HomeMy WebLinkAboutMarch 2, 2021 Regular City Council Meeting Agenda PacketMarch 02, 2021 Dublin City Council Regular Meeting Agenda 1
COUNCILMEMBERS Dublin Civic Center
Melissa Hernandez, Mayor 100 Civic Plaza
Shawn Kumagai, Vice Mayor Dublin, CA 94568
Jean Josey, Councilmember www.dublin.ca.gov
Sherry Hu, Councilmember
Michael McCorriston, Councilmember
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, March 2, 2021 Location: Electronic Methods
REGULAR MEETING 7:00 PM
Meeting Procedure During Coronavirus (COVID-19) Outbreak:
In keeping with the guidelines provided by the State of California and Alameda County Department
of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and
recommendations to follow social distancing procedures, the City of Dublin will adopt the following
practices during upcoming City Council meetings:
• The Dublin City Council will hold the meetings remotely via Zoom Video Communications.
• Per normal practice, the meeting will be livestreamed and available at www.TV30.org for
viewing and also broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This
meeting will also be available on City’s website: https://dublin.ca.gov/1604/Meetings-
Agendas-Minutes-Video-on-Demand
• Online speaker slips will be available at 10:00 a.m. at www.dublin.ca.gov, and the public will
be able to call in using a computer/or smart phone via a link which will be provided
following submission of a speaker slip. A telephonic option will also be available.
• Once connected, the public speaker will be connected to the Zoom webinar as an attendee
and muted. The speaker will be able to see the meeting from inside Zoom.
• When the agenda item upon which the individual would like to comment is addressed, the
speaker will be announced in the meeting when it is his/her time to speak to the City Council.
The speaker will then be unmuted for comment.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ORAL COMMUNICATIONS
3.1 Employee Introduction: Gabriella Lorenzo
New City of Dublin Staff member, Gabriella Lorenzo, Office Assistant II with Police
Services, will be introduced.
STAFF RECOMMENDATION:
Welcome the City of Dublin Staff member.
Staff Report
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3.2 Update on Dublin Library Services
The City Council will receive a presentation by Dublin Library Staff regarding current
service offerings and plans for reopening consistent with guidelines provided by the
Alameda County Department of Public Health.
STAFF RECOMMENDATION:
Receive the presentation.
Staff Report
Item 3.2 - PowerPoint Presentation
3.3 37th Annual St. Patrick’s Day Celebration Preview
The City Council will receive a presentation that previews the 37th Annual St. Patrick’s Day
Celebration including modifications due to the COVID-19 pandemic.
STAFF RECOMMENDATION:
Receive the presentation.
Staff Report
Item 3.3 - PowerPoint Presentation
3.4 Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the
podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES.
In accordance with State Law, no action or discussion may take place on any item not appearing on the posted
agenda. The Council may respond to statements made or questions asked, or may request Staff to report back
at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office
related to the proper procedure to place an item on a future City Council agenda. The exceptions under which
the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in
Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for
approval by the City Council with one single action. Members of the audience, Staff or the
City Council who would like an item removed from the Consent Calendar for purposes of
public input may request the Mayor to remove the item.
4.1 Approval of the February 16, 2021 Regular City Council Meeting Minutes
The City Council will consider approval of the minutes of the February 16, 2021 Regular City
Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the February 16, 2021 Regular City Council Meeting Minutes.
Staff Report
Attachment 1 - February 16, 2021 Regular City Council Meeting Minutes
4.2 Resolution Declaring Dublin an Idle-Free City
The City Council will consider declaring the City of Dublin an Idle-Free City. Substantial
evidence indicates the negative impacts of vehicle idling on human health and the
environment. Establishing the City of Dublin as an Idle-Free City will minimize avoidable air
pollution and supports a high quality of life for Dublin residents and visitors.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring the City of Dublin an Idle-Free City.
Staff Report
Attachment 1 - Resolution Declaring the City of Dublin an Idle-Free City
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Attachment 2 - Resolution 220-03
Attachment 3 - Tri-Valley Spare the Air Resource Team Facts About Idling
4.3 Agreement with MNS Engineers, Inc. for Construction Administration, Inspection,
and Materials Testing Services for the Iron Horse Trail Bridge at Dublin Boulevard
Project
The City Council will consider approving an Agreement with MNS Engineers, Inc. for
construction administration, inspection, and materials testing services for the Iron Horse Trail
Bridge at Dublin Boulevard project (CIP No. ST0118).
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with MNS Engineers, Inc. for Construction
Administration, Inspection, and Materials Testing for the Iron Horse Trail Bridge at Dublin
Boulevard Project (CIP No. ST0118).
Staff Report
Attachment 1 - Resolution Approving an Agreement with MNS Engineers, Inc. for
Construction, Administration, Inspection, and Materials Testing for the Iron Horse Trail
Bridge at Dublin Boulevard Project
Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement with MNS
Engineers, Inc.
Attachment 3 - Request for Proposals for Construction Administration, Inspection, and
Material Testing for Iron Horse Trail Bridge at Dublin Boulevard Attachment 4 - CIP
ST0118
4.4 City Proclamations for the Month of March
The City Council will consider the following proclamations for the month of March in the
City of Dublin: American Red Cross Month, Developmental Disabilities Awareness Month,
Irish-American Heritage Month, March for Meals, National Colorectal Cancer Awareness
Month, and Women’s History Month.
STAFF RECOMMENDATION:
Approve the proclamations.
Staff Report
Attachment 1 - American Red Cross Month
Attachment 2 - Developmental Disabilities Awareness Month
Attachment 3 - Irish-American Heritage Month
Attachment 4 - March for Meals Month
Attachment 5 - National Colorectal Cancer Awareness Month
Attachment 6 - Women’s History Month
4.5 Kent Property Rezoning (PLPA-2019-00002)
The City Council will consider adopting an Ordinance Rezoning a 1.5-acre property located
at 6207 Sierra Court from Light Industrial (M-1) to General Commercial (C-2). The first
reading of the Ordinance was held at the February 16, 2021 Regular City Council Meeting.
The City Council will now consider adopting the Ordinance.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Approving Amendments to Dublin Zoning Map
for Property Located at 6207 Sierra Court from the M-1 Zoning District to the C-2 Zoning
District.
Staff Report
Attachment 1 - Ordinance Approving Amendments to Dublin Zoning Map for Property
Located at 6207 Sierra Court from the M-1 Zoning District to the C-2 Zoning District
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4.6 Authorization to Participate in the Visit Tri-Valley Local Recovery Campaign
The City Council will consider participating in the Visit Tri-Valley local recovery campaign
to encourage residents to support small businesses.
STAFF RECOMMENDATION:
Authorize the City Manager to enter into a Memorandum of Understanding with Visit Tri-
Valley and approve the budget change.
Staff Report
Attachment 1 - Visit Tri-Valley Local Recovery Campaign Partnership Levels
Attachment 2 - Budget Change Form
4.7 Agreement with Crossroads Software Inc.
The City Council will consider an agreement with Crossroads Software Inc. for the
procurement of Handheld Citation Software and Collision Report Writing Software.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Contractor Services Agreement with Crossroads Software
Inc.
Staff Report
Attachment 1 - Resolution Approving a Contract Services Agreement with Crossroads
Software Inc.
Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement Between the City
of Dublin and Crossroads Software Inc
Attachment 3 - Crossroads Software Inc. Sole Source Declaration
Attachment 4 - Quotes for Purchase of Six Zebra Bluetooth Printers and Accessories
5. WRITTEN COMMUNICATION – None.
6. PUBLIC HEARING – None.
7. UNFINISHED BUSINESS
7.1 Funding Agreement and Memorandum of Understanding for Axis Community
Health’s Mental Health Urgent Care Pilot Project
The City Council will consider authorizing the City Manager to enter into a Funding
Agreement with Axis Community Health, as well as a Memorandum of Understanding with
the cities of Pleasanton and Livermore, to provide funding to the proposed Mental Health
Urgent Care pilot project.
STAFF RECOMMENDATION:
By motion, authorize the City Manager to enter into the Funding Agreement with Axis
Community Health and the Memorandum of Understanding with the cities of Pleasanton and
Livermore.
Staff Report
Attachment 1 - Funding Agreement between the City of Dublin and Axis Community Health
Attachment 2 - Memorandum of Understanding between the City of Dublin, the City of
Livermore, and the City of Pleasanton
7.2 SCS Property Community Outreach
The City Council will receive a report on a City-led community outreach process for the SCS
Property (the undeveloped property between Tassajara Road and Brannigan Street from just
northside of Gleason Drive to I-580), provide input on the guiding principles for the process,
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and consider approval of an agreement with ELS Architecture & Urban Design to assist with
the community outreach.
STAFF RECOMMENDATION:
Review the proposed City-led community outreach process, provide input on the guiding
principles for the process and adopt the Resolution Approving a Consulting Services
Agreement Between the City of Dublin and ELS Architecture & Urban Design for the SCS
Property Community Outreach.
Staff Report
Attachment 1 - Resolution Approving a Consulting Services Agreement Between the City of
Dublin and ELS Architecture & Urban Design for the SCS Property Community Outreach
Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement
Attachment 3 - Exhibit A to the Agreement - ELS Response to Request for Proposals
Attachment 4 - Exhibit B to the Agreement - ELS Compensation Schedule
Item 7.2 - PowerPoint Presentation
8. NEW BUSINESS
8.1 Fiscal Year 2020-21 2nd Quarter Financial Review
The City Council will receive a financial report through the second quarter for Fiscal Year 2020-
21 and consider amendments to the Fiscal Year 2020-21 Budget via a budget change.
STAFF RECOMMENDATION:
Receive the report and approve the budget change.
Staff Report
Attachment 1 - General Fund Summary
Attachment 2 - General Fund Reserves
Attachment 3 - General Fund Transfers Out
Attachment 4 - Budget Change
Item 8.1 - PowerPoint Presentation
8.2 Designation of Agency Labor Negotiators, Unrepresented Employee: City
Manager
The City Council will consider the appointment of two Councilmembers as representatives for
the City Manager’s annual review and performance evaluation, including discussion of
compensation matters.
STAFF RECOMMENDATION:
Appoint two Councilmembers as representatives for the City Manager’s annual review
and performance evaluation, including discussion of compensation.
Staff Report
8.3 Designation of Agency Labor Negotiators, Unrepresented Employee: City Attorney
The City Council will consider the appointment of two Councilmembers as representatives for
the City Attorney’s annual review and performance evaluation, including compensation
matters.
STAFF RECOMMENDATION:
Appoint two Councilmembers as representatives for the City Attorney’s annual review and
performance evaluation, including discussion of compensation.
Staff 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).
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March 02, 2021 Dublin City Council Regular Meeting Agenda 6
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,
fosters new opportunities, provides equity across all programs, and champions a culture of diversity
and inclusion.
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Agenda Item 3.1
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Employee Introduction: Gabriella Lorenzo
Prepared by: Garrett Holmes, Chief of Police
EXECUTIVE SUMMARY:
New City of Dublin Staff member, Gabriella Lorenzo, Office Assistant II with Police Services, will be
introduced.
STAFF RECOMMENDATION:
Welcome the City of Dublin Staff member.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member, Gabriella Lorenzo, Office Assistant II with Police Services, will be
introduced to the City Council.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
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Agenda Item 3.2
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Update on Dublin Library Services
Prepared by: Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will receive a presentation by Dublin Library Staff regarding current service
offerings and plans for reopening consistent with guidelines provided by the Alameda County
Department of Public Health.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will receive a presentation by Dublin Library staff regarding current service
offerings and plans for reopening consistent with guidelines provided by the Alameda County
Department of Public Health.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
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Update on
Dublin Library Services
March 2, 2021
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Dublin Library
Shammi Gill, Dublin Library Manager
Ben Gomberg, Division Director –Community Libraries
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Highlights:July -December 2020
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No Contact Pick Up Service
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Community Appreciation
“Thank you so much for compiling this book list for me, I really appreciate the time
you librarians put in to make the library still accessible for us readers. I am so amazed
at how accurate the recommended books are to my liking.” by Arianna
“Libraries and librarians are doing great things to help us maintain our sanity during
this interesting experience. Thank you to you and your staff.” by Danielle
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Questions
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Agenda Item 3.3
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:37th Annual St. Patrick’s Day Celebration Preview
Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager
EXECUTIVE SUMMARY:
The City Council will receive a presentation that previews the 37th Annual St. Patrick’s Day
Celebration including modifications due to the COVID-19 pandemic.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
The budget for the St. Patrick’s Day celebration is included as part of the City’s annual operating
budget. Due to the COVID-19 pandemic and modifications required to host the event safely, the
budget has been significantly reduced.
DESCRIPTION:
The City of Dublin’s 37th annual St. Patrick’s Day Celebration will be markedly different than in
years past. Historically, the celebration took place over a two-day weekend drawing crowds of
more than 75,000 people. Due to the ongoing COVID-19 pandemic and with public safety of the
utmost concern, significant reductions and modifications have been made to ensure compliance
with state and local health orders. The modified event will take place Saturday, March 13 through
Saturday, March 20, 2021 and will continue to commemorate Dublin’s heritage and celebrate
community pride with a series of limited, in-person, registration-based events, as well as virtual
events and other outdoor activities within the confines of current health regulations.
Business Community Involvement
The 37th annual St. Patrick’s Day Celebration will kick off with a marketing campaign to “Discover
Dublin” and will focus on supporting the local business community. In coordination with the
Economic Development Department and the Chamber of Commerce, the “Shamrock Crawl” will
entice consumers to visit participating Dublin businesses for food and drink specials and themed
meals. The marketing campaign will include brochures and maps highlighting participating
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restaurants, a bingo-type activity to incentivize participation, and signage directing event goers to
locations. Lastly, Hacienda Crossings will host a St. Patrick’s Day shopping experience in their
entertainment village. This will provide an opportunity for local retailers, who have otherwise
had events cancelled, to generate business again. A virtual component will also be included for
those not comfortable with in-person shopping.
In-Person Events
In-person events will include a Celtic Rock Concert and Irish Dance Lessons. A chalk-art activity is
also planned as a hybrid event where participants can either pre-register and create chalk
masterpieces in person or complete their artwork at home and submit photos. These events will
take place at different locations throughout town over the weekend of March 13 and March 14.
Events will be registration based and will follow guidance issued from the Alameda County Public
Health Department.
Virtual Events
A week of Virtual Spirit Activities are planned from March 13- 20. This includes a leprechaun
building activity, leprechaun hunt, Irish cooking demonstrations, and more. These events will
utilize different virtual platforms including Zoom and Goosechase (smart device app).
Virtual Fun Run
The annual Shamrock 5k Fun Run and Walk is planned as a virtual event with two different
options for runners. The 5k must be completed between March 13 - 20 and can either be done at
home on a treadmill, on a course of the runner’s choice, or on a City-designated course around
Emerald Glen Park. These options are provided to best meet the needs of the community as some
people may not feel comfortable running in outdoor public spaces and would prefer to participate
from home. Timing will be done using the RaceJoy smart device app with all participants
receiving a commemorative t-shirt and virtual racing bib. Prizes will be awarded to top finishers
in each category for those that choose to run the designated course at Emerald Glen Park. As in
years past, the event is sponsored by Dick’s Sporting Goods.
Overall, while the 2021 St. Patrick’s Day celebration will be significantly different than the
traditional event, the event lineup and offerings will provide safe and enjoyable activities for the
community. Although some of the signature events like the St. Patrick’s Day Parade, Pancake
Breakfast, and Green & White Gala will not take place this year, Staff has strived to “Paint the
Town Green” with signage, street banners, and ribbons to commemorate the celebration.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
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37th Annual St. Patrick’s Day
Celebration Preview
City Council Meeting -March 2, 2021 -Item 3.3
17
37th Annual St. Patrick's Day
Celebration
18
Business Community Involvement
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Virtual Events
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In-Person Registration Based Activities
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Sponsors
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Looking Forward to Next Year
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See You There!
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Agenda Item 4.1
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Approval of the February 16, 2021 Regular City Council Meeting Minutes
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the February 16, 2021 Regular City
Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the February 16, 2021 Regular City Council meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the February 16, 2021, Regular City
Council meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) February 16, 2021 Regular City Council Meeting Minutes
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: February 16, 2021
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
FEBRUARY 16, 2021
A Regular Meeting of the Dublin City Council was held on Tuesday, February 16, 2021,
remotely via Zoom Video Communications. The meeting was called to order at 7:00 PM,
by Mayor Hernandez.
1. Call to Order
Attendee Name Title Status
Melissa Hernandez Mayor Present
Shawn Kumagai Vice Mayor Present
Jean Josey Councilmember Present
Michael McCorriston Councilmember Present
Sherry Hu Councilmember Present
2. Pledge of Allegiance
The pledge of allegiance was recited by the City Council and Staff.
3. Oral Communications
3.1. Presentation of Plaques to Outgoing Commissioners and Committee Members
The City Council presented plaques to Amit Kothari and Dawn Plants (Planning
Commission);Michelle Smith McDonald (Parks and Community Services
Commission); Georgean Vonheeder-Leopold, Sawsan Wolski, and Timea Iharosi
(Heritage and Cultural Arts Commission); Connie Mack and Susan Miller (Senior
Center Advisory Committee); and Candy Velsasco and Nelia Soares (Human Services
Commission) in appreciation of their dedicated service to the City.
3.2. Public Comment
No public comment.
4. Consent Calendar
Item 4.4. was pulled by Councilmember McCorriston for further discussion.
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DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
FEBRUARY 16, 2021
4.1.Approved the January 25, 2021 Special Joint Meeting and the February 2, 2021
Regular City Council Meeting Minutes.
4.2. Received the Payment Issuance Report and Electronic Funds Transfers showing
payments issued from January 1, 2021 - January 31, 2021 totaling $8,689,791.75.
4.3.Adopted
RESOLUTION NO. 13 - 21
GRANTING PUBLIC RIGHT-OF-WAY FOR DUBLIN BOULEVARD OVER A
PORTION OF ASSESSOR PARCEL NUMBER 941-550-18-3
RESOLUTION NO. 14 – 21
GRANTING PUBLIC RIGHT-OF-WAY FOR SCARLETT COURT OVER A PORTION
OF ASSESSOR PARCEL NUMBER 941-550-77-1
4.5. Adopted
RESOLUTION NO. 15 - 21
APPROVING THE PLANS AND SPECIFICATIONS, REJECTING A BID
PROTEST, AND AWARDING A CONTRACT TO SUAREZ AND MUNOZ
CONSTRUCTION, INC. FOR THE FALLON SPORTS PARK
4.6. Accepted the donation and recognized the Bilich Family/Preferred Financial Group.
RESULT:ADOPTED [UNANIMOUS]
MOVED BY:Jean Josey, Councilmember
SECOND:Shawn Kumagai, Vice Mayor
AYES:Hernandez, Hu, Josey, Kumagai, McCorriston
4.4.Received the City Treasurer’s Informational Report of Investments for the Quarter
Ending December 31, 2020.
Bill Dennehy, City of Dublin Portfolio Manager with Chandler Asset Management,
provided a presentation and responded to questions posed by the City Council.
On motion by Councilmember McCorriston, seconded by Vice Mayor Kumagai, and by
unanimous vote, the Council received the informational report.
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DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
FEBRUARY 16, 2021
RESULT:ADOPTED [UNANIMOUS]
MOVED BY:Michael McCorriston, Councilmember
SECOND:Shawn Kumagai, Vice Mayor
AYES:Hernandez, Hu, Josey, Kumagai, McCorriston
5. Written Communication – None.
6. Public Hearing
6.1. Kent Property General Plan Amendment and Rezoning (PLPA-2019-00002)
The City Council received the presentation for the General Plan Amendment and
Rezoning of a 1.5-acre property located at 6207 Sierra Court known as the Kent
property from Business Park/Industrial to Retail/Office and Automotive and an
associated Rezone from M-1 (Light Industrial) to C-2 (General Commercial).
Mayor Hernandez opened the public hearing.
There being no public comment, Mayor Hernandez closed the public hearing.
On motion of Councilmember Josey, seconded by Vice Mayor Kumagai, and by
unanimous vote, the City Council Waived the Reading and INTRODUCED the
Ordinance Amending the Zoning Map for Property Located at 6207 Sierra Court from
M-1 to C-2, and adopted
RESOLUTION NO. 16 - 21
ADOPTING THE INITIAL STUDY/NEGATIVE DECLARATION AND AMENDING
THE GENERAL PLAN LAND USE DESIGNATION
RESULT:ADOPTED [UNANIMOUS]
MOVED BY:Jean Josey, Councilmember
SECOND:Shawn Kumagai, Vice Mayor
AYES:Hernandez, Hu, Josey, Kumagai, McCorriston
7. Unfinished Business – None.
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DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
FEBRUARY 16, 2021
8. New Business
8.1. Two-Year Strategic Plan Quarterly Update
The City Council received a status update on the City’s Two-Year Strategic Plan.
Shirley Lewandowski provided public comment.
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
The meeting was adjourned at 8:08 p.m.
Mayor
ATTEST:
City Clerk
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Agenda Item 4.2
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Resolution Declaring Dublin an Idle-Free City
Prepared By: Chloe Trifilio, CivicSpark Fellow Environmental Services Division
and Shannan Young, Environmental and Sustainability Manager
EXECUTIVE SUMMARY:
The City Council will consider declaring the City of Dublin an Idle-Free City. Substantial evidence
indicates the negative impacts of vehicle idling on human health and the environment.
Establishing the City of Dublin as an Idle-Free City will minimize avoidable air pollution and
supports a high quality of life for Dublin residents and visitors.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring the City of Dublin an Idle-Free City.
FINANCIAL IMPACT:
There would be no impact to the General Fund. Outreach associated with the Idle-Free City
campaign would be executed by existing Staff and with materials provided by the Tri-Valley Spare
the Air Resource Team.
DESCRIPTION:
On November 4, 2003, the City Council adopted the Clean Air Consortium Checklist and executed a
voluntary agreement to comply with the Checklist requirements through Resolution 220-03. The
Checklist outlines strategies to reduce the negative impact of municipal maintenance and
operations on air quality during summer Spare the Air Days. One strategy included on the
Checklist is to avoid idling.
Idling, or leaving a vehicle’s engine running when it is parked or not in use, is unnecessary and has
economic, environmental, and health repercussions. Common instances of idling occur when
people are waiting to pick up another person or takeout food, sitting at drive-through restaurants,
and while using a phone before or after driving. When cars and trucks idle, they emit ground-level
ozone, or “smog”, made of organic compounds and oxides of nitrogen that react with sunlight.
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Usually, steady winds and cool temperatures help keep ozone from building up to unhealthy
concentrations, but the long, hot days of summer months provide a higher chance for ozone to
accumulate.
Due to air quality issues as exemplified by the regular, recurring high ozone days, the Tri-Valley
Region is included in the Community Air Protection Program established by the California Air
Resources Board as part of Assembly Bill (AB) 617. The intent of AB 617 and the Community Air
Protection Program is to reduce air pollution exposure in communities most impacted by air
pollution.
In addition to high ozone levels, wildfire events in the greater Bay Area have become more
frequent and more intense; therefore, concern for air quality is increasing. According to the Spare
the Air website, 46 Spare the Air Alerts were called in the year 2020. Spare the Air Alerts are
issued when ozone concentrations or levels of particulate matter exceed the national health-based
air quality standard. Emitted by wildfires and vehicle exhaust, particulate matter is liquid or solid
particles that are so fine they can be inhaled into the lungs and enter the bloodstream. Prior to
2020, the highest number of recorded Spare the Air Days in a year was 33 days in the year 2013.
High ozone and particulate matter levels have the potential to cause harm to humans, especially to
vulnerable populations. When particulate matter or ozone is inhaled it can:
Aggravate asthma;
Decrease lung function;
Cause lung tissue inflammation and irritation;
Cause coughing or difficulty breathing; and
Exacerbate cardiovascular problems and lung diseases.
Poor air quality is most impactful to those with respiratory diseases and for children because their
lungs are still developing. Other vulnerable populations include pregnant women, elderly people,
and people with compromised immune systems.
Idling vehicles also emit greenhouse gases (GHGs) such as hydrocarbons, nitrogen oxides, and
carbon monoxide. GHGs are the primary contributor to climate change. The City of Dublin recently
reaffirmed its commitment to combating climate change by adopting its Climate Action Plan 2030
and Beyond (CAP 2030). CAP 2030 establishes 22 measures to achieve GHG emissions reductions
equal to 40 percent below 1990 levels by 2030 and to put the City on the path to achieve carbon
neutrality by 2045. To achieve these goals, CAP 2030 calls on Dublin municipal operations and
citizens to make behavior changes such as developing idle-free habits. As described in CAP 2030,
60 percent of Dublin’s GHG emissions come from the transportation sector.
Potential for Outreach
Establishing Dublin as an Idle-Free City would provide Dublin citizens an opportunity to act at a
local level to directly benefit the health of the community while also helping to reduce GHG
emissions. Staff would engage the community through the social media channels it maintains and
at tabling events when it is safe to resume in-person activities. Creating educational materials
31
Page 3 of 4
would require minimal time because the Spare the Air Resource Team has anti-idling resources
already available such as videos, fact sheets, banners and more. Staff would partner with Dublin
Unified School District and other community groups to target idle-free hotspots such as schools
and drive-throughs.
The City of Dublin also participates in the Tri-Valley Spare the Air Resource Team, which is funded
by the Bay Area Air Quality Management District (BAAQMD). The Tri-Valley Spare the Air
Resource Team created an educational campaign to discourage idling called “Idle Free Tri-Valley.”
This campaign provides information, resources and toolkits that can be used to promote idle-free
messaging, which can be accessed on the website IdleFreeTriValley.org.
Exceptions and Enforcement
Municipal staff and contractors, residents, visitors, and businesses should join the effort to become
idle-free, but the following exceptions may apply:
If it is necessary for an emergency vehicle to idle during an emergency situation;
If it is necessary to idle a vehicle to prevent a safety or health emergency for human or
animal occupants, or to prevent the aggravation of a passenger’s disability or health
condition, but not merely to maintain the comfort of vehicle occupants;
If the vehicle is forced to remain motionless on a public road due to traffic conditions;
If vehicle idling is necessary for auxiliary power for law enforcement equipment,
refrigeration units, loading/unloading lifts, well drilling, and/or farming; and
If vehicle idling is necessary for repair or inspection of a vehicles.
Active enforcement of the idle-free initiative for the community at large is not recommended at
this time. Voluntary compliance will be promoted to the community. Municipal fleet and contract
employees are expected to adhere to the guidance to refrain from vehicle idling for durations of 30
seconds or longer.
In summary, decreasing toxic emissions from idling vehicles will increase air quality and benefit
the health of the people of Dublin, as well as the environment. It is in the public interest that the
Dublin community reduce vehicle emissions and declare that Dublin become an Idle-Free City.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Declaring the City of Dublin an Idle-Free City
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Page 4 of 4
2) Resolution 220-03 Approving Adoption of the Clean Air Consortium Checklist and Execution of
the Voluntary Agreement as Requested by the Bay Area Air Quality Management District
3) Tri-Valley Spare the Air Resource Team Facts About Idling
33
Attachment 1
Reso. No. XX-20, Item X.X, Adopted XX/XX/20 Page 1 of 2
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DECLARING THE CITY OF DUBLIN AN IDLE-FREE CITY
WHEREAS,idling vehicles emit pollutants such as greenhouse gases (GHGs),
hydrocarbons, nitrogen oxides, carbon monoxide, particulate matter, and other toxic air
contaminants that are harmful to both the environment and to human health; and
WHEREAS,the City of Dublin has committed to reducing GHG emissions with the
adoption of its Climate Action Plan 2030 and Beyond, which includes goals to reduce GHG
emissions to 40 percent below 1990 levels by 2030 and to reach carbon neutrality by 2045; and
WHEREAS,the emissions produced by idling vehicles can cause health issues such as
increased rates of heart and lung diseases and can aggravate lung illnesses such as acute
respiratory infections, asthma, chronic bronchitis, emphysema, and lung cancer; and
WHEREAS,it is vital to protect public health and safeguard the well-being of vulnerable
populations such as children, elderly people, pregnant women, people with respiratory diseases,
and people with compromised immune systems who are disproportionately affected by poor air
quality; and
WHEREAS,idling a typical vehicle for longer than 10 seconds consumes more fuel than
restarting the vehicle, resulting in preventable GHG and toxic air emissions and wasted fuel; and
WHEREAS,education about reducing idling can raise awareness and encourage the
Dublin community to develop idle free habits; and
WHEREAS,the City of Dublin aims to support a high quality of life and a safe and secure
environment; and
WHEREAS,the Dublin community can improve air quality by turning off vehicles
whenever idling would occur for 30 seconds or longer.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
declares Dublin to be an Idle-Free City and encourages residents, visitors, employees and other
individuals within City limits not to exceed 30 seconds of idling time in their vehicles.
PASSED, APPROVED AND ADOPTED this 2nd day of March 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
34
Attachment 1
Reso. No. XX-20, Item X.X, Adopted XX/XX/20 Page 2 of 2
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
35
Attachment 2
36
37
38
Facts About Idling
Health
Car exhaust releases particulate matter (PM) into the air,
and inhaling PM can:
o Aggravate asthma
o Decrease lung function
o Cause coughing or difficulty breathing
o Exacerbate cardiovascular problems1
Children are especially vulnerable to air pollution because their developing lungs,
incomplete metabolic systems, immature host defenses, and high rates of infection by
respiratory pathogens can lead to higher doses of pollutants reaching the lungs.2
Saving Fuel and Money
For every two minutes a car is idling, it uses about the same amount of fuel it takes to
go about one mile. 3
Ten seconds of idling can use more fuel than turning off the engine and restarting it. 4
Emissions
In the Bay Area, on-road motor vehicles account for 35% of Ozone-forming pollutants
in the summer and 12% of fine particulate pollution in the winter.5
Transportation accounts for 39% of Bay Area greenhouse gas (GHG) emissions.6
Transportation accounts for 53% of Napa County GHG emissions.7
Vehicle Myths 8
The engine should be warmed up before driving. Reality: Idling is not an effective way
to warm up your vehicle, even in cold weather. The best way to do this is to drive.
Idling is good for your engine. Reality: Excessive idling can actually damage your
engine components.
Shutting off and restarting your vehicle is hard on the engine. Reality: Frequent
restarting has negligible impact on engine components.
1 Environmental Protection Agency: “Health and Environmental Effects of Particulate Matter (PM)” https://www.epa.gov/pm-
pollution/health-and-environmental-effects-particulate-matter-pm
2 World Health Organization: The Effects of Air Pollution on Children's Health and Development: A Review of the Evidence, p.3
http://www.euro.who.int/ data/assets/pdf file/0010/74728/E86575.pdf
3 US Department of Energy, Energy Efficiency & Renewable Energy http://www.anl.gov/sites/anl.gov/files/Idling-
PersonalVehicles050715.pdf
4 Ibid.
5 Bay Area Air Quality Management District Annual Report 2015, p.3 http://www.baaqmd.gov/~/media/files/communications-and-
outreach/publications/annual-report/baaqmd_15ar_31920_pdf-pdf.pdf?la=en
6 Ibid.
7 Draft Napa Countywide CAP Framework http://www.countyofnapa.org/CAP/
8 US Department of Energy http://www.anl.gov/sites/anl.gov/files/Idling-PersonalVehicles050715.pdf
Attachment 3
39
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.3
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Agreement with MNS Engineers, Inc. for Construction Administration,
Inspection, and Materials Testing Services for the Iron Horse Trail Bridge at
Dublin Boulevard Project
Prepared by: William Wahbeh, Associate Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving an Agreement with MNS Engineers, Inc. for construction
administration, inspection, and materials testing services for the Iron Horse Trail Bridge at Dublin
Boulevard project (CIP No. ST0118).
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with MNS Engineers, Inc. for Construction
Administration, Inspection, and Materials Testing for the Iron Horse Trail Bridge at Dublin
Boulevard Project (CIP No. ST0118).
FINANCIAL IMPACT:
The Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118 (Project), is included in
Five-Year Capital Improvement Program (Attachment 4). On November 17,2020, the City Council
approved a funding agreement (Resolution No. 117-20) with the Bay Area Rapid Transit District
(BART) for $1,500,000 in Measure RR Safe Routes to BART (SR2B), increasing the total project
funding to $11,604,439.
Based on the updated cost estimates, the Project is currently estimated at $11,604,000, which
includes all design, construction, consultant, and staff costs. Consultant costs comprise $950,000
for construction administration, inspection, and materials testing services. With the addition of
the SR2B funding, there is adequate funding to complete the Project.
DESCRIPTION:
On November 7, 2017, the City Council approved the Iron Horse Trail Feasibility Study, as well as
the proposed design of a bridge crossing at Dublin Boulevard. This Study recommended a steel
40
Page 2 of 2
truss arch-type bridge for this location. On February 20, 2018, the City Council adopted Resolution
No. 15 -18 approving the Iron Horse Trail Bridge at Dublin Boulevard Project and approving a
consulting services agreement with Mark Thomas & Company, Inc. for completing a final design
phase for the Project.
The final design phase is now 95% complete and the Project is entering the pre-construction and
construction phases, requiring construction administration support, inspection, and materials
testing services. On September 16, 2020, Staff issued a Request for Proposal (RFP) for the
selection of a consultant to perform these services (Attachment 3). In response to the RFP, the City
received seven proposals. Based on the RFP selection criteria, five firms were selected for
interviews, which were conducted on December 15, 2020. The interview panel consisted of Staff
and a Project partner agency. MNS Engineers, Inc. received the highest ranking and is
recommended as the consultant for the construction administration, inspection, and materials
testing services for the Project.
The Project is anticipated to solicit bids for construction in mid-2021.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report has been provided to the Alameda County Transportation Commission
(ACTC), and the ACTC Citizen Watchdog Committee. The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Agreement with MNS Engineers, Inc. for Construction,
Administration, Inspection, and Materials Testing for the Iron Horse Trail Bridge at Dublin
Boulevard Project
2) Exhibit A to the Resolution – Consulting Services Agreement with MNS Engineers, Inc.
3) Request for Proposals for Construction Administration, Inspection, and Material Testing for
Iron Horse Trail Bridge at Dublin Boulevard
4) CIP ST0118
41
Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2
RESOLUTION NO. XX - 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH MNS ENGINEERS, INC. FOR CONSTRUCTION
ADMINSTRATION, INSPECTION, AND MATERIALS TESTING FOR THE IRON HORSE
TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT (CIP NO. ST0118)
WHEREAS, On November 7, 2017, the City Council approved the Iron Horse Trail
Feasibility Study as well as the proposed design of a bridge crossing at Dublin Boulevard; and
WHEREAS,on February 20, 2018, the City Council adopted Resolution No. 15-18
approving a new Capital Improvement Program Project - Iron Horse Trail Bridge at Dublin
Boulevard (Project) and approving a Consulting Services Agreement with Mark Thomas &
Company, Inc. for completing final design phase for the Project; and
WHEREAS, the City has received grant funding and in combination with other budgeted
transportation and developer funds has adequate funds to complete design, construction
administration, and construction of the Project; and
WHEREAS,it is now prudent to proceed with construction administration services for the
Project; and
WHEREAS, the City completed a Request For Proposal (RFP) process to select a consulting
firm to perform construction administration, inspection, and materials testing for the Project; and
WHEREAS, of the seven responses to the RFP, MNS Engineers, Inc. (Consultant) was highest
ranked and demonstrated the ability to perform said work; and
WHEREAS, Consultant is available to perform said work as specified for a not-to-exceed
amount of $950,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Consulting Services Agreement with MNS Engineers, Inc. attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to
carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of March 2021, by the following vote:
AYES:
NOES:
42
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
43
Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
MNS ENGINEERS, INC.
FOR
IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
MNS Engineers, Inc. (“Consultant”) as of March 2, 2021 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on February 28, 2023, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work,” the services constitute a public works
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Attachment 2
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Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 2 of 15
Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Nine
Hundred and Fifty Thousand Dollars, ($950,000) notwithstanding any contrary indications that may be
contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as
Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant
for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
45
Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 3 of 15
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 4 of 15
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall
not exceed $70,044.14. Expenses not listed in Exhibit B are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under
this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
47
Consulting Services Agreement between City of Dublin and [03/02/2021]
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insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
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Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 6 of 15
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
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Consulting Services Agreement between City of Dublin and [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Page 7 of 15
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
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Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
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customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall, at all
times, exercise Standard of Care to comply with all laws and regulations applicable to the
performance of the work hereunder, including but not limited to, the California Building
Code, the Americans with Disabilities Act, and any copyright, patent or trademark law.
Consultant’s failure to comply with any law(s) or regulation(s) applicable to the
performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
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creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
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the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
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understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
MNS Engineers, Inc.
Att: Jim Scott
401 Grand Avenue Suite 200
Oakland, CA 94610
Any written notice to City shall be sent to:
City of Dublin
Att: Andrew Russell
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
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10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN MNS Engineers, Inc.
Linda Smith, City Manager James Salvito, President
Attest:1000003564
Consultant’s DIR Registration Number
Caroline Soto, City Clerk
Approved as to Form:
City Attorney
3070368.1
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Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
See attached Scope of Services and Schedule
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EXHIBIT A
SCOPE OF WORK
INTRODUCTION
This project will construct a Class 1 bicycle and pedestrian truss arch bridge over Dublin Boulevard
near the Dublin Boulevard and Scarlett Drive intersection. The bridge will provide safer and easier
Iron Horse Trail access, including access to and from the Dublin-Pleasanton BART station, and will
connect two existing segments of the Iron Horse Trail, creating a total separation of bicyclists and
pedestrians from motorized vehicles. Construction work will generally consist of miscellaneous
clearing and demolition, cast-in-place footing construction, retaining wall installation, bridge
fabrication and erection, ADA ramp and steel railing installation, trail lighting installation, and any
associated paving work.
The project’s current engineer’s estimate is between $7 and $8 million with an estimated project
construction length of 240 working days. Project working hours are anticipated to be Monday through
Friday with standard allowable working hours (approximately 7:00 AM to 6:00 PM). Special
construction conditions may require Saturday, Sunday, and night work.
The PS&E package is currently at approximately 95% completion and the documents are ready for
constructability and bid process review. The City and its design consultant are currently finalizing the
license agreement for construction work on Alameda County land.
The Dublin Crossing Specific Plan Environmental Impact Report (DCEIR) Initial
Study/Supplemental Mitigated Negative Declaration (IS/SMND) was approved by the City Council
on April 7, 2020. Per the SMND, the DCEIR adequately addresses the potential environmental
impacts for the project. However, the project must adhere to the requirements of the DCEIR.
Construction permits are required prior to the start of construction activities. Per the DCEIR and
IS/SMND, wetlands south of Dublin Boulevard were identified to be impacted by this project. As a
result, Regional Water Quality Control Board, Section 401, Section 404, and any other permits noted
in the DCEIR may be needed. Other construction related permits, such as an encroachment permit,
will need to be acquired prior to the start construction work.
Services Requested
The selected team will provide professional and technical services to provide a pre-bid
constructability review, perform bid support, conduct construction management, inspect
construction work, and perform material testing for the Iron Horse Trail Bridge project under the
supervision of the City of Dublin.
The following services are required under this contract:
Perform a pre-bid 95% design constructability review of the construction documents.
Assist the City’s Project Manager and Designer during the bid solicitation.
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Bid Evaluation
Construction Management
Coordination with the City, Contractor, Agencies, and Public
Public Works Inspection
Materials testing and Special Inspection
Project Closeout documentation
SCOPE OF WORK
The Scope of Services is intended as a guide to illustrate the minimum project requirements.
Services During Pre-Construction:
The Construction Manager will assist City Staff in the following:
1. Perform a review of the 95% design construction documents issued to the City for review
and provide recommendations regarding feasibility of construction methods, current
availability of materials and labor and time requirements for procurement. Identify materials
or services that may have a long lead time and could impact to the project.
2. Review construction bid documents and provide written comments to the City for
incorporation into the bid documents by addendum if necessary.
3. Work with the City to develop strategies to generate market interest in the Project.
4. Take the lead in managing the bid process including receiving bidder’s questions, distributing
information to the Owner and their consultants, issuing bid addendums, analyzing bids and
ultimately make a recommendation of award to the City Project Manager. Provide
documentation and substantiation to allow staff to gain Council approval of award.
5. Take the lead in managing the Section 404, and Section 401 permits, as required by the
DCEIR and state and local agencies and acquiring and managing the RWQCB as required by
the DCEIR and state and local agencies.
6. Maintain an electronic project management filing system on the City’s network using the
Microsoft Office Suite.
7. Work with and provide project specific construction recommendations to the design team.
Review and provide comment on the construction logistics plans produced by the design
team.
Services During Construction:
The Construction Manager will represent the City during construction of the project. The
Construction Manager will perform the following specific services:
1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper
communication and progress of the project. Act as liaison to the City through the City’s
Project Manager.
2. Schedule, direct, and supervise the Project Inspector.
3. Coordinate all required testing services and review testing reports and materials testing
personal.
4. Provide on-site coordination to assure that the project meets the Plans and Specifications
and stays on budget and schedule.
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5. Review, evaluate, and furnish recommendations to the City regarding contractor’s
performance, construction schedule and any other matters related to compliance with the
contract.
6. Provide a daily log of events and activities to secure the City’s interests and monitor work
accomplished in accordance with the contract.
7. Review, track, and assist in the preparation of responses to Contractor RFI’s.
8. Review, track, and assist in the review of Contractor submittals.
9. Review and track certificates of compliance and product submittals for conformance to the
project Special Provisions and/or Caltrans Standard Specifications and Plans.
10. Provide a weekly and monthly update outlining project status, schedule, submittals, RFI’s,
and change order issues. Include pertinent photos or supporting documents. The report
should include an analysis of any potential delays and their actual relevance. The report
should be suitably formatted to share with the City Manager’s Office.
11. Review and furnish contract correspondence, minutes of meetings and directives to be
issued to secure the interests of the City.
12. Review and make recommendations regarding payments to contractor including Change
Orders, when applicable, and recommendations regarding any proposed changes. Prepare
and provide cost analysis where necessary to verify change order costs generated by the
Contractor are reasonable and correct in scope.
13. Attend all construction-related site meetings with the City’s representatives, contractors, and
other meetings between related parties as required. Maintain separate notes on such
meetings. Assume a minimum of one (1) meeting at the project site each week for the
duration of the project within your base proposal.
14. Verify that the Contractor complies with the requirement of the State of California Notice of
Intent (NOI) requirements.
15. Assist with providing any information to the City Departments, as required.
16. Oversee the general contractor and subcontractor’s scope of work to ensure the General
Contractor is providing proper site supervision and coordination for the execution of the
project work.
17. Identify potential claims and make recommendations to resolve them.
18. Upon completion of the project work, provide a punch list review and recommendation of
Project Acceptance.
19. Upon completion of the project work, review all the Contractor’s final submittals to ensure
their compliance with final project close-out requirements.
20. Prepare documents for the periodic reporting of grant funds and billings.
The Project Inspector will represent the City during construction and report to the Construction
Manager. The Project Manager will perform the following specific services:
1. Provide on-site inspection to assure that the project is constructed in compliance with the
Plans and Specifications. (assume minimum of 40 hours per week for this task)
2. Provide inspectors daily report of events, manpower, and activities so as to secure the City’s
interests and monitor work accomplished in accordance with the contract. Daily progress
pictures shall be incorporated into the report.
3. Take digital photographs and digital video tape recordings of the construction progress on a
regular basis, including pre-construction conditions within the project limits
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4. Collect material tags and verify materials on site meet project specifications and project
submittals.
5. Issue Weekly Statement of working Days.
6. Maintain a redline set of as-built plans and specifications.
7. Track and field-verify quantities of actual improvements installed by the Contractor and
maintain a quantity bid sheet for each bid item of work.
8. Assists the Construction Manager in review and recommendation of progress payments.
9. Track and document Time and Materials work issued to the Contractor.
10. Working with the Construction Manager and other agencies and permit holders to issue a
project punch-list.
Material testing and Special Inspection:
1. Sub-grade and base compaction, gradation, and compaction curve.
2. Portland cement concrete strength and slump.
3. Asphalt concrete compaction, gradation, compaction curve, asphalt content.
4. Rebar inspection.
5. Welding and shop fabrications of steel components not covered by the bridge manufactures
Quality Assurance Program. (as required under City authorized source inspection option)
6. Bridge footing piles.
7. High strength bolting.
8. Any other items designated by the Engineer of Record requiring full time observation.
Post-Construction Services
1. Provide marked up construction record drawings (as-built drawings) for designer
completion.
2. Coordinate and prepare final progress payment.
3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by Alameda CTC, BART, and
resolve all contractor claims, if any.
4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documents over to the City of Dublin.
Resources
Office Space – The City of Dublin will provide office space for the Construction Manager at a City
facility that will include the following: desk, computer terminal, desk phone, and shared printer and
copier. The project inspector could use the facilities provided to the Construction Manager if the
Construction Manager would allow, but separate amenities will not be provided for the inspector or
materials tester.
Consultant Provided Equipment – Consultant shall provide all other necessary equipment,
vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete
the project.
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ID Task Name Duration1Structural Steel Submittal42 days2Startup Submittals20 days3Mobilization5 days4Demolition5 days5Roadway Excavation4 days6Fine Grade2 days7Class 2 AB2 days8AC4 days9Retaining Wall 145 days10CIDH Piles15 days11Bridge Footings10 days12Bridge Pier Wall15 days13Columns7 days14Approach Deck10 days15CIDH Piles15 days16Bridge Footings10 days17Bridge Pier Wall15 days18Columns7 days19Approach Deck10 days20Retaining Wall 245 days21Retaining Wall 360 days22Design/Fabricate Truss120 days23Deliver and prep bridge45 days24Set Bridge, Place Deck15 days25Finish Work40 days20 daysStartup Submittals5 daysMobilization5 daysDemolition4 daysRoadway Excavation2 daysFine Grade2 daysClass 2 AB4 daysAC45 daysRetaining Wall 115 daysCIDH Piles10 daysBridge Footings15 daysBridge Pier Wall7 daysColumns10 daysApproach Deck15 daysCIDH Piles10 daysBridge Footings15 daysBridge Pier Wall7 daysColumns10 daysApproach Deck45 daysRetaining Wall 260 daysRetaining Wall 35/306/66/136/206/277/47/117/187/258/18/88/158/228/299/59/129/199/2610/310/1010/1710/2410/3111/711/1411/2111/2812/512/1212/1912/261/21/91/161/231/302/62/132/202/273/63/133/203/274/34/104/174/245/15/85/155/225/296/56/126/196/267/37/107/177/247/318/78/14JuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustTaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineCriticalCritical SplitProgressManual ProgressPage 1Project: Dublin Bid Schedule 02Date: Mon 2/1/2164
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
See attached Compensation Schedule & Reimbursable Expenses
65
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Pre-Construction 28,952.00$
Constructability Review
Advert, Bid, Award
Construction 566,930.00$
Submittals
On-Site Construction
Project Closeout 36,000.00$
Role Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Construction Manager 40 20 20 80 232.00 18,560.00$
Contract Manager/Technical Support 16 16 232.00 3,712.00$
Construction Inspector 40 40 167.00 6,680.00$
0 0 96 20 20 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 136 28,952.00$
Construction Manager 40 80 160 160 160 40 40 40 40 40 80 80 80 1040 232.00 241,280.00$
Construction Inspector 80 170 170 170 170 170 170 170 170 170 170 170 1950 167.00 325,650.00$
0 0 0 0 0 40 160 330 330 330 210 210 210 210 210 250 250 250 0 0 0 0 0 0 2990 566,930.00$
Construction Manager 40 40 232.00 9,280.00$
Construction Inspector 80 40 40 160 167.00 26,720.00$
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 40 40 0 0 0 200 36,000.00$
0 0 96 20 20 40 160 330 330 330 210 210 210 210 210 250 250 250 120 40 40 0 0 0 3326 631,882.00$
Total Labor $631,882.00
$631,882.00
24,462.14$
24,462.14$
Materials Testing/Special Inspection 85,394.00$
Source Inspection 36,602.00$
CIDH Pile Testing 8,240.00$
130,236.00$
Sub Consultant & Direct Expense Mark-Up $7,734.91
$794,315.05
STAFF AUTHORIZED OPTION (Steel Bridge / Welding Source Inspection)
Source Inspection 147,879.00$
147,879.00$
Sub Consultant & Direct Expense Mark-Up $7,805.95
$155,684.95
CONTRACT TOTAL, Base Contract + Staff Authorized Option $950,000.00
Notes:
1. Assumes 170 hours per month based upon 8 hour working days with no overtime. Inspector overtime (if any) will be billed at 1.5X
2. Based upon a construction NTP of July 2021 and a construction contract duration of 240 working days
3. Steel bridge will be a prefabricated "off the shelf" bridge
4. Steel bridge submittal and Welding Quality Control Plan (WQCP) will be approved within 40 working days of NTP and fabrication completed within 120 working days after submittal approval.
5. Prevailing Wage (PW) rates subject to PW adjustments.
6. Direct costs and subconsultants to be billed at cost plus 5%
Source Inspection / Welding / Steel Bridge Assumptions:
7. AWS D1.1 welding standards will be used
8. Assumes no fracture critical welding under AWS D1.5 will be required
9. Bolted connections will be used for vertical splices for top section of arch bridge
10. Assumes out-of-state source inspection can be completed for steel bridge fabrication in 63 working days within the 120 working day fabrication duration and minimal non-conformance issues.
11. Assumes 1 trip to out-of-state fabricator to witness Procedure Qualification Records (PQRs) for 1 week. Also assumes pre-fabrication meetings will be held via teleconference.
12. Source Inspection of "Other Materials" assumes 1 trip out-of-state for each item listed (i.e. anchor bolts, hoops, etc.)
13. Prefabricated steel truss manufacturer must hold AISC shop certification per SSP 55-2.01D(2)(b). The AISC shop certification includes quality control and certification requirements.
PHASE
Project Schedule
2021 2022
TOTAL COST 2021 2022 TOTAL
HOURS
STAFF AUTHORIZED OPTION TOTAL
Tom Loomis, P.E.
HOURLY
RATE
Construction Administration, Inspection, and Material TestingIron Horse Trail Bridge at Dublin Boulevard
City of Dublin
PHASE
Chris McDermott, P. E.
Chris McDermott, P. E.
CONSTRUCTION MANAGEMENT SUB-TOTAL
PRE-CONSTRUCTION SUB-TOTAL
CONSTRUCTION
Staff
PRE-CONSTRUCTION
Tom Loomis, P.E.
Thomas Fresquez, P. E.
Chris McDermott, P. E.
Tom Loomis, P.E.
PROJECT CLOSEOUT
DIRECT EXPENSES SUB-TOTAL
Miscellaneous
PROJECT CLOSEOUT SUB-TOTAL
TOTAL
MNS TOTAL COST
SUB CONSULTANTS SUB-TOTAL
BASE CONTRACT TOTAL
Alta Vista Solutions
ABE
SUB CONSULTANTS SUB-TOTAL
BSK
Materials Subconsutants
Alta Vista Solutions
Direct Expenses
66
100.00% 0.00%0.00% 0.00%0.00% 0.00%0.00% 0.00%1.0000Materials EngineerAssistant Materials EngineerASNT Level III InspectorASNT Level II Senior InspectorASNT Level II InspectorAWS Certified Welding Inspector (CWI)NACE Level III Coating InspectorPre-Cast Concrete (PCI) Level II InspectorTechnical ExpertsDirect Expenses ($)HoursEscalated Direct Labor or NBR $TOTAL COSTTask #Billing Rate $145.00 $122.00 $195.00 $145.00 $130.00 $125.00 $150.00 $125.00 $300.00 $1Prepare a Quality Management Plan (QMP)080000000089769761.1 Generation of QMP for approval88 976 9762 Submittal Reviews00816008000325080 50802.1 Shop Drawings0088 1560 15602.2 Welding Quality Control Plan (Shop and Field)0001616 2320 23202.3 Paint Quality Control Plan0 0 8 8 1200 12002.4 Concrete Mix Designs000 03 Pre-Fabrication Meetings and PQR Witnessing000000000000 04Source Inspection of Structural Steel Fabrication 000000000000 05Source Inspection of Other Materials10 20 0 0 0 80 0 0 0 14,704 110 13890 285945.1 High Strength Bolts2 4 16 22 2778 27785.2 Anchor Bolts2 4 16 22 2778 27785.3 Welded Hoops2 4 16 22 2778 27785.4 Prestressed Strands2 4 16 22 2778 27785.5 Elastomeric Bearing Pads2 4 16 22 2778 27785.6 Travel - Air1,400 0 0 14005.7 Travel - Lodging1,540 0 0 15405.8 Travel - Per Diem644 0 0 6445.9 Travel - Rental Car1,120 0 0 11205.10 Lab Testing10,000 0 0 100006Project Closeout01600000000161952 19526.1 Project Closeout1616 1952 19527 Structural Backfill000000000000 08 Structural Concrete000000000000 0BASE CONTRACT TOTAL 10 44 8 16 0 80 8 0 0 $14,704 166 $21,898$36,602Subconsultant : Alta Vista Solutions Estimated Base Contract CostCLASSIFICATIONS CALCULATION SECTIONNON-CONTINGENCY TASKS/DELIVERABLESAlta Vista Solutions - Base ContractPROJECT NAME: Iron Horse Bridge at Dublin Blvd. CIP No. ST0118BASE CONTRACT% of budget in CY+2 Negotiated Profit Rate% of budget in CY+3 Annual Escalation RateAnnualization FactorMULTIPLIERS% of budget in Current Year (CY) Accepted Overhead Rate% of budget in CY+1 Fringe RateThese values will be zero if a firm uses Negotiated Billing Rates (NBRs); otherwise, use applicable Overhead and Fringe rates. Escalation not applicable to
67
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70
100.00% 0.00%0.00% 0.00%0.00% 0.00%0.00% 0.00%1.0000Materials EngineerAssistant Materials EngineerASNT Level III InspectorASNT Level II Senior InspectorASNT Level II InspectorAWS Certified Welding Inspector (CWI)NACE Level III Coating InspectorPre-Cast Concrete (PCI) Level II InspectorTechnical ExpertsDirect Expenses ($)HoursEscalated Direct Labor or NBR $TOTAL COSTTask #Billing Rate $145.00 $122.00 $195.00 $145.00 $130.00 $125.00 $150.00 $125.00 $300.00 $1Prepare a Quality Management Plan (QMP)000000000000 02 Submittal Reviews000000000000 03 Pre-Fabrication Meetings and PQR Witnessing0 12 0 4 0 40 0 0 0 4,680 56 7044 117243.1 Pre-Fabrication Meeting08 412 1556 15563.2 PQR Witnessing0 4 40 44 5488 54883.3 Travel - Air1,400 0 0 14003.4 Travel - Lodging550 0 0 5503.5 Travel - Per Diem230 0 0 2303.6 Lab Testing2,500 0 0 25004Source Inspection of Structural Steel Fabrication 33 126 56 544 0 0 0 0 0 26,198 759 109957 1361554.1 Inspection of the Fabricated Steel Truss Bridge 33 126 56 544759 109957 1099574.2 Travel - Air8,400 0 0 84004.3 Travel - Lodging9,900 0 0 99004.4 Travel - Per Diem2,898 0 0 28984.5 Lab Testing5,000 0 0 50005Source Inspection of Other Materials 000000000000 06Project Closeout000000000000 07 Structural Backfill000000000000 08 Structural Concrete000000000000 0STAFF AUTHORIZED OPTION TOTAL 33 138 56 548 0 40 0 0 0 $30,878 815 $117,001$147,879MULTIPLIERS% of budget in Current Year (CY) Accepted Overhead Rate% of budget in CY+1 Fringe Rate% of budget in CY+2 Negotiated Profit Rate% of budget in CY+3 Annual Escalation RateAnnualization FactorNON-CONTINGENCY TASKS/DELIVERABLESAlta Vista Solutions - Staff Authorized Option CostPROJECT NAME: Iron Horse Bridge at Dublin Blvd. CIP No. ST0118STAFF AUTHORIZED OPTIONSubconsultant : Alta Vista Solutions Estimated Staff Authorized Option CostCLASSIFICATIONS CALCULATION SECTIONThese values will be zero if a firm uses Negotiated Billing Rates (NBRs); otherwise, use applicable Overhead and Fringe rates. Escalation not applicable to
71
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit C – Page 1 of 1
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
72
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit D – Page 1 of 3
EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker engaged in the performance of
the services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
73
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit D – Page 2 of 3
prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor’s certified payroll
records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer’s employees on the public works
project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be submitted directly to the Labor Commission, and available for inspection by the
Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
74
Consulting Services Agreement between City of Dublin and Last Revised [03/02/2021]
MNS Engineering, Inc. for Iron Horse Bridge at Dublin Boulevard Exhibit D – Page 3 of 3
Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non-manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
3070368.1
75
CITY OF DUBLIN
REQUEST FOR PROPOSAL – CIP No. ST0118
- i -
REQUEST FOR PROPOSAL
Issued by the
City of Dublin
for
Construction Administration, Inspection, and Material
Testing
for
Iron Horse Trail Bridge at Dublin Boulevard
CIP No. ST0118
PROPOSAL DUE DATE:
Thursday, October 8, 2020 at 5:00 p.m. (Pacific Time)
at the offices of the
City of Dublin
Public Works Department
100 Civic Plaza
Dublin, CA 94568
Project Funding Partners
Attachment 3
76
CITY OF DUBLIN
REQUEST FOR PROPOSAL – CIP No. ST0118
- ii -
*See Table 1 for more information on proposal selection and process dates
TABLE OF CONTENTS
PAGE
INTRODUCTION 1
SECTION I 3
1. General Conditions 3
2. Contract Requirements 7
3. Local Business Contract Equity Program 8
SECTION II 9
1. RFP Information 9
2. Proposal Format 11
3. Proposal Evaluation/Criteria 15
APPENDICES 17
A. Required Scope of Work, Deliverables, and Staffing 18
B. Project Report, Maps and Diagrams 22
C. City of Dublin Sample Professional Services Contract 23
D. Exceptions to the City of Dublin Sample Professional Services Contract Form 43
E. Levine Act Statement 44
F. Public Contract Code 45
G. City of Dublin Cost Proposal Attachment Requirements 47
77
CITY OF DUBLIN
REQUEST FOR PROPOSAL – CIP No. ST0118
- 1 -
INTRODUCTION
The City of Dublin is seeking the professional services of a qualified Construction Management and
Inspection firm to provide construction administration, bid support, inspection, and material testing
services for the Iron Horse Trail Bridge at Dublin Boulevard Project located in the City of Dublin at
the Dublin Boulevard and Scarlett Drive intersection.
The City intends to select the most qualified firm to provide pre-bid constructability review, bid
support, construction management, inspection, and materials testing services for the duration of the
Iron Horse Trail Bridge at Dublin Boulevard Project. The selected firm’s services will be negotiated
and have a budget and specific work of scope that will be performed on a “Time and Material” basis.
Travel time, mileage, vehicles, meals, etc. will not be allowed and should be incorporated into your
hourly rates and tests provided. The hourly rates and material testing rates shall be good for the
duration of the project, and no cost escalation will be permitted.
Consultants are advised that this agreement is considered “public work” for purposes of the California
Labor Code, which requires payment of prevailing wages. The Agency has obtained from the Director
of Department of Industrial Relations the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work. These rates will be on file at the Owner’s office at 100
Civic Plaza, Dublin, CA 94568 or online at http://www.dir.ca.gov/OPRL/PWD/index.htm and they
will be made available to any interested party upon request. The Consultant with whom an Agreement
is entered must pay the prevailing rates, post copies thereof at the job site, provide copies of certified
payrolls upon request, and otherwise comply with the applicable provisions of State law. The
Consultant is subject to prevailing wage rate compliance monitoring and enforcement by the
California Department of Industrial Relations.
The Consultant or Subcontractor(s) shall not be qualified to submit a response to this RFP, subject to
the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any
contract for public work, as defined in this chapter, unless currently registered and qualified to perform
public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered
consultant to submit a proposal that is authorized by Section 7029.1 of the Business and Professions
Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the consultant is
registered to perform Public Work pursuant to Section 1725.5 at the time the contract is awarded.
This project will construct a Class 1 bicycle and pedestrian truss arch bridge over Dublin Boulevard
near the intersection of Scarlett Drive. The bridge will provide safer and easier access to Iron Horse
Trail, including access to and from the Dublin-Pleasanton BART station, and will connect two existing
segments of the Iron Horse Trail, creating a total separation of bicyclists and pedestrians from
motorized vehicles. Construction work will generally consist of miscellaneous clearing and demolition,
cast-in-place footing construction, retaining wall installation, walkways, bridge fabrication and
erection, ADA ramp and steel railing installation, signage, trail lighting installation, paving and any
associated restorations of the site.
The project’s current engineer’s estimate is between $8 and $9 million with an estimated project
construction duration of 300 calendar days. Project working hours are anticipated to be Monday
78
CITY OF DUBLIN
REQUEST FOR PROPOSAL – CIP No. ST0118
- 2 -
through Friday with standard allowable working hours (approximately 7:00 AM to 6:00 PM). Special
construction conditions may require Saturday, Sunday, and night work.
The project is currently funded with Measure B & BB Alameda County Sales Tax,
TFCA/Transportation for Clean Air grant, SB-1, Gas Tax, Safe Routes to BART SR2B grant, and
local funds.
The PS&E package is currently at approximately 95% completion and the documents will be ready
for constructability and bid process review once a construction schedule can be determined. The City
and its design consultant are currently finalizing the license agreement for construction work on
Alameda County land.
The Dublin Crossing Specific Plan Environmental Impact Report (DCEIR) Initial
Study/Supplemental Mitigated Negative Declaration (IS/SMND) was approved by the City Council
on April 7, 2020. Per the SMND, the DCEIR adequately addresses the potential environmental
impacts for the project. However, the project must adhere to the requirements of the DCEIR. Refer
to Appendix B for related documents
Construction permits are required prior to the start of construction activities. Per the DCEIR and
IS/SMND, wetlands south of Dublin Boulevard were identified to be impacted by this project. As a
result, Regional Water Quality Control Board, Section 401, Section 404, and any other permits noted
in the DCEIR may be needed. Other construction related permits, such as a building or encroachment
permit, will need to be acquired prior to the start construction work.
The City anticipates putting the project out to bid in the first part of 2021 with an award within 60
days of bid opening. The Contractor would then have 30 Calendar days from Notice of Award to start
work.
The project team that is being proposed for in this RFP MUST be available to be committed to this
project based on the project time frame outlined above.
To be considered responsive to this RFP, your firm MUST be able to provide all services described
in this RFP.
The Consultant Team providing Design Services to the City of Dublin for this Project are not eligible
to participate in the Construction Administration, Inspection, and Material Testing of the Project.
79
CITY OF DUBLIN
REQUEST FOR PROPOSAL – CIP No. ST0118
- 3 -
SECTION I
1. GENERAL CONDITIONS
A. Award
Any award will be to the Proposer whose proposal is most advantageous to City of Dublin based
on the proposal evaluation outlined in Section II.3 (Proposal Evaluation/Criteria).
B. Cooperation
After the contract award, the selected consultant shall carry out the instructions as received from
the City of Dublin and shall cooperate with City of Dublin staff and other agencies involved with
the project.
C. Examination of Proposal Documents
By submitting a proposal, the proposer represents that it has thoroughly examined and become
familiar with the work required under this RFP, and that it is capable of performing the work
identified in Appendix A (Required Scope of Work, Deliverables, and Staffing).
D. Contract Exceptions
Proposers shall be prepared to accept the terms and conditions of a standard form contract
included as Appendix C (City of Dublin Sample Professional Services Contract) hereto. Note that
the Sample Professional Services Contract is subject to modification at any time prior to execution
of the final contract. If a Proposer desires to take exception to the Contract, the Proposer shall
provide the following information as a section of the Proposal identified as Appendix D
(Exceptions to the City of Dublin Sample Professional Services Contract Form):
1. Proposer shall clearly identify each proposed change to the Contract, including all relevant
Exhibits and Attachments.
2. Proposer shall furnish the reasons therefore as well as specific recommendations for
alternative language.
Only exceptions that are included in the submitted proposals will be considered. No additional
exceptions after proposal submissions will be considered during contract negotiations. Substantial
exceptions to the contract may be determined by the City of Dublin, at its sole discretion, to be
unacceptable and the City of Dublin will proceed with negotiations with the next highest ranked
firm. See Section II.3.F (Award).
E. Governing Law
This RFP summarizes the applicable laws and governance; when in conflict applicable
State/Federal guidelines shall apply. The contract and legal relations between the parties hereto
shall be governed and construed in accordance with the laws of the State of California.
80
CITY OF DUBLIN
REQUEST FOR PROPOSAL – CIP No. ST0118
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F. Levine Act – Government Code Section 84308
As part of the Fair Political Practices Act that applies to elected officials who serve on appointed
bodies such as the Dublin City Council, the Levine Act prohibits any City of Dublin Council
Members, Commissioners, or Alternates who have received more than $250 within the previous
twelve months from an applicant from participating in or influencing the decision on awarding a
contract with the City of Dublin. The Levine Act also requires a Council Member, Commissioner
or Alternate who has received such a contribution to disclose the contribution on the record of
the proceeding. In addition, Council Members or Commissioners are prohibited from soliciting
or accepting a contribution from a party applying for a contract while the matter of awarding the
contract is pending before the City of Dublin or for three months following the date of a final
decision concerning the contract.
Applicants must disclose on the record any contribution of more than $250 which they have made
to any City of Dublin Councilmember within the twelve-month period preceding submission of
their proposal. This duty applies to your company, any member of your team, any agents for you
or other team members and to the major shareholders of any closed corporation, which is part of
your team.
If you have made a contribution that needs to be disclosed, you must provide a written notice of
date, amount and receipt of the contribution(s) in writing to the City of Dublin, City Manager,
Linda Smith. This information must be included in Appendix E (Levine Act Statement) in the
submitted Proposal.
G. Limitations
This RFP does not commit the City of Dublin to award a contract or to pay any costs incurred in
the preparation of a proposal in response to this RFP, or to procure or contract for services. The
City of Dublin reserves the right to award contracts to one or more proposers pursuant to this
RFP. The City of Dublin also reserves the right to transfer certain services covered by this RFP
in-house, to be performed by staff.
H. Public Records
The RFP and any material submitted by a Proposer in response to this RFP are subject to public
inspection under the California Public Records Act (Government Code 6250 et seq.) unless
exempt by law. The proposal will remain confidential until the contract has been awarded. Any
language purporting to render the entire proposal or the cost proposal confidential or proprietary
will be regarded as ineffective and will be deemed non-responsive.
I. Rights of City of Dublin
This RFP does not commit City of Dublin to enter into a contract, nor does it obligate City of
Dublin to pay for any costs incurred in preparation and submission of the proposal or in
anticipation of a contract.
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The City of Dublin may investigate the qualifications of any Proposer under consideration, require
confirmation of information furnished by the Proposer, and require additional evidence or
qualifications to perform the Work described in this RFP.
City of Dublin reserves the right to do each of the following, in any manner necessary to serve the
best interests of City of Dublin and the citizens of Dublin:
1. Reject any or all proposal submittals
2. Issue one or more subsequent RFQ’s and/or RFP’s
3. Postpone opening for its own convenience
4. Remedy technical errors in the RFP process
5. Negotiate with any, all, or none of the Proposers responding to this RFP
6. Waive informalities and irregularities in any proposal
J. Withdrawal of Proposal Submittal
A Proposer may withdraw its proposal at any time before the expiration of the time for submission
of proposal submittals as provided in this RFP by delivering to the Sole Point of Contact as
identified in Section II, Paragraph 1.C (Sole Point of Contact), a written request for withdrawal
signed by, or on behalf of, the Proposer’s binding official as identified in the “Letter of
Transmittal” included within the Proposal.
K. Work Scope Modifications
The City of Dublin reserves the right to request changes to the staffing and/or scope of work
contained in any of the proposals and to enter negotiations with any of the proposers regarding
their submittal.
L. Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of
Dublin, or of a public body within Alameda County or member or delegate to the Congress of the
United States, during his/her tenure or for one year thereafter, shall have any direct interest in the
contracts or any direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of
Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following:
East Bay Regional Parks District, and the County of Alameda, and a brief description of work for
these clients. Identify any other clients that would post a potential conflict of interest as well as a
brief description of work you provide to these clients. This list must include all potential conflicts
of interest within the year prior to the release of this RFP as well as current and future
commitments to other projects.
Key Team Members 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.
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M. Bid Protest Procedure
A proposer who submits, or who plans to submit, a proposal, may protest pursuant to the protest
procedures applicable to this RFP as follows:
1. Protests based on the content of the RFP shall be filed with the City of Dublin within five (5)
calendar days after the RFP is first formally advertised. The City of Dublin shall issue a written
decision on the protest prior to opening the proposals.
2. Any proposer may protest the recommended award and/or contract award by filing a protest
with the City of Dublin within (5) calendar days after the determination of the top-ranked firm
and/or contract award has been made available to the proposers.
3. Any protest shall contain a full and complete written statement specifying in detail the grounds
of the protest and the facts supporting the protest. Protesters shall have an opportunity to
appear and be heard before the Public Works Director prior to the opening of proposals in
the case of protests based on the content of the request for proposals, or before the City
Manager after determination of top-ranked firm has been made available to the proposers in
the case of protests based on other grounds or the renewal of protests based on the content
of the request for proposals.
4. If a bid protest is properly filed, City of Dublin staff (potentially including consultants to City
of Dublin) will promptly initiate an investigation of the grounds of the bid protest. All
proposers shall cooperate with any inquiries from City of Dublin staff and consultants relating
to the bid protest.
5. At the conclusion of their investigation, City of Dublin staff shall submit a report (the Staff
Report), including a recommendation regarding the disposition of the bid protest, to the City
Council, as appropriate, shall take final action on the bid protest.
N. Pre-Award/Post-Award Audit
The City of Dublin reserves the right to perform pre-award and/or post-award audits.
O. Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry,
physical handicap, medical condition, or marital status either discriminate or permit discrimination
against any employee or applicant for employment in any manner prohibited by Federal, State or
local laws. In the event of Proposer non-compliance, the City of Dublin may cancel, terminate or
suspend the Contract in whole or in part. Proposer may also be declared ineligible for further
contracts with the City of Dublin.
Proposer and its subconsultants shall take affirmative action to ensure that applicants are
employed, and that employees are treated during their employment, without regard to their race,
religion, color, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Proposer and its subconsultants shall post in conspicuous places, available to all
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employees and applicants for employment, a notice setting forth the following provisions [29
U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C.
§ 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].
P. Subconsultants
1. Nothing contained in this RFP and the resulting Contract or otherwise, shall create any
contractual relation between the City of Dublin and any subconsultants, and no subcontract
shall relieve the Proposer of his/her responsibilities and obligations hereunder. The Proposer
agrees to be as fully responsible to the City of Dublin for the acts and omissions of its
subconsultants and of persons either directly or indirectly employed by any of them as it is for
the acts and omissions of persons directly employed by the Proposer. The Proposer's
obligation to pay its subconsultants is an independent obligation from the City of Dublin’s
obligation to make payments to the Proposer.
2. Any subcontract in excess of $25,000, entered into as a result of this RFP, shall contain all the
provisions stipulated in this RFP and resulting contract to be applicable to subconsultants.
3. Proposer shall pay its subconsultants within ten (10) calendar days from receipt of each
payment made to the Proposer by the City of Dublin.
4. Any substitution of subconsultants must be approved in writing by the City of Dublin’s Project
Manager in advance of assigning work to a substitute subconsultant.
Q. Identification of Documents
All reports and other documents completed as part of the resulting Contract shall recognize the
appropriate participating funds. Specific details will be provided to the successful bidder.
R. Public Contract Code
In accordance with Public Contract Code Section 10162, the Proposer shall complete a Public
Contract Code Statement and Questionnaire. See Appendix F (Public Contract Code).
2. CONTRACT REQUIREMENTS
The selected proposer will be required to sign City of Dublin’s standard professional services contract,
Appendix C (City of Dublin Sample Professional Services Contract). City of Dublin reserves the right
to substitute and/or modify the City of Dublin Sample Professional Services Contract prior to
contract execution with acceptance by both parties.
A. Invoicing Requirements
The selected proposer will be required to submit invoice forms as specified in the City of Dublin’s
standard professional services contract including any revisions.
B. Insurance Requirements
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The selected proposer will be required to maintain insurance coverage, during the term of the
contract, at the levels described in the Sample Professional Service Contract. See Appendix C
The selected proposer will be required to list Alameda CTC, Bay Area Rapid Transit, and East Bay
Regional Parks as additional insured.
3. LOCAL BUSINESS CONTRACT EQUITY PROGRAM
The resulting contract is not subject to the Alameda County Transportation Commission’s (Alameda
CTC) Local Business Contract Equity Program but is encouraged. The Program’s goals for
professional services are 70% for LBE and 30% for SLBE. Further detail regarding this program,
including requirements and forms can be found on the Alameda CTC website at
www.alamedactc.org/app_pages/view/4543. It is the responsibility of qualified firms to ensure that
they are appropriately certified by Alameda CTC on a timely basis. All firms used towards meeting an
LBE and/or SLBE goal must be certified by the time of proposal submission. Applications for LBE
and/or SLBE certification will not be accepted with the proposal.
Lists of all currently certified LBE/SLBE/VSLBE firms are available via the website listed above or
can be obtained from the Commission, as listed below. To receive a digital copy of the
LBE/SLBE/VSLBE certification forms in PDF Format, contact Alameda CTC at the address shown
below or go to the Alameda CTC website. The prime contractor will be required to report
LBE/SLBE/VSLBE utilization with each invoice for payment.
Alameda CTC’s Contract Equity Consultant is available to assist firms in meeting the local and small
local business goals. Alameda CTC’s Contract Equity Consultant is:
Alameda CTC
1111 Broadway, Suite 800
Oakland, CA 94607
Contact Person:
Telephone:
Email:
E.W. Cheng
(510) 208-7472
echeng@alamedactc.org
All questions regarding certification should be directed to Alameda CTC’s Contract Equity
Consultant. Certification applications should be submitted to Alameda CTC’s Contract Equity
Consultant at the above address.
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SECTION II
1. RFP INFORMATION
A. Scope of Work
1. Scope of Work, Deliverables, and Staffing – The work to be performed under contract
based on this RFP is described in the Scope of Work attached hereto as Appendix A
(Required Scope of Work, Deliverables, and Staffing) and hereby incorporated herein.
2. Period of Performance – The period of performance is anticipated to be from
commencement of constructability review through project closeout.
3. Type of Payment – The type of payment is anticipated to be based on a time and materials
model but is subject to the terms and conditions established as a result of negotiations.
4. Minimum Required Experience and Certifications –
• Construction Manager – This position requires the following:
o nine years minimum experience managing civil construction projects.
o worked in a similar capacity for a governmental organization on at least three
projects with a construction cost greater than $3million.
o worked in a similar capacity on at least one project of similar size and estimated
construction cost.
• Project Inspector – This position requires the following:
o six years minimum experience inspecting civil streets and road construction
projects.
o worked in a similar capacity for a governmental organization on at least three
projects with a construction cost greater than $1million.
• Materials/Special Inspector – This position requires the following:
o three years minimum experience inspecting materials like those anticipated for
project.
o training/certification(s) to perform the requested inspection or test per the
requirements of the project plans and specification.
Note, this position doesn’t have to be filled with the same personal for the
duration of the project.
• Laboratory Facilities – The following are required accreditations/certifications:
o Ratings by AMRL and CCRL.
o Caltrans certified to provide material testing for Federal Aid Projects.
The Proposer and the City of Dublin recognize the importance of the need to maintain the
Proposer’s key personnel throughout the entire duration of this project. Proposer shall not
make any changes to the assigned personnel listed above without the City’s written approval.
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5. Office Space – The City of Dublin will provide office space for the Construction Manager at
a City facility that will include the following: desk, computer terminal, desk phone, and shared
printer and copier. The project inspector could use the facilities provided to the Construction
Manager if the Construction Manager would allow, but separate amenities will not be provided
for the inspector or materials tester.
6. Proposers Provided Equipment – The proposer shall provide all other necessary
equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to
successfully complete the project.
B. Project Reference Documents (Reports, Maps, Diagrams, Etc.)
Refer to Appendix B for related documents.
C. Sole Point of Contact
The sole point of contact for all purposes of this procurement shall be Mr. Michael Boitnott,
Capital Improvement Program Manager. Email inquiries, where permissible under the terms of
this RFP, shall be directed to michael.boitnott@dublin.ca.gov.
Contact Person:
Mr. Michael Boitnott, P.E.
City of Dublin
Public Works Department
100 Civic Plaza
Dublin, CA 94568
Email: michael.boitnott@dublin.ca.gov
D. Addenda/Clarifications
Explanations or clarifications desired by respondents regarding the meaning or interpretation of
the RFP may be directed by email to Mr. Michael Boitnott, at michael.boitnott@dublin.ca.gov no
later than 3:00 p.m. on the due date noted in Table 1 for Questions. Responses to all questions
submitted by the deadline that may have a material impact on the proposal.
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E. RFP Schedule
TABLE 1
Activity Date/Time
Issue Date September 16, 2020
Questions: Deadline to submit questions to City of Dublin. All
questions must be directed by email to Mr. Michael Boitnott at
Michael.Boitnott@dublin.ca.gov with subject reference to “Questions
– Iron Horse Trail Bridge RFP CIP No. ST0118”
September 28, 2020
3:00 p.m. (Pacific Time)
Proposal Due Date: Submissions must be made to City of Dublin in
a sealed envelope marked with “Iron Horse Trail Bridge RFP CIP No.
ST0118” and delivered to the City of Dublin offices at 100 Civic Plaza,
Dublin, CA 94568, Attention: Michael Boitnott.
CITY OF DUBLIN WILL NOT ACCEPT LATE SUBMISSIONS
October 8, 2020
5:00 p.m. (Pacific Time)
Proposal Review: City of Dublin reviews proposals and develops
short list of firms to interview (if applicable/required).
Anticipated
October 23, 2020
Interviews & Final Evaluation and Determination of Top-Ranked
Firm (Proposed consultant team shall be present at the interview)
Anticipated
Week of November 1,
2020
Complete Negotiations November 20, 2020 or
thereafter
Contract Award Request to Council for Approval December 1, 2020 or
thereafter
Contract Commencement December 2020 or
thereafter
2. PROPOSAL FORMAT
A. General Instructions
The proposal shall be bound with tabs identifying each section. Two (2) complete hard copies of
the proposal and one pdf copy on USB drive must be furnished. Failure to comply with these
requirements may be cause for a firm’s proposal to be considered non-responsive; and rejected.
At the interview and final evaluation a separate sealed cost proposal must be submitted in a sealed
envelope or container stating on the outside the proposer’s name, address, telephone number,
RFP title, number and proposal due date and delivered to:
Mr. Michael Boitnott
Public Works Department
City of Dublin
100 Civic Plaza
Dublin, CA 94568
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Proposals must be typed with a minimum 12-point font and submitted on 8½” x 11” paper with
at least 1” margins, using a single method of fastening. When appropriate, double-sided printing
is encouraged. Proposals shall not exceed 16 pages (8 if double-sided), excluding proposal covers,
table of contents, resumes, required certifications/forms, and appendices. Proposal content and
completeness are most important. Clarity is essential and will be considered in assessing the
Proposer’s capabilities. Proposals should only contain information relevant to this RFP; marketing
materials should not be included, unless appropriate. Note: The Cost Proposal must be
submitted in a separate sealed envelope, as identified in Section II.2.E.6.
B. Letter of Transmittal
An official authorized to bind the Proposer’s firm must sign the transmittal letter. The transmittal
letter should identify the project team and any subconsultants, and include the name, telephone
number and email address of the primary contact person. The transmittal letter also should include
a statement that the proposal is a binding offer to contract with City of Dublin according to the
requirements of this RFP for a period of one hundred eighty (180) days from the proposal due
date for submission of proposals. Detail any proposed co-venture arrangements such as
revenue/profit sharing or subconsultant participation.
C. Title Page
A title page that includes the RFP subject, the name of the Proposer’s firm, local address,
telephone, contact person (name, email, and phone numbers), and the date.
D. Table of Contents
Provide a table of contents that includes a clear identification of the material by section and
page number.
E. Responses to Scope of Work
1. Project Understanding and Approach – Describe your understanding of the project and
your proposed approach to complete each of the requested services detailed in Appendix A.
Based on your experience, discuss your understanding of any potential problems that may be
encountered with regard to the successful completion of the project and how your firm would
assist in solving these potential problems. If approach includes any tasks or items not
specifically identified in Appendix A, these additions must be clearly identified as an “optional
element.”
2. Team Make-Up – This section shall include an organization chart for your project team. For
each team member designated as key to the proposal, describe their role/function and provide
details to substantiate qualifications for the role/function proposed. At a minimum, details
should include relevant positions held, specific responsibilities, time period of work, and
references. For each sub-consultant firm, detail the services to be provided and firm’s
experience providing similar work. List any similar work subconsultant has performed for
proposer including contracted amount and duration of work. Any substitution of key
personnel after submittal of the proposal or during the contract will require prior
written approval from the City of Dublin.
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3. Team Staffing Assessment – Provide an estimated level of effort for all personnel and
resources anticipated to complete the project services as described in Appendix A. Base your
estimates on the information contained in this RFP and your firm’s experience. Outside
research is not necessary as this is a very rough preliminary estimate to see the firm’s thought
process and any anticipated problems. Provide percent time assigned to project. For
subconsultant firms, identify percent proposed work relative to firm’s capacity.
4. Project Management – Describe your firm’s project management, cost control, and quality
assurance, and quality control system that you propose to use for your project team and if
applicable, any sub-consultants.
a. Describe methods of planning, scheduling, delivery of tasks, coordination meeting
strategies and how the team will provide updated and accurate information to the City
of Dublin for the duration of the contract.
b. Describe how the management of the consultant/subconsultant(s) team will be
handled to ensure efficient use of resources and to avoid duplication of management
activities.
c. Describe the method that will be employed to establish budgetary controls and avoid
exceeding resources allocated for specific tasks.
d. Provide a list of proposed performance measures that could be used during the contract, if
selected, to evaluate deliverables and services performed. If selected, these will be
negotiated with staff during contract negotiations and final performance measures will
be incorporated into a Professional Services Contract.
5. Supporting Documentation – Documentation required below shall be provided as an
Appendix to the proposal and is not included in the page count requirement.
a. Provide a representative list of government agency clients for whom the prime
proposer has worked and name the specific work products produced.
b. Provide resumes of all staff shown in the organization chart. Resumes should be no
more than two-pages.
c. For any certification or licensure claimed by any personnel or firm supporting the
services required by this RFP, provide proof of valid certification/licensure. At a
minimum, the following must be included:
• LBE/SLBE/VSLE certification(s)
• Caltrans laboratory certification
• Laboratory ratings by AMRL and CCRL.
• Appendix E –Levine Act
• Appendix F –Public Contract Code
d. References from other Agencies for similar work performed: Provide at least three (3)
references related to previous Public Works projects for government agencies similar
to this project, or elements of this project, on which the firm worked within the last
five (5) years. References for work performed for the City of Dublin will not be
accepted. Include a brief project description, the project title, duration, budget,
sponsoring agency, sponsor project manager, the specific work conducted, and roles
played by individuals proposed for this contract. Include the name of the agency for
which the work was performed, contact person name, telephone number, and year(s)
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that the work was done. At least one (1) reference is required for each subconsultant
with a proposed budget over $25,000 total for this contract.
e. Provide reference contact information. Additionally, this section shall include a listing
of any lawsuit or litigation and the result of that action resulting from (a) any services
provided by the Proposer or by its subconsultants where litigation is still pending or
has occurred within the last five (5) years or (b) any type of project where claims or
settlements were paid by the proposer or its insurers within the last five years.
f. If necessary, identify any requested changes to the City’s standard consulting services
agreement using form provide in Appendix D (Exceptions to the City of Dublin
Sample Professional Services Contract Form)
6. Cost Proposal – Proposer shall submit one hard copy and one copy in MS Excel and pdf
on USB drive of the following in one separately sealed envelope and clearly labeled “Cost
Proposal Attachment” (see Appendix G, City of Dublin Sample Cost Proposal):
a. The overall price and budget, showing the level of effort and cost breakdown by tasks
identified in the scope.
b. Provide cost breakdown by subconsultants and, if any, goal attainability based on
current certification at time of proposal submission.
c. Provide a unit cost per type of materials/lab tests
Provide a full description and breakdown of the expected expenditures for each categories of
action contained in the Scope of Work, detailing your firm’s ability to understand and provide
services in an effective manner. Rates shall be based on actual hours worked, travel time and
hourly minimums will not be permitted.
The budget should include an estimate of hours for each task and for all team members, along
with their billing rates proposed for the duration of the project. The City may request the
billing rates be broken down into direct salary, fringe, overhead, and profit rates, if any. Detail
the types of non-labor expenses for which you would expect to be reimbursed.
The top-ranked proposer will be required to participate in negotiations which may result in
revisions to the proposal. The cost and method of compensation will be negotiated with the
top-ranked proposer.
Additionally, prior to award of a contract, the successful Proposer may be required to submit
the firm’s most recent complete financial statements, including footnotes and auditor’s
opinion or other financial instrument that would establish the firm’s ability to complete the
obligations of the contract resulting from this solicitation.
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3. PROPOSAL EVALUATION/CRITERIA
A. Review for General Responsiveness
City of Dublin will conduct an initial review of the proposals for general responsiveness and
compliance with requirements of this RFP. Proposals failing to satisfy the requirements in this
RFP will not be considered.
Any proposal that does not include enough information to permit the evaluators to rate the
proposals in any one of the evaluation factors listed below will be considered non-responsive. A
proposal that fails to include one or more items requested in Section II.2, Proposal Format, may
be considered complete and generally responsive, if evaluation in every criterion is possible.
B. Proposal Evaluation
A Selection Review Panel, which may be made up of staff from the City of Dublin and or Alameda
CTC, and or representatives from outside agencies will evaluate responsive proposals. The panel
will then establish a short list of pre-qualified firms based on pre-established review criteria, as
defined below, and request an interview, if necessary.
C. Proposal Criteria – 100 Points Possible
The product of the selection process will be to award a contract with the top-ranked proposer, as
recommended by the Selection Review Panel. The following criteria and point system will be used
to evaluate the proposals:
1. Project Understanding and Approach – Demonstrated understanding of the RFP
objectives and work requirements. Methods of approach, work plan, and experience with
similar projects related to type of services. (25 points maximum)
2. Team Structure and Staffing Plan – Qualifications of project staff, particularly key
personnel, especially the project manager, and key personnel's level of involvement in
performing related work. Capacity and ability to provide quality personnel in a timeframe that
meets the needs of the City of Dublin. (35 points maximum)
3. Qualifications of the Proposer Firm – Technical experience in performing work related to
type of services; experience working with public agencies; record of completing work on
schedule; strength and stability of the firm; technical experience and strength and stability of
proposed subconsultants; and assessments by client references. (40 points maximum)
D. Proposer Interviews
Based on the initial technical scoring of the proposals, the selection review panel will select top-
ranked or invite short-listed proposers for an interview. Final scoring to select the top-ranked
proposer will be based on the interview criteria below and will not include the initial scoring of
the technical proposals. Your company will have 20 minutes for a presentation followed by 25
minutes of questions from the interview panel. The Principal-in-Charge and all key team members
are required to attend the interview.
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E. Proposer Interview Criteria – 100 Points Possible
The Interview will be evaluated by a Selection Review Panel using the following criteria and
point system:
1. Knowledge and understanding of the required services and scope of work. (30 points
maximum)
2. Management Approach Staffing Plan to performing scope of work efficiently and
effectively. The ability and willingness to work within a managed contract budget, scope of
work, and schedule of deliverables. (25 points maximum)
3. Qualifications of the Proposer Firm and ability of the consultant team and key staff in
performing the scope of work. (25 points maximum)
4. Effectiveness of Interview – Overall interview discussions and presentation. (20 points
maximum)
F. Award
The selection of the consultants shall be fair, open, and competitive using a qualifications-based
selection process, and will be based on clearly stated objectives identified in this RFP and on
demonstrated competence, professional qualifications, experience, and capabilities to perform the
required scope of services identified in Appendix A. Proposals will be evaluated and scored for
accuracy and completeness of submittal and against the qualifications and other requirements
listed in this RFP.
The Consultant Selection Panel will recommend award to the highest ranked respondents based
on the final scoring from the Proposer Interview Criteria in Section II.3.E and will not include
the initial scoring of the technical proposals. All finalists may be required to submit a revised cost
proposal and/or technical or other revisions to their proposals as a result of negotiations with the
City of Dublin. If negotiations with the top-ranked respondent are ultimately unsuccessful, or if
the proposer declines the work offered, then negotiations will proceed with the second highest
ranked proposer from the proposal list, and so forth until a proposer is selected.
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APPENDICES
A. Required Scope of Work, Deliverables, and Staffing
B. Project Report, Maps, and Diagrams
C. City of Dublin Professional Services Contract
D. Exceptions to the Sample Professional Services Contract Form
E. Levine Act Statement
F. Public Contract Code
G. Cost Proposal Attachment Requirements
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APPENDIX A. Required Scope of Work, Deliverables, and Staffing
INTRODUCTION
This project will construct a Class 1 bicycle and pedestrian truss arch bridge over Dublin Boulevard
near the Dublin Boulevard and Scarlett Drive intersection. The bridge will provide safer and easier
Iron Horse Trail access, including access to and from the Dublin-Pleasanton BART station, and will
connect two existing segments of the Iron Horse Trail, creating a total separation of bicyclists and
pedestrians from motorized vehicles. Construction work will generally consist of miscellaneous
clearing and demolition, cast-in-place footing construction, retaining wall installation, bridge
fabrication and erection, ADA ramp and steel railing installation, trail lighting installation, and any
associated paving work.
The project’s current engineer’s estimate is between $7 and $8 million with an estimated project
construction length of 300 calendar days. Project working hours are anticipated to be Monday through
Friday with standard allowable working hours (approximately 7:00 AM to 6:00 PM). Special
construction conditions may require Saturday, Sunday, and night work.
The PS&E package is currently at approximately 95% completion and the documents are ready for
constructability and bid process review. The City and its design consultant are currently finalizing the
license agreement for construction work on Alameda County land.
The Dublin Crossing Specific Plan Environmental Impact Report (DCEIR) Initial
Study/Supplemental Mitigated Negative Declaration (IS/SMND) was approved by the City Council
on April 7, 2020. Per the SMND, the DCEIR adequately addresses the potential environmental
impacts for the project. However, the project must adhere to the requirements of the DCEIR.
Construction permits are required prior to the start of construction activities. Per the DCEIR and
IS/SMND, wetlands south of Dublin Boulevard were identified to be impacted by this project. As a
result, Regional Water Quality Control Board, Section 401, Section 404, and any other permits noted
in the DCEIR may be needed. Other construction related permits, such as an encroachment permit,
will need to be acquired prior to the start construction work.
Project Objectives
To complete a safe project on time and within budget.
Services Requested
The selected team will provide professional and technical services to provide a pre-bid
constructability review, perform bid support, conduct construction management, inspect
construction work, and perform material testing for the Iron Horse Trail Bridge project under the
supervision of the City of Dublin.
The following services are required under this contract:
• Perform a pre-bid 95% design constructability review of the construction documents.
• Assist the City’s Project Manager and Designer during the bid solicitation.
• Bid Evaluation
• Construction Management
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• Coordination with the City, Contractor, Agencies, and Public
• Public Works Inspection
• Materials testing and Special Inspection
• Project Closeout documentation
SCOPE OF WORK
The Scope of Services is intended as a guide to illustrate the minimum project requirements. If the
Proposer would like to suggest additional services that the Proposer feels are necessary to efficiently
and effectively manage the project, please include in the proposal with the cost for the services
shown as an extra cost below your initial proposal totals.
Services During Pre-Construction:
The Construction Manager will assist City Staff in the following:
1. Perform a review of the 95% design construction documents issued to the City for review
and provide recommendations regarding feasibility of construction methods, current
availability of materials and labor and time requirements for procurement. Identify materials
or services that may have a long lead time and could impact to the project.
2. Review construction bid documents and provide written comments to the City for
incorporation into the bid documents by addendum if necessary.
3. Work with the City to develop strategies to generate market interest in the Project.
4. Take the lead in managing the bid process including receiving bidder’s questions, distributing
information to the Owner and their consultants, issuing bid addendums, analyzing bids and
ultimately make a recommendation of award to the City Project Manager. Provide
documentation and substantiation to allow staff to gain Council approval of award.
5. Take the lead in managing the Section 404, and Section 401 permits, as required by the
DCEIR and state and local agencies and acquiring and managing the RWQCB as required by
the DCEIR and state and local agencies.
6. Maintain an electronic project management filing system on the City’s network using the
Microsoft Office Suite.
7. Work with and provide project specific construction recommendations to the design team.
Review and provide comment on the construction logistics plans produced by the design
team.
Services During Construction:
The Construction Manager will represent the City during construction of the project. The
Construction Manager will perform the following specific services:
1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper
communication and progress of the project. Act as liaison to the City through the City’s
Project Manager.
2. Schedule, direct, and supervise the Project Inspector.
3. Coordinate all required testing services and review testing reports and materials testing
personal.
4. Provide on-site coordination to assure that the project meets the Plans and Specifications
and stays on budget and schedule. (assume minimum of 20 hours per week for this task)
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5. Review, evaluate, and furnish recommendations to the City regarding contractor’s
performance, construction schedule and any other matters related to compliance with the
contract.
6. Provide a daily log of events and activities to secure the City’s interests and monitor work
accomplished in accordance with the contract.
7. Review, track, and assist in the preparation of responses to Contractor RFI’s.
8. Review, track, and assist in the review of Contractor submittals.
9. Review and track certificates of compliance and product submittals for conformance to the
project Special Provisions and/or Caltrans Standard Specifications and Plans.
10. Provide a weekly and monthly update outlining project status, schedule, submittals, RFI’s,
and change order issues. Include pertinent photos or supporting documents. The report
should include an analysis of any potential delays and their actual relevance. The report
should be suitably formatted to share with the City Manager’s Office.
11. Review and furnish contract correspondence, minutes of meetings and directives to be
issued to secure the interests of the City.
12. Review and make recommendations regarding payments to contractor including Change
Orders, when applicable, and recommendations regarding any proposed changes. Prepare
and provide cost analysis where necessary to verify change order costs generated by the
Contractor are reasonable and correct in scope.
13. Attend all construction-related site meetings with the City’s representatives, contractors, and
other meetings between related parties as required. Maintain separate notes on such
meetings. Assume a minimum of one (1) meeting at the project site each week for the
duration of the project within your base proposal.
14. Verify that the Contractor complies with the requirement of the State of California Notice of
Intent (NOI) requirements.
15. Assist with providing any information to the City Departments, as required.
16. Oversee the general contractor and subcontractor’s scope of work to ensure the General
Contractor is providing proper site supervision and coordination for the execution of the
project work.
17. Identify potential claims and make recommendations to resolve them.
18. Upon completion of the project work, provide a punch list review and recommendation of
Project Acceptance.
19. Upon completion of the project work, review all the Contractor’s final submittals to ensure
their compliance with final project close-out requirements.
20. Prepare documents for the periodic reporting of grant funds and billings.
The Project Inspector will represent the City during construction and report to the Construction
Manager. The Project Manager will perform the following specific services:
1. Provide on-site inspection to assure that the project is constructed in compliance with the
Plans and Specifications. (assume minimum of 40 hours per week for this task)
2. Provide inspectors daily report of events, manpower, and activities so as to secure the City’s
interests and monitor work accomplished in accordance with the contract. Daily progress
pictures shall be incorporated into the report.
3. Take digital photographs and digital video tape recordings of the construction progress on a
regular basis, including pre-construction conditions within the project limits
4. Collect material tags and verify materials on site meet project specifications and project
submittals.
5. Issue Weekly Statement of working Days.
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6. Maintain a redline set of as-built plans and specifications.
7. Track and field-verify quantities of actual improvements installed by the Contractor and
maintain a quantity bid sheet for each bid item of work.
8. Assists the Construction Manager in review and recommendation of progress payments.
9. Track and document Time and Materials work issued to the Contractor.
10. Working with the Construction Manager and other agencies and permit holders to issue a
project punch-list.
Material testing and Special Inspection:
1. Sub-grade and base compaction, gradation, and compaction curve.
2. Portland cement concrete strength and slump.
3. Asphalt concrete compaction, gradation, compaction curve, asphalt content.
4. Rebar inspection.
5. Welding and shop fabrications of steel components not covered by the bridge manufactures
Quality Assurance Program.
6. Bridge footing piles.
7. High strength bolting.
8. Any other items designated by the Engineer of Record requiring full time observation.
Post-Construction Services
1. Provide marked up construction record drawings (as-built drawings) for designer
completion.
2. Coordinate and prepare final progress payment.
3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by Alameda CTC, BART, and
resolve all contractor claims, if any.
4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documents over to the City of Dublin.
Resources
Office Space – The City of Dublin will provide office space for the Construction Manager at a City
facility that will include the following: desk, computer terminal, desk phone, and shared printer and
copier. The project inspector could use the facilities provided to the Construction Manager if the
Construction Manager would allow, but separate amenities will not be provided for the inspector or
materials tester.
Proposers Provided Equipment – The proposer shall provide all other necessary equipment,
vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete
the project.
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APPENDIX B. Project Report, Maps, and Diagrams
The following information and documents related to this RFP are available upon request.
1. 95% ST0118 Iron Horse Trail Dublin Boulevard Pedestrian and Bicycle Overcrossing
Plans
2. 95% ST0118 Iron Horse Trail Dublin Boulevard Pedestrian and Bicycle Overcrossing
Specifications
3. The Dublin Crossing Specific Plan Environmental Impact Report (DCEIR) Initial
Study/Supplemental Mitigated Negative Declaration (IS/SMND)
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APPENDIX C. City of Dublin Sample Professional Services Contract
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
[NAME OF CONSULTANT]
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
__________________ (“Consultant”) (together sometimes referred to as the “Parties”) as of
____________, 20__ (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on _______________, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work,” the services constitute a public works
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
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Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
________________, notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the
amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below
shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
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A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
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2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall
not exceed $_______________. Expenses not listed in Exhibit B are not chargeable to
City. Reimbursable expenses are included in the total amount of compensation provided
under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
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4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
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Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
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4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
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4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, 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,
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benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
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Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
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8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
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that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
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At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
____________________________________________
____________________________________________
____________________________________________
Any written notice to City shall be sent to:
City of Dublin
Att: Andrew Russell, Public Works Director
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN [NAME OF CONSULTANT]
Linda Smith, City Manager [NAME, TITLE]
Attest:
Consultant’s DIR Registration Number
Marsha Moore, City Clerk
Corporate Entity Number
Approved as to Form:
City Attorney
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EXHIBIT A
TO CONSULTING SERVICES AGREEMENT
SCOPE OF SERVICES
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EXHIBIT B
TO CONSULTING SERVICES AGREEMENT
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
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EXHIBIT C
TO CONSULTING SERVICES AGREEMENT
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
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EXHIBIT D
TO CONSULTING SERVICES AGREEMENT
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker engaged in the performance of
the services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
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prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor’s certified payroll
records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer’s employees on the public works
project.
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The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be submitted directly to the Labor Commission, and available for inspection by the
Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non-manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
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APPENDIX D. Exceptions to the City of Dublin Sample Professional Services
Contract Form
Contract Reference
(Section /
Paragraph / etc.)
Relevant Provisions Requested Action
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
DATE (AUTHORIZED SIGNATURE)
(NAME AND TITLE)
(COMPANY NAME)
(COMPANY ADDRESS)
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APPENDIX E. Levine Act Statement
***PRIME PROPOSER AND SUBCONSULTANTS MUST SUBMIT A SIGNED
LEVINE ACT STATEMENT***
California Government Code § 84308, commonly referred to as the “Levine Act,” precludes an officer
of a local government agency from participating in the award of a contract if he or she receives any
political contributions totaling more than $250 in the 12 months preceding the pendency of the
contract award, and for three months following the final decision, from the person or company
awarded the contract. This prohibition applies to contributions to the officer or received by the officer
on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.
Dublin’s City Council Members and are as follows:
David Haubert, Mayor
Arun Goel, Vice Mayor
Melissa Hernandez, Councilmember
Jean Josey, Councilmember
Shawn Kumagai, Councilmember
1. Have you or your company, or any agent on behalf of you or your company, made any political
contributions of more than $250 to any City of Dublin Councilmember in the 12 months
preceding the date of the issuance of this RFP?
___ YES ___ NO
If yes, please identify the Commissioner or alternate: ______________________________
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan
to make any political contributions of more than $250 to any City of Dublin Councilmember
in the three months following the award of the contract?
___ YES ___ NO
If yes, please identify the Commissioner or alternate: ______________________________
Answering yes to either of the two questions above does not preclude the City of Dublin from
awarding a contract to your firm. It does, however, preclude the identified Councilmember from
participating in the contract award process for this contract.
DATE (AUTHORIZED SIGNATURE)
(NAME AND TITLE)
(COMPANY NAME)
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APPENDIX F. Public Contract Code
***PRIME PROPOSER AND SUBCONSULTANTS MUST SUBMIT A SIGNED
PUBLIC CONTRACT CODE STATEMENT***
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the proposer
hereby declares under penalty of perjury under the laws of the State of California that the proposer
has ____ , has not ____ (mark one)
been convicted within the preceding three years of any offenses referred to in that section, including
any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal
antitrust law in connection with the bidding upon, award of, or performance of, any public works
contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public
Contract Code Section 1100, including the Regents of the University of California or the Trustees of
the California State University. The term "proposer" is understood to include any partner, member,
officer, director, responsible managing officer, or responsible managing employee thereof, as referred
to in Section 10285.1.
Note: The proposer must place a check mark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement.
Proposers are cautioned that making a false certification may subject the certifier to
criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In accordance with Public Contract Code Section 10162, the Proposer shall complete, under penalty
of perjury, the following questionnaire:
Has the proposer, any officer of the proposer, or any employee of the proposer who
has a proprietary interest in the proposer, ever been disqualified, removed, or
otherwise prevented from bidding on, or completing a federal, state, or local
government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
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Public Contract Code 10232 Statement
In accordance with Public Contract Code Section 10232, the PROPOSER, hereby states under
penalty of perjury, that no more than one final unappealable finding of contempt of court by a
federal court has been issued against the PROPOSER within the immediately preceding two year
period because of the PROPOSER's failure to comply with an order of a federal court which
orders the PROPOSER to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement and
Questionnaire. Proposers are cautioned that making a false certification may subject
the certifier to criminal prosecution.
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California, that the foregoing questionnaire and statements of the Public Contract Code Sections 10162,
10232 and 10285.1 are true and correct and that the proposer has complied with the requirements of
Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the
California Administrative Code.) By my signature on this proposal I further certify, under penalty of
perjury under the laws of the State of California and the United States of America, that the Noncollusion
Affidavit required under Title 23 United States Code, Section 112 and Public Contract Code Section 7106;
and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true
and correct.
DATE (AUTHORIZED SIGNATURE)
(NAME AND TITLE)
(COMPANY NAME)
(COMPANY ADDRESS)
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APPENDIX G. City of Dublin Cost Proposal Attachment Requirements
IF PROPOSER IS UNABLE TO PROVIDE THE DOCUMENTS LISTED BELOW,
PROPOSER SHOULD NOT SUBMIT A PROPOSAL TO CITY OF DUBLIN.
1. Cost proposal for prime consultant and all subconsultants (Refer to Sample Cost Proposal
Form B)
2. Names, addresses, phone numbers, and/or email addresses for all subconsultants
3. Verification of Financial Management System and Costs (Exhibit 10-K) for prime consultant
and all subconsultants
The following forms and documents are available on the ALAMEDA CTC website at
https://www.alamedactc.org/get-involved/contracting-forms/ and are incorporated herein as if
attached:
1. Sample Cost Proposal Form B
2. Certification of Financial Management System and Contract Costs (Caltrans LAPM Exhibit
10-K)
PLEASE CERTIFY THAT THE COST PROPOSAL ATTACHMENT COMPLIES WITH THE
REQUIREMENTS LISTED ABOVE BY PROVIDING THE PROPOSER’S AUTHORIZED
SIGNATURE BELOW
DATE (AUTHORIZED SIGNATURE)
(NAME AND TITLE)
(COMPANY NAME)
(COMPANY ADDRESS)
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1 of 1 ST0118 Addendum No. 1
CITY OF DUBLIN
PROJECT NO. ST0118
REQUEST FOR PROPOSAL FOR
CONSTRUCTION ADMINISTRATION, INSPECTION, AND MATERIAL TESTING FOR
IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD
ADDENDUM NO. 1
Dated: October 2, 2020
To All:
Notice is hereby given that the Request for Proposal for Construction Administration,
Inspection, and Material Testing for Iron Horse Trail Bridge at Dublin Boulevard, Project
No. ST0118, are revised as follows:
1. Page 14, E.6 “Cost Proposal” The requirements of this section shall be submitted
only by the Top-Ranked Firms requested to participate in the interview process.
The sealed Cost Proposal envelope shall be provided to the City at the start of
the interview.
Question and Answers
1Q. Are subconsultants required to provide completed Appendix E, Levine Act, and
Appendix F, Public Contractor Code forms?
1A. Yes.
2Q Does the City require the Cost Proposal Form B and related info to be submitted
in Separate Sealed Envelope at delivery of proposal or upon selection for
interview?
2A. See above.
3Q. Are 11x17 pages allowed in Section E. Responses to Scope of Work?
3A. Yes, each 11x17 page count as 2 pages towards the limit and 4 if printed double
sided.
4Q. Does the 12pt font apply to graphs, charts, tables, or captions?
4A. Yes.
5Q. Can we propose on just the Inspection and Materials Testing scope or will we
need to team as a sub with a CM?
5A. No, the proposer or proposal team must be able to provide all the services
requested in the RFP.
END OF ADDENDUM #1
Sincerely,
Michael N. Boitnott
CIP Manager
125
Number ST0118 Program STREETS
ESTIMATED COSTS
PRIOR
YEARS
2020-2021
BUDGET 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
9100 $17,475 $137,985 $155,460
9200 $816,193 $1,603,347 $2,419,540
9400 $9,016,979 $9,016,979
9500 $2,460 $10,000 $12,460
$836,128 $10,768,311 $11,604,439
FUNDING SOURCE
PRIOR
YEARS
2020-2021
BUDGET 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
2201 $12,325 $432,715 $445,040
2204 $587,980 $587,980
2205 $100,000 $100,000
2207 $856,419 $856,419
2215 $100,000 $100,000
2217 $660,320 $5,384,680 $6,045,000
2218 $1,500,000 $1,500,000
2220 $163,482 $806,518 $970,000
4401 $1,000,000 $1,000,000
$836,128 $10,768,311 $11,604,439
ANNUAL OPERATING IMPACT $50,000 $50,000 $50,000
Contract Services
Improvements
IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD
Salaries & Benefits
2020-2025 CAPITAL IMPROVEMENT PROGRAM
TOTAL
Measure RR - Safe Routes to BART
Dublin Crossing Fund
TFCA/Transportation for Clean Air
Measure B Sales Tax - Local Streets Fund
(ACTC)
Measure B Sales Tax - Bike & Pedestrian Fund
(ACTC)
Measure BB Sales Tax - Bike & Pedestrian Fund
Measure BB Grants
Road Maint. & Rehab. Account (RMRA)
Miscellaneous
TOTAL
State Gas Tax
PROJECT DESCRIPTION
This project provides for the planning, design, and construction of the Iron Horse Trail bridge for bicycles and pedestrians over Dublin Boulevard. The project will construct a truss
arch bridge consistent with the Iron Horse Trail Feasibility Study and preliminary bridge design, approved by the City Council on November 7, 2017. The bridge will provide safer and
easier trail access, including access to and from the Dublin-Pleasanton BART station.
The Alameda County Transportation Commission (ACTC) approved an allocation of $1,294,000 of Measure BB discretionary funds in Fiscal Year 2017-2018 for the bridge design and
environmental clearance. On June 17, 2019 ACTC approved additional funding in the amount of $4,751,000 of Measure BB and $856 ,419 of Transportation for Clean Air funds for the
construction phase of the project. The project will also receive funding of $1,000,000 for construction from a Developer contribution from the Boulevard Project. Fall 2020 BART
approved $1,500,000 of Measure RR Safe Routes to BART Grant for the construction phase of the project.
ANNUAL OPERATING IMPACT: $50,000
MANAGING DEPARTMENT: Public Works
Attachment 4
126
STAFF REPORT
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Page 1 of 3
Agenda Item 4.4
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:City Proclamations for the Month of March
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will consider the following proclamations for the month of March in the City of
Dublin: American Red Cross Month, Developmental Disabilities Awareness Month, Irish-American
Heritage Month, March for Meals, National Colorectal Cancer Awareness Month, and Women’s
History Month.
STAFF RECOMMENDATION:
Approve the proclamations.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider the following proclamations for the month of March:
1. American Red Cross Month
Every eight minutes, the American Red Cross brings help and hope to people in need. Each
year, the President of the United States proclaims March “Red Cross Month.” During this
time, the American Red Cross encourages people to honor and celebrate the everyday
heroes who help fulfill its mission.
2. Developmental Disabilities Awareness Month
Developmental Disabilities Awareness Month shines a spotlight on the disabled community
by demonstrating how people with developmental disabilities live normal lives and
encouraging the public to learn how they can help people with developmental disabilities
achieve their dreams.
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This year’s campaign #DDawareness2021 seeks to raise awareness about the inclusion of
people with developmental disabilities in all the facets of community life, as well as
awareness of the barriers that people with disabilities still face in connecting to the
communities in which they live.
3. Irish-American Heritage Month
Congress designated March as Irish-American Heritage Month in 1991 and the President
issues an annual proclamation commemorating the occasion. The City of Dublin celebrates
Irish-American Heritage Month each year through festivities surrounding St. Patrick’s Day.
Due to COVID-19, this year’s events will be held March 13-March 20 and will feature both
virtual and reservation-based events.
4. March for Meals
Meals on Wheels America has been serving warm and nutritious meals to seniors for nearly
50 years. Meals on Wheels programs have come together each March since 2002 to
celebrate this proven collaboration of local community organizations, businesses, all levels
of government, and compassionate individuals to ensure that our seniors are not forgotten.
Meals on Wheels of Alameda County has continued to serve seniors throughout the COVID-
19 pandemic.
5. National Colorectal Cancer Awareness Month
As COVID-19 gripped the country, colorectal cancer screenings plummeted. This year, as
part of Colorectal Cancer Awareness Month, the Colorectal Cancer Alliance (CCA) is asking
allies everywhere to join their mission to end colorectal cancer by dressing in blue on
Friday, March 5, 2021. Dress in Blue Day 2021 is a way to bring awareness to this disease
and support the work the CCA is doing as well as honor all who are impacted by colorectal
cancer.
6. Women’s History Month
The theme for 2021 National Women’s History Month captures the spirit of these
challenging times. Since most women’s suffrage centennial celebrations were curtailed in
2020, the National Women’s History Alliance is extending the annual theme to 2021 to
honor “Valiant Women of the Vote: Refusing to Be Silenced.”
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) American Red Cross Month
2) Developmental Disabilities Awareness Month
128
Page 3 of 3
3) Irish-American Heritage Month
4) March for Meals
5) National Colorectal Cancer Awareness Month
6) Women’s History Month
129
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“American Red Cross Month – March 2021”
WHEREAS, the American Red Cross, founded in 1898, is a leading voluntary agency chartered and authorized by Congress to act in
times of need, and provides compassionate assistance to people afflicted by personal, local, or national disasters; and
WHEREAS, each year, the President of the United States proclaims March as “Red Cross Month” providing an opportunity to honor
and celebrate the everyday heroes who help fulfill the American Red Cross mission; and
WHEREAS, due to the coronavirus pandemic, families continue to depend on the American Red Cross every day for emergency
support, including supplying blood products for patients in need of transfusions due to surgery, cancer treatments, or trauma; and
WHEREAS, the American Red Cross Bay Area Chapter has helped 530 families with temporary housing, clothing, food, and mental
health counseling during 260 local disasters last year alone; and
WHEREAS,people have counted on the American Red Cross for the information and skills they need to be safe at home, work, school,
and at play, and last year the American Red Cross Bay Area Chapter trained 28,900 people in lifesaving CPR, First Aid, and water
safety; and
WHEREAS, American Red Cross staff deployed with the U.S. Military to provide emergency communications, counseling, financial
assistance, and a caring presence to 1,300 local military families; and
WHEREAS, American Red Cross Blood Services supports Bay Area hospitals, providing them with more than 74,228 units of red
cells, platelets, and plasma annually to patients in need.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2021 as American Red Cross
Month in the City of Dublin and thanks the American Red Cross for their invaluable work and efforts not only in our community, but
around the country.
DATED: March 2, 2021
Mayor Melissa Hernandez Vice Mayor Shawn Kumagai
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston
130
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Developmental Disabilities Awareness Month – March 2021”
WHEREAS, in 1987 President Ronald Reagan proclaimed the month of March as “Developmental Disabilities Awareness Month,”
callingupon Americans to provide the encouragement and opportunities necessary for people with developmental disabilities to reach
their potential; and
WHEREAS, each March, the National Association of Councils on Developmental Disabilities (NACDD) and its partners work
together to create a social media campaign that highlights the many ways in which people with and without disabilities come together
to form strong, diverse communities; and
WHEREAS, the campaign for 2021 is #DDawareness2021; and
WHEREAS, the campaign seeks to raise awareness about the inclusion of people with developmental disabilities in all facets of
community life, and acknowledge the barriers that people with disabilities still sometimes face in connecting to the communities in
which they live; and
WHEREAS, the City of Dublin’s mission promotes and supports a high quality of life, ensures a safe and secure environment, fosters
new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2021 as Developmental
Disabilities Awareness Month in the City of Dublin and urges every citizen to increase awareness about developmental disabilities
and support inclusion and equity for all.
DATED: March 2, 2021
Mayor Melissa Hernandez Vice Mayor Shawn Kumagai
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston
131
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Irish-American Heritage Month – March 2021”
WHEREAS, Irish-American Heritage Month marks a time to celebrate the contributions that Irish Americans have made to the
United States; and
WHEREAS, the first recorded celebration of Irish Americans dates back to 1762 with the first St. Patrick’s Day parade in New York
City. The parade became an annual event which was initially organized by military units but after the War of 1812, Irish fraternal
societies took over the event; and
WHEREAS, the City of Dublin annually celebrates Irish-American Heritage through activities including St. Patrick’s Day festivities
and events surrounding Irish Heritage; and
WHEREAS, due to COVID-19, this year’s events will be held Saturday, March 13 through Saturday, March 20 and will feature both
virtual and reservation-based events throughout the City of Dublin.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2021 as Irish-American
Heritage Month in the City of Dublin and encourages citizens to celebrate the achievements and contributions of Irish Americans to
the City of Dublin and the rich Irish-American Heritage of our community.
DATED: March 2, 2021
Mayor Melissa Hernandez Vice Mayor Shawn Kumagai
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston
132
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“March for Meals Month – March 2021”
WHEREAS, on March 22, 1972, President Richard Nixon signed into law a measure that amended the Older Americans Act of 1965 and established a national
nutrition program for seniors 60 years and older; and
WHEREAS, Meals on Wheels America established the March for Meals campaign in March 2002 to recognize the historic month and the importance of the
Older Americans Act Nutrition Programs, and to raise awareness about the escalating problem of senior hunger in America; and
WHEREAS, the 2021 observance of March for Meals celebrates 19 years of the collaboration of local community organizations, businesses, government
agencies, and compassionate individuals in supporting Meals on Wheels programs that deliver vital and critical services by donating, volunteering, and
raising awareness about senior hunger and isolation; and
WHEREAS, Meals on Wheels programs, both Congregate and Home-Delivered in Dublin, have served our communities admirably for more than 40 years
in California, and for 49 years in Dublin; and
WHEREAS, volunteers for Meals on Wheels programs in Dublin are the backbone of the program and they not only deliver essential meals to seniors and
individuals with disabilities who are at significant risk of hunger and isolation, but also demonstrate care for and attention to their welfare; and
WHEREAS, Meals on Wheels of Alameda County has delivered warmth and joy to 3,200 senior neighbors this last holiday season; and
WHEREAS, Meals on Wheels programs in Dublin provide nutritious meals to seniors throughout the city that help them maintain their health and
independence, thereby preventing unnecessary falls, hospitalizations, and premature institutionalization.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2021 as March for Meals Month in the City of Dublin
and urges every citizen to take this month to honor our Meals on Wheels of Alameda County programs, the seniors they serve, and the volunteers who care
for them. Our recognition of, and involvement in, the national 2021 March for Meals campaign can enrich our entire community and help combat senior
hunger and isolation in America.
DATED: March 2, 2021
Mayor Melissa Hernandez Vice Mayor Shawn Kumagai
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston
133
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“National Colorectal Cancer Awareness Month – March 2021”
WHEREAS, in an effort to increase public awareness and raise funds for research and treatment, President Bill Clinton proclaimed
the month of March as Colorectal Cancer Awareness Month; and
WHEREAS, colorectal cancer is one of only a few cancers that can be prevented because colorectal cancer screening allows doctors
to find and remove hidden growths before they become cancer; and
WHEREAS, according to the American Cancer Society, colorectal cancer is the third leading cause of cancer deaths among men and
women in the United States, and currently there is no cure; and
WHEREAS, due to COVID-19, the number of colonoscopies declined nearly 90% by mid-April 2020 compared to the same period the
previous year; 1.7 million Americans missed their colonoscopy, and 18,800 colorectal cancer diagnoses have been delayed or missed
all together; and
WHEREAS,Colorectal Cancer Awareness Month is an opportunity to offer education on the signs and symptoms of colorectal cancer
and the importance of early detection and screening.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2021 as National Colorectal
Cancer Awareness Month in the City of Dublin and encourages citizens to raise awareness about colonoscopies and this important
life-saving measure.
DATED: March 2, 2021
Mayor Melissa Hernandez Vice Mayor Shawn Kumagai
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston
134
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“National Women’s History Month – March 2021”
WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our
Nation in countless recorded and unrecorded ways; and
WHEREAS, American women have played and continue to play critical economic, cultural, and social roles in every sphere of life in the City
of Dublin and the Nation by constituting a significant portion of the labor force working inside and outside of the home; and
WHEREAS, due to COVID-19, most of the 2020 women’s suffrage centennial celebrations were curtailed; and
WHEREAS, the National Women’s History Alliance is extending the annual theme for 2021 to “Valiant Women of the Vote: Refusing to Be
Silenced”; and
WHEREAS, American women of every race, class, and ethnic background have served as early leaders in the forefront of every major
progressive social change movement; and
WHEREAS, American women have served our country courageously in the military; and
WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued in the
literature, teaching, and study of American history.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim March 2021as National Women’s History Month
in the City of Dublin to recognize women for their invaluable work and their role not only in our community but around the country.
DATED: March 2, 2021
Mayor Melissa Hernandez Vice Mayor Shawn Kumagai
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston
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STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 4.5
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Kent Property Rezoning (PLPA-2019-00002)
Prepared by: Robert Smith, Associate Planner
EXECUTIVE SUMMARY:
The City Council will consider adopting an Ordinance Rezoning a 1.5-acre property located at
6207 Sierra Court from Light Industrial (M-1) to General Commercial (C-2). The first reading of
the Ordinance was held at the February 16, 2021 Regular City Council Meeting. The City Council
will now consider adopting the Ordinance.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Approving Amendments to Dublin Zoning Map for
Property Located at 6207 Sierra Court from the M-1 Zoning District to the C-2 Zoning District.
FINANCIAL IMPACT:
There is no financial impact associated with the proposed project except the cost of Staff and
consultant time to process this application.
DESCRIPTION:
The 1.5-acre Kent property is located at the northeast corner of Dublin Boulevard and Sierra Court
as shown in Figure 1 and is currently developed with an existing 16,117-square-foot one-story
building with an existing commercial use. The property is generally surrounded by light industrial
uses to the north, public/semi-public uses to the south (Dublin Civic Center and Dublin Sports
Ground), and retail/office/automotive uses to the east and west.
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Figure 1: Vicinity Map
On February 15, 2019, the City Council adopted a Resolution approving the initiation of a General
Plan Amendment Study to evaluate changing the land use designation from Business Park/
Industrial to Retail/Office and Automotive.
On February 16, 2021, the City Council approved a General Plan Amendment to change the land
use designation of the Kent property from Business Park/Industrial to Retail/Office and
Automotive. The City Council also waived the first reading and introduced an Ordinance Rezoning
the property from the M-1 zoning district to the C-2 zoning district (Figure 2).
Figure 2. Proposed Zoning Map
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The City Council is being asked to waive the second reading and adopt the Ordinance provided as
Attachment 1.
ENVIRONMENTAL ANALYSIS:
The California Environmental Quality Act (CEQA), together with the State CEQA Guidelines and
City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for
environmental impacts and when applicable, environmental documents be prepared. The City’s
environmental consultant, LSA, prepared an Initial Study in accordance with CEQA requirements.
Based on the Initial Study (IS), the City determined that the proposed project would not have a
significant impact on the environment and a Negative Declaration (ND) was prepared. The IS/ND
was adopted at the February 16, 2021 City Council Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Approving Amendments to Dublin Zoning Map for Property Located at 6207 Sierra
Court from the M-1 Zoning District to the C-2 Zoning District
138
Attachment 1
Ordinance. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2
ORDINANCE NO. xx-21
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN ZONING MAP FOR PROPERTY LOCATED AT
6207 SIERRA COURT FROM THE M-1 ZONING DISTRICT TO THE C-2 ZONING DISTRICT
(APN 941-0205-013-04)
PLPA-2019-00002
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recital
A.The City-initiated Rezoning of the Project site, located at 6207 Sierra Court, proposes to
change the zoning from M-1 (Light Industrial) to C-2 (General Commercial).
B.Following a duly noticed public hearing on January 26, 2021, the Planning Commission
adopted Resolution No. 21-01, recommending that the City Council adopt the Initial
Study/Negative Declaration (IS/ND) and approve the General Plan Amendment and
Rezoning, which resolution is incorporated herein by reference and available for review at
City Hall during normal business hours.
C.A Staff Report for the City Council, dated February 16, 2021, and incorporated herein by
reference, described and analyzed the proposed Rezoning. At a properly noticed public
hearing on February 16, 2021, the City Council considered the Planning Commission’s
recommendation on the IS/ND, General Plan Amendment and Rezoning.
Section 2.Findings and Determinations.
A.Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council finds as
follows:
1. The Rezoning is consistent with the Dublin General Plan because:the allowed uses in
the C-2 zoning district are consistent with the amended General Plan land use
designation of Retail/Office and Automotive. No Specific Plans apply to the project site.
B.Pursuant to the California Environmental Quality Act (CEQA), on February 16, 2021, the City
Council adopted Resolution No. 1621, adopting an Initial Study/Negative Declaration for the
project, which Resolution is incorporated herein by reference.
Section 3.Zoning Map Amendment.Pursuant to Chapter 8.120, Title 8 of the City of Dublin
Municipal Code, the Dublin Zoning Map is hereby amended to Rezone the Project site, consisting
of 1.5+ gross acres, from the M-1 (Light Industrial) to the C-2 (General Commercial) Zoning
District.
A map of the Rezoning area is shown below:
139
Attachment 1
Ordinance.No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
Section 4.Effective Date.This Ordinance shall take effect thirty (30) days following its
adoption.
Section 5.Posting.The City Clerk of the City of Dublin shall cause this Ordinance to be posted
in at least one (1) public place 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 _____2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
3668428.1
General
Commercial (C-2)
140
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.6
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Authorization to Participate in the Visit Tri-Valley Local Recovery Campaign
Prepared by: Hazel L. Wetherford, Economic Development Director
EXECUTIVE SUMMARY:
The City Council will consider participating in the Visit Tri-Valley local recovery campaign to
encourage residents to support small businesses.
STAFF RECOMMENDATION:
Authorize the City Manager to enter into a Memorandum of Understanding with Visit Tri-Valley
and approve the budget change.
FINANCIAL IMPACT:
The proposed participation in the Visit Tri-Valley local recovery campaign would require a budget
appropriation of $20,000 from General Fund undesignated reserves.
DESCRIPTION:
Visit Tri-Valley (VTV), the Tri-Valley Convention and Visitor’s Bureau, represents the cities of
Dublin, Livermore, Pleasanton and the Town of Danville in bringing visitors to the region by
raising awareness of the Tri-Valley as a visitor destination. Since COVID-19, the hospitality
industry has suffered greatly, and VTV has turned its emphasis to crisis management and
rebuilding.
In talking with local businesses and community stakeholders, VTV identified the need for a local
recovery plan for the Tri-Valley region that would encourage residents to explore their city and
remember why they fell in love with it, and to support struggling local businesses.
VTV’s multi-phased reopening campaign, Our Hometowns Matter,brings the Tri-Valley cities
together, encouraging families to get out, have fun, and support businesses by highlighting the
importance of spending locally. Dublin’s specific campaign theme, “To Dublin, With Love,” is an
ode to simpler times and provides an opportunity for residents to fall in love with the community
all over again.
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The campaign will kick off in March and run through the spring. Although logistics are still being
worked out, the overall campaign will include a Promise Pledge and Promise Pass. Residents will
be asked to make a promise to spend $50 a week at locally owned businesses, outside of what they
would normally spend. Residents would sign up for the pledge online through a dedicated website
for Dublin and will receive their Promise Pass which contains savings to local merchants. Each
time residents shop at a local business, they can check in with their Promise Pass, and they will be
entered in a giveaway for a chance to win a gift card to a business of their choosing. In addition, if
they upload a copy of their receipt from a local merchant where they have spent $25 or more, they
will be entered into another drawing.
VTV is offering three levels of participation in the campaign: Gold at $25,000, Silver at $20,000,
and Bronze at $15,000. With each contribution from the cities, VTV will provide a dollar-for-dollar
match to increase the reach of the campaign. Currently, VTV has commitments from the cities of
Livermore and Pleasanton and the Town of Danville. At the time of this report, VTV had not yet
met with the City of San Ramon (San Ramon is not a member of VTV). The Gold level partnership
would include, but not be limited to, a custom logo and website specific to Dublin; TV
commercials; video and imagery on social media and radio platforms such as NextDoor, Pandora,
Soundcloud, and Sirius; exclusive print ad; direct mail; and coffee sleeves. A full list of deliverables
and benefits of the Gold level partnership can be viewed in Attachment 1.
On February 16, 2021, the City Council’s Economic Development Committee reviewed the local
recovery campaign proposal, and by consensus, supported partnering with VTV and bringing this
item to the next City Council meeting for consideration. This recommendation falls under the
Committee’s purview to provide policy guidance and direction on economic development
activities.
Staff’s recommendation is for the City to partner with VTV at the Gold level with a $20,000
financial contribution and a $5,000 in-kind contribution through the City’s use of the Hyundai
electronic reader board sign. To formalize the partnership, Staff requests that the City Council
authorize the City Manager to enter into a Memorandum of Understanding with VTV once the
campaign logistics are finalized.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and a courtesy copy was provided to Visit Tri-Valley.
ATTACHMENTS:
1) Visit Tri-Valley Local Recovery Campaign Partnership Levels
2) Budget Change Form
142
Visit Tri‐Valley Local Recovery Campaign Partnership Levels
Attachment 1
143
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
1001.8401.64011 $20,000.00
3/2/2021
Posted By: Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
City’s partnership with Visit Tri-Valley for a local recovery campaign.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2020-21
BUDGET CHANGE FORM
EXP: General Fund - Economic Dev - Community Contribution
City Council's Approval Required
ATTACHMENT 3
Attachment 2
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Agenda Item 4.7
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Agreement with Crossroads Software Inc.
Prepared by: Nate Schmidt, Captain Dublin Police Services
EXECUTIVE SUMMARY:
The City Council will consider an agreement with Crossroads Software Inc. for the procurement of
Handheld Citation Software and Collision Report Writing Software.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Contractor Services Agreement with Crossroads Software Inc.
FINANCIAL IMPACT:
The total cost to procure and implement the Handheld Citation Software and Collision Report
Writing Software is $72,945.97, comprising $66,800.00 for the agreement with Crossroads
Software Inc. and $6,145.97 for printers. Funding sources include an Office of Traffic Safety grant
of $50,000 and the current Fiscal Year 2020-21 operating budget for the remaining $22,945.97 to
complete the procurement process. The total cost includes $4,400 in recurring annual fees for
software maintenance and software upgrades, which will be appropriated through the normal
budgeting process in subsequent years.
DESCRIPTION:
As part of the City’s goal of creating efficiencies in operations by reducing the need for paper
transactions, and in conjunction with recently awarded grant funding, Dublin Police Services Staff
has conducted research on technologies related to the electronic processing of citations, collision
reporting, and flow of traffic-related data, and is recommending systems provided by Crossroads
Software Inc.
Handheld Citation Software
Crossroads Software Inc. (Crossroads) provides a Handheld Citation Software (also called e-
Citation) that allows officers to write traffic and parking citations utilizing their mobile devices.
The application runs on a variety of hardware including iPhones, iPads, Android Smartphones and
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Windows Tablets. The application significantly decreases the time it takes an officer to issue a
citation compared to the traditional handwritten citation, while increasing the accuracy and
legibility of the citation. The application uses a Bluetooth printing device and works with cameras
and barcode readers. Officers can use their department-issued iPhones to quickly scan barcodes
of driver’s licenses, registration cards, and vehicle identification numbers. The data will auto-
populate onto the citation, reducing the time to issue a citation.
Collision Report Writing Software
Crossroads also provides a Collision Report Writing Software, which utilizes the approved
California Highway Patrol (CHP) Accident Investigation forms and features the ability to auto-
populate information from scanned barcodes. This application can automatically download map
images for the collision location, has a basic sketching tool, and can import “pre-drawn” location
sketches done in other applications. This significantly decreases the time needed to complete a
traffic accident investigation.
Integration with Current Systems / Online Records Dissemination
Both the Handheld Citation system and the Collision Report Writing system compliment
Crossroads’ Analytics System, which the City of Dublin’s Traffic Engineering Division currently
utilizes.
Additionally, the e-Citation software has a component called the “Online Records Dissemination
System”, which can store data in the cloud for Dublin Police purposes, and route it to either the
Alameda County Traffic Court Division or Phoenix Group Parking Citation for processing. It also
sends traffic collision data to the CHP for entry into the Statewide Integrated Traffic Records
System as required by law, thus reducing the amount of data entry by Dublin Police Records Staff.
Implementation Cost
The following is a cost breakdown for the software and necessary equipment.
$50,000.00 - includes the purchase of the Handheld Citation Software for all non-parking
violations, the Collision Report Writing Software, and the ability to disseminate records
electronically. This cost includes the annual yearly maintenance and support fees.
$16,800.00 - includes the purchase of the Handheld Citation Software for all parking
violations. This cost includes the annual maintenance and support fees.
$6,145.97 - includes the purchase of six Zebra Bluetooth printers and accessories to
support both the parking and non-parking e-citations. Zebra Bluetooth printers are not
sold solely by Crossroads and therefore the following quotes for six printers were obtained.
MSA Systems Inc provided the lowest quote:
1. MAG SOFT LLC –$7,196.41
2. Crossroads Software Inc.–$6,944.51
3. MSA Systems Inc.–$6,145.97
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On September 15, 2020, the City Council accepted an Office of Traffic Safety Traffic Records
Improvement Project Grant for $50,000, which was awarded to Dublin Police Services. These
funds are approved to be utilized for the procurement of the software, and sufficient funds exist in
the current Fiscal Year 2020-21 operating budget for the additional $22,945.97 needed to
complete the procurement process.
The City Municipal Code establishes the procedures for making purchases and requires that
purchases for items in excess of $45,000 be approved by the City Council. The purchase is to be
made based on formal bids, however, the Municipal Code contains a specific exception to the
formal bid process when the city’s requirements can be met solely by a single patented article or
process (Section 2.36.100(B)(1) Dublin Municipal Code).
Staff has conducted extensive research and found that the specific products described in this
report are available exclusively from Crossroads and not distributed through other vendors. In
this way, Crossroads maintains control over the quality of installation, training, and support.
Additionally, Crossroads is the sole vendor with the ability to upload collision reports
electronically to the CHP (Online Records Dissemination System). Therefore, the purchase of these
systems is exempt from the competitive bidding process.
As a final note, with the exemption from competitive bidding, the City’s Purchasing Ordinance
requires this item to be approved by a four-fifths vote of the City Council.
STRATEGIC PLAN INITIATIVE:
Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business Engagement.
Objective 4A: Reduce / eliminate the need for paper transactions where feasible.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving a Contractor Services with Crossroads Software Inc.
2) Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and
Crossroads Software Inc.
3) Crossroads Software Inc. Sole Source Declaration
4) Quotes for the Purchase of Six Zebra Bluetooth Printers and Accessories
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Attachment 1
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 2
RESOLUTION NO. XX – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONTRACTOR SERVICES AGREEMENT WITH
CROSSROADS SOFTWARE INC.
WHEREAS, on September 15, 2020, the City Council approved the acceptance of an
Office of Traffic Safety (OTS) Traffic Records Improvement Project (TRIP) Grant for $50,000;
and
WHEREAS, this $50,000 grant has been approved for the procurement of the Handheld
Citation Software and Collision Report Writer Software; and
WHEREAS, the Handheld Citation Software and Collision Report Writer Software greatly
increase accuracy and efficiency in both the citation and accident investigation process; and
WHEREAS, Staff conducted extensive research and found Crossroads Software Inc.
exclusively provides the Handheld Citation Software and Collision Report Writer Software, which
include an online records dissemination component to electronically report vehicle accident data
to the California Highway Patrol and citation data to the appropriate court; and
WHEREAS, Crossroads Software Inc.’s Handheld Citation Software and Collision Report
Writer Software integrate into the Crossroads Software Inc. Analytics System currently being
used by the City of Dublin Traffic Engineering Division; and
WHEREAS, Staff has obtained a quote from Crossroads Software Inc. in the amount of
$66,800 for the Handheld Citation Software and Collision Report Writer Software; and
WHEREAS, Staff has obtained three quotes for six Zebra Bluetooth printers to support
the Handheld Citation Software with the lowest quote being from MSA Systems Inc. for
$6,145.97; and
WHEREAS, the procurement of this technology will be funded through the use of the
$50,000 Office of Traffic Safety Traffic Records Improvement Project Grant and sufficient funds
exist in the current Fiscal Year 2020-21 operating budget to cover the additional $22,945.97 in
expenses to complete the procurement process; and
WHEREAS,Section 2.36.100(B)(1) of the Dublin Municipal Code allows for exceptions to
the typical public bidding process when the City Council specifically waives the competitive bid
process when the requirement can only be met solely by a single patented article or process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby authorizes a Contractor Services Agreement with Crossroads Software Inc. for Handheld
Citation Software and Collision Report Writer Software attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendments to the agreements, attached hereto as Exhibit A,and make any necessary, non-
substantive changes to carry out the intent of this Resolution.
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Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 2nd day of March 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 7.1
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Funding Agreement and Memorandum of Understanding for Axis Community
Health’s Mental Health Urgent Care Pilot Project
Prepared by: Linda Smith, City Manager
EXECUTIVE SUMMARY:
The City Council will consider authorizing the City Manager to enter into a Funding Agreement
with Axis Community Health, as well as a Memorandum of Understanding with the cities of
Pleasanton and Livermore, to provide funding to the proposed Mental Health Urgent Care pilot
project.
STAFF RECOMMENDATION:
By motion, authorize the City Manager to enter into the Funding Agreement with Axis Community
Health and the Memorandum of Understanding with the cities of Pleasanton and Livermore.
FINANCIAL IMPACT:
The cost to fund a one-year pilot project is approximately $277,126. There is also an anticipated
start-up cost of $44,369. The total project cost is $321,495; of this amount, $250,000 is expected
to be offset by a grant from Alameda County Behavioral Health. The cities of Dublin, Pleasanton
and Livermore will split the remainder of costs at $23,831.67 each. The City of Dublin has
adequate funding available in the current operating budget to cover this expense.
DESCRIPTION:
Background
At its November 2020 meeting, the City Council received an overview of mental health resources
available in the Tri-Valley region. The report included a list of providers and their related
services. The report also included information on an opportunity to work with Axis Community
Health on an innovative approach to address more immediate mental health needs, through the
establishment of a regional Mental Health Urgent Care Center.
The COVID pandemic has exacerbated an already-increased need for mental health services in the
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Tri-Valley. Healthcare providers, law enforcement, and schools agree that this issue needs to be
addressed before it reaches a crisis point. And while there are traditional resources available,
these options typically result in a delayed response to the person experiencing mental health
challenges. It can take weeks to get an appointment or to navigate the insurance matters if they
have insurance at all. The inability to conduct a timely assessment and identify a treatment plan
often results in calls to 911, trips to the emergency room and, at times, voluntary or involuntary
holds at John George Psychiatric Hospital. Additionally, the current behavioral health system is
fragmented, affecting the ability to connect patients and their families with resources to help guide
and support them in achieving wellness.
In an effort to address these issues, particularly the impact to law enforcement, the cities of
Dublin, Pleasanton and Livermore began discussing mental health support options and held
virtual meetings with Axis Community Health in the summer of 2020. Axis Community Health has
been a long-standing health partner in the region and has a sizeable behavioral health program.
The discussions were wide ranging and substantive, resulting in the proposal to establish of an
urgent care center model for the region.
Proposal for Mental Health Urgent Care Center
Under the proposal, the Axis Mental Health Urgent Care Center will be available to all members of
the community, regardless of income or insurance status. Individuals and families with urgent
mental health needs will be able to call for same-day appointments via telehealth, and ultimately,
in person subject to COVID conditions. The Center will serve as a central entry point for
assessment, triage, treatment, and care coordination for anyone seeking mental health treatment,
regardless of insurance type or status. Like a medical urgent care setting, the Center will provide
assessment and timely connection to services, in a setting that is less costly to operate than an
emergency department.
In terms of staffing, the Center will include a care coordinator, a licensed therapist, and an on-call
psychiatrist. The service will be under the direction of Axis’s Chief of Behavioral Health Services,
who is a licensed psychologist. Staff will utilize mental health screening tools, conduct bio-
psychosocial diagnostic assessments, and provide brief counseling and trauma treatment.
Psychiatric care will be provided via telehealth for patients that require medication management,
and patients will be connected to an ongoing treatment provider that is appropriate to their needs.
Like medical urgent care, staff will see patients with an immediate need, and assist in coordinating
care that connects patients (and families) to ongoing care with a provider and behavioral health
support resources.
Axis is proposing to utilize a telehealth model as well as at its physical site at W. Las Positas Blvd.
in Pleasanton. In the initial pilot, hours will be 3:00 pm to 8:00 pm, Monday through Friday, but
could be expanded or modified, dependent upon funding availability and community need.
Services would be available for ages 5 and above, and available to individuals, couples, and
families.
It is anticipated that the Center would handle 15 to 20 care coordination visits per week, and an
estimated 15 to 20 counseling visits per week. An estimated 500 unique patients would be served
in year one, based upon 20 patients per week with an average of three to six visits per patient over
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the course of several weeks as they get situated with a provider for longer term care.
Funding Partners
The cost to fund a one-year pilot project is approximately $277,000. There is also an anticipated
start-up cost of approximately $44,000. This will provide Axis with two months of funding to
mobilize for a full year of patient operations.
There are several funding partners for this proposal, including the largest contributor of Alameda
County Behavioral Health (ACBH). ACBH awarded the pilot project with a grant of $250,000. The
cities of Dublin, Pleasanton and Livermore will split the remainder of the cost equally as outlined
in the attached Memorandum of Understanding and summarized below. If the funding from ACBH
does not ultimately materialize, the three cities would split the cost of the Center equally in the
pilot project period. As proposed, the City of Dublin would serve as the fiscal agent and directly
enter into the Funding Agreement with Axis.
Table 1: Fair Share Contributions by Cities
Staff at the three cities and at Axis are also in preliminary discussions with local health care
providers, such as Stanford, Sutter, and Kaiser to provide future financial assistance to the Center
and to potentially work in partnership with Axis during and beyond the initial project year.
Staff is recommending that the City Council authorize the City Manager to enter into the Funding
Agreement with Axis and sign the Memorandum of Understanding with the other two cities to share
in the funding of this effort.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Funding Agreement between the City of Dublin and Axis Community Health
2) Memorandum of Understanding between The City of Dublin, The City of Livermore, and the
City of Pleasanton
City Fair Share Contribution
(without grant approval)
Fair Share Contribution
(with grant approval)
Dublin $107,165 $23,831.67
Livermore $107,165 $23,831.67
Pleasanton $107,165 $23,831.67
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Attachment 1
Consulting Services Agreement between City of Dublin and April 1, 2021
Axis Community Health for Mental Health Urgent Care Services Pilot Program Page 1 of 13
FUNDING AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
AXIS COMMUNITY HEALTH FOR
MENTAL HEALTH URGENT CARE SERVICES PILOT PROGRAM
THIS AGREEMENT is made by and between the City of Dublin (“City”) and Axis Community Health
(“Axis”) (together sometimes referred to as the “Parties”) as of _________________ 2021 (the “Effective
Date”).
RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties
acknowledge and agree are true and correct:
a. The need for mental health services in the Tri-Valley has increased dramatically over the last
decade and has been further exacerbated by the COVID-19 Pandemic.
b. Residents of the Tri-Valley have limited access to immediate mental health services, often resulting
in individuals and families calling 911, utilizing an emergency room for immediate treatment,
navigating a complicated delivery system, or waiting until an appointment with their provider is
available.
c. To address this growing need and lack of access, Axis has proposed the innovative solution of
creating a Mental Health Urgent Care Center which will be available to all members of the
community, regardless of income or insurance status.
d. The City of Dublin along with the Cities of Livermore and Pleasanton, want to support this solution
by contributing to the financial cost of the Mental Health Urgent Care Center, and have entered into
a Memorandum of Understanding clarifying the funding responsibilities of each entity, with the City
of Dublin serving as the fiduciary agent and contracting agency with Axis.
Section 1.SERVICES. Subject to the terms and conditions set forth in this Agreement, Axis shall
provide services described in the Scope of Work attached as Exhibit A at the time and place and in the
manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement
and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2022. Axis shall provide the work described in Exhibit A on or before that
date, unless the term of the Agreement is otherwise terminated or extended, as provided
for in Section 8.
1.2 Standard of Performance. Axis 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 Axis is engaged.
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1.3 Assignment of Personnel. Axis shall assign only competent personnel to perform
services pursuant to this Agreement.
1.4 Time. Axis shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Axis’s obligations hereunder.
1.5 Reporting Requirements.Axis shall provide quarterly reports to City including the data
and information identified in Exhibit C.
Section 2.COMPENSATION.
City hereby agrees to pay Axis a sum of $44,369 for “Project Budget Start Up Costs” as further described in
Exhibit A. City hereby agrees to pay Axis a sum of $27,126 for “Project Budget Year 1 Costs” as further
described in Exhibit A, which assumes Alameda County Department of Behavioral Health Services
(“County”) provides first year funding in the amount of $250,000. If the County does not provide such
compensation, the City hereby agrees to pay a total amount of $277,126 for “Project Budget Year 1 Costs.”
The total maximum amount payable under this Agreement shall not exceed $321,495 notwithstanding any
contrary indications that may be contained in Axis’s proposal, for services to be performed and
reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Axis’s proposal, attached as Exhibit A, regarding the
amount of compensation, the Agreement shall prevail. City shall pay Axis 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 Axis for services rendered pursuant to this Agreement. Axis shall submit all
invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Axis
shall not bill City for duplicate services performed by more than one person.
Axis and City acknowledge and agree that compensation paid by City to Axis under this Agreement is
based upon Axis’s estimated costs of providing the services required hereunder, including salaries and
benefits of employees and subcontractors of Axis. Consequently, the Parties further agree that
compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities
to which Axis 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. Axis shall submit invoices, not more often than quarterly during the term of this
Agreement, for a sum that is equal to or not more than one-fourth of the not to exceed
amount.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed. City shall have 30 days from the receipt of an invoice
that complies with all of the requirements above to pay Axis.
2.3 Total Payment. City shall pay for the services to be rendered by Axis pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever
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incurred by Axis 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 Axis submit any invoice for an amount in excess of the maximum amount
of compensation provided above either for a task or for the entire Agreement, unless the
Agreement is modified prior to the submission of such an invoice by a properly executed
change order or amendment.
2.4 Payment of Taxes. Axis is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.5 Payment upon Termination. In the event that the City or Axis terminates this Agreement
pursuant to Section 8, the City shall compensate the Axis for all outstanding costs and
reimbursable expenses incurred for work satisfactorily completed as of the date of written
notice of termination. Axis shall maintain adequate logs and timesheets to verify costs
incurred to that date.
2.6 Authorization to Perform Services. The Axis is not authorized to perform any services
or incur any costs whatsoever under the terms of this Agreement until execution of this
agreement by the City of Dublin.
Section 3.FACILITIES AND EQUIPMENT. Except as set forth herein, Axis shall, at its sole cost and
expense, provide all facilities and equipment that may be necessary to perform the services required by this
Agreement.
Section 4.INSURANCE REQUIREMENTS. Before fully executing this Agreement, Axis, at its own
cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Axis and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Axis shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Axis 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 Axis's bid or proposal. Axis shall not allow any subcontractor to
commence work on any subcontract until Axis has obtained all insurance required herein for the
subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE
REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO
EXECUTION. Axis shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Axis 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 Axis. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
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Axis may rely on a self-insurance program to meet these requirements, but only if
the program of self-insurance complies fully with the provisions of the California
Labor Code. Determination of whether a self-insurance program meets the
standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Axis, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Axis shall submit the
following:
a.Certificate of Liability Insurance in the amounts specified in the section;
and
b.Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Axis, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a.The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
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b.City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Axis; or automobiles owned, leased,
hired, or borrowed by the Axis.
c.Axis hereby agrees to waive subrogation which any insurer or contractor
may require from vendor by virtue of the payment of any loss. Axis
agrees to obtain any endorsements that may be necessary to effect this
waiver of subrogation.
d.For any claims related to this Agreement or the work hereunder, the Axis’s
insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Axis’s insurance and shall not contribute
with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Axis shall submit the
following:
a.Certificate of Liability Insurance in the amounts specified in the section;
b.Additional Insured Endorsement as required by the section;
c.Waiver of Subrogation Endorsement as required by the section; and
d.Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Axis, at its own cost and expense, shall maintain for the
period covered by this Agreement professional liability insurance for licensed
professionals performing work pursuant to this Agreement in an amount not less
than $2,000,000 covering the licensed professionals’ errors and omissions. Any
deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a.The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b.Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
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c.If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Axis shall purchase an extended period coverage for a
minimum of 5 years after completion of work under this Agreement.
d.A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Axis shall submit the
Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Axis shall furnish City with complete copies of all Certificates of Liability Insurance
delivered to Axis by the insurer, including complete copies of all endorsements
attached to the policies. All copies of Certificates of Liability Insurance and
certified endorsements shall show the signature of a person authorized by that
insurer to bind coverage on its behalf. If the City does not receive the required
insurance documents prior to the Axis beginning work, it shall not waive the Axis’s
obligation to provide them. The City reserves the right to require complete copies
of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Axis shall disclose to and obtain the
written approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement. At
the option of the City, either: the insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects the City, its officers, employees, and
volunteers; or the Axis shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
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4.4.6 Subcontractors. Axis shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Axis 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
Axis’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 Axis to stop work under this Agreement or withhold any payment that becomes
due to Axis hereunder, or both stop work and withhold any payment, until Axis
demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5.INDEMNIFICATION AND AXIS’S RESPONSIBILITIES. Refer to the attached Exhibit B,
which is incorporated herein and made a part of this Agreement.
Section 6.STATUS OF AXIS.
6.1 Relationship of Parties. Nothing contained in this Agreement shall be construed as
creating the relationship of employer and employee or principal and agent between City
and Axis or Axis’s agents or employees, and Axis shall at all times be wholly responsible
for the manner in which it or its agents, or both, perform under this Agreement. .
6.2 Axis Not an Agent. Except as City may specify in writing, Axis shall have no authority,
express or implied, to act on behalf of City in any capacity whatsoever as an agent. Axis
shall have no authority, express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
Section 7.LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Axis and any subcontractors shall comply with all
laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Axis’s failure to comply with any law(s) or regulation(s)
applicable to the performance of the work hereunder shall constitute a breach of contract.
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Axis and any subcontractors shall
comply with all applicable rules and regulations to which City is bound by the terms of such
fiscal assistance program.
7.4 Licenses and Permits. Axis represents and warrants to City that Axis 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. Axis
represents and warrants to City that Axis and its employees, agents, any subcontractors
shall, at their sole cost and expense, keep in effect at all times during the term of this
Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Axis and any subcontractors shall
obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Axis shall not discriminate, on the basis of a
person’s race, sex, gender, religion (including religious dress and grooming practices),
national origin, ancestry, physical or mental disability, medical condition (including cancer
and genetic characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political affiliation or belief,
military/veteran status, or any other classification protected by applicable local, state, or
federal laws (each a “Protected Characteristic”), against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Axis under this Agreement.
Axis shall include the provisions of this Subsection in any subcontract approved by the
Contract Administrator or this Agreement.
Section 8.TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement upon 30 days’ notice and without cause
upon written notification to Axis.
Axis may cancel this Agreement upon 30 days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Axis shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such
compensation upon Axis delivering to City any or all documents that are specific to this
program and 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. Axis understands and
agrees that, if City grants such an extension, City shall have no obligation to provide Axis
with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to
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reimburse Axis 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 Axis recognize and agree that this
Agreement contemplates personal performance by Axis and is based upon a
determination of Axis’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 Axis. Axis may not assign this
Agreement or any interest therein without the prior written approval of the Contract
Administrator. Axis 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 Axis shall survive the
termination of this Agreement.
Section 9.KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Axis’s Performance. During the term of this Agreement,
Axis shall permit representatives of City, at all reasonable times, to have access to,
examine, and make copies, at City's expense, of Grantee’s books, records, and
documents relating to this Agreement, in accordance with applicable law.
9.2 Axis’s Books and Records. Axis shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services or expenditures and disbursements charged to the City
under this Agreement for a minimum of 3 years, or for any longer period required by law,
from the date of final payment to the Axis to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Axis to maintain shall be made available for inspection, audit, and/or
copying at any time during regular business hours, upon oral or written request of the City.
Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10.MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
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that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 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. Axis 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. Axis may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Axis in a
“conflict of interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
Axis shall not employ any City official in the work performed pursuant to this Agreement.
No officer or employee of City shall have any financial interest in this Agreement that
would violate California Government Code Section 1090 et seq.
Axis hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Axis was an employee, agent,
appointee, or official of the City in the previous 12 months, Axis warrants that it did not
participate in any manner in the forming of this Agreement. Axis understands that, if this
Agreement is made in violation of California Government Code Section 1090 et seq., the
entire Agreement is void and Axis will not be entitled to any compensation for services
performed pursuant to this Agreement, including reimbursement of expenses, and Axis will
be required to reimburse the City for any sums paid to the Axis. Axis understands that, in
addition to the foregoing, it may be subject to criminal prosecution for a violation of
California Government Code Section 1090 et seq., and, if applicable, will be disqualified
from holding public office in the State of California.
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At City’s sole discretion, Axis may be required to file with the City a Form 700 to identify
and document Axis’s economic interests, as defined and regulated by the California Fair
Political Practices Commission. If Axis is required to file a Form 700, Axis is hereby
advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare
it.
10.8 Solicitation. Axis 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 Axis shall be sent to:
Axis Community Health
Attn: Sue Compton, CEO
5925 W. Las Positas Blvd. Ste. 100
Pleasanton, CA 94588
Any written notice to City shall be sent to:
City of Dublin
Attn: Linda Smith, City Manager
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Axis and supersedes all prior negotiations, representations,
or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Indemnification
Exhibit C Reporting Requirements
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Axis’s signature below Axis certifies that
Axis, and any parent entities, subsidiaries, successors or subunits of Axis are not identified
on a list created pursuant to subdivision (b) of Section 2203 of the California Public
Contract Code as a person engaging in investment activities in Iran as described in
subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section
2202.5 of the California Public Contract Code, as applicable.
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SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN AXIS COMMUNITY HEALTH
Linda Smith, City Manager Sue Compton, CEO
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3695844.1
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EXHIBIT A
SCOPE OF SERVICES
PROJECT PROPOSAL: Mental Health Urgent Care Services for Tri-Valley Residents
Prepared by:
Sue Compton, CEO
Dr. Jennifer Penney, Chief of Behavioral Health Services
Valerie Jonas, Chief Development Officer
A Growing Need in Our Community
The need for mental health services in the Tri-Valley has increased dramatically in the last decade and has
been further exacerbated by the COVID pandemic. A growing number of people are experiencing
depression and anxiety, and the number of involuntary detentions for 72-hour psychiatric hospitalizations
(5150s) continues to increase. Stanford HealthCare-ValleyCare’s 2019 Community Health Needs
Assessments identified behavioral health/mental health as the number one priority out of eleven health
needs in the Tri-Valley. All three Tri-Valley school districts indicate growing concerns regarding student
mental health issues, and local law enforcement agencies are recording growing numbers of psychiatric
calls, which involve all ages, from children to seniors.
Limited Access to Immediate Treatment
Tri-Valley providers, including Axis Community Health, have responded to the increasing need for mental
health services by expanding capacity for ongoing treatment. Yet, even with increased capacity, patients--
particularly those who have not yet established care with a provider—frequently wait weeks for an
appointment with a licensed therapist or psychiatrist. Families that have health insurance face a confusing
array of options for services that requires an intake process and often results in placement on a waiting list
for services. Uninsured patients have limited choices for services and, because service providers are
overburdened, often face delays in accessing care. Patients and families are left with the choice of calling
911, utilizing an emergency room for immediate treatment, navigating a complicated delivery system, or
waiting until an appointment with their provider is available. All of these choices are especially difficult in a
crisis situation.
The inability to access assessment and treatment in a timely manner negatively impacts patients and those
who care about them, including families and friends. The waiting period for assessment and treatment
prolongs patient suffering and can exacerbate symptoms, leading to a more acute situation. Patients in
distress arrive with increasing frequency at emergency rooms at Stanford Health Care – ValleyCare, Sutter
Health, John Muir, Kaiser Permanente or Alameda County’s John George Psychiatric Hospital—either
voluntarily or involuntary (5150). Local law enforcement agencies are often involved as well, both in
situations that could be handled effectively with a mental health professional or in more concerning
situations in which the patient is combative or potentially a risk to others.
Once assessed in an emergency department setting, a lack of community-based resources often results in
a challenge in connecting the patient and family with non-emergency room assessment, treatment and care
coordination. The result is a significant gap in accessing continuing behavioral health care services. Those
who reach out for assistance from law enforcement face the difficult choice of being 5150’d or having to
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seek help via local medical and social service entities – which can be especially problematic for issues that
arise outside of standard business hours. Families are often left with the difficult choice of having their
loved one sent to John George Hospital in San Leandro for a 72-hour hold or trying to manage the situation
on their own. This type of situation is especially concerning for youth that are experiencing a psychiatric
emergency, as parents must choose to have their child placed on a psychiatric hold at a site in Oakland –
which can be additional trauma for the child – or they must try to handle the situation with little or no
professional assistance.
As these scenarios demonstrate, the behavioral health care system is fragmented and siloed, and services
are not interconnected. Patients arrive at care entry points that may not have the capability of coordinating
with other available resources. This makes transitions from provider-to-provider and/or care level-to-care
level difficult for patients and their families. This is especially challenging when patients are released from
72-hour holds and are not given resources for continuing care. Additionally, there is not an effective system
for connecting patients and their families to resources to help guide and support them in achieving
wellness.
Current resources in the Tri-Valley include an array of private providers who are affiliated with local
hospitals and health plans. Axis Community Health is the predominant provider of counseling services for
low income and uninsured Tri-Valley residents. There are also several smaller nonprofit agencies that
provide limited services. Most providers – both private as well as nonprofit – have full caseloads. There
are three additional nonprofit organizations that provide some support services, however, they are not
providers of direct services.
Proposal: Establishment of a Mental Health Urgent Care Center
In response to these substantial gaps in access to care and coordinated support, Axis proposes an
innovative solution: the creation of a Mental Health Urgent Care Center. This center will be available to all
members of the community, regardless of income or insurance status. Individuals and families with urgent
mental health needs will be able to call for same-day appointments. During the COVID pandemic, services
will be provided via telehealth; long term plans would include a walk-in access point as well. The center will
serve as a central entry point for assessment, triage, treatment, and care coordination for anyone seeking
mental health treatment, regardless of insurance type or status. Like a medical urgent care setting, Axis
MH Urgent Care will provide assessment and timely connection to services--in a setting that is less costly
than an emergency department.
The MH Urgent Care staff will include a care coordinator, a licensed therapist, and an on-call psychiatrist.
The service will be under the direction of Axis’s Chief of Behavioral Health Services, who is a licensed
psychologist. Staff will utilize mental health screening tools, conduct bio-psychosocial diagnostic
assessments and provide brief counseling and trauma treatment. Psychiatric care will be provided via
telehealth for patients that require medication management, and patients will be connected to an ongoing
treatment provider that is appropriate to their needs. Like medical urgent care, staff will see patients with
an immediate need, and assist in coordinating care that connects patients (and families) to ongoing care
with a provider and behavioral health support resources.
Patients visiting the MH Urgent Care Center will be assessed to determine where their condition falls in the
diagnostic range that includes: 1) mild to moderate, 2) moderate, or 3) severe. Typically, the majority of
patients in a community setting are in the mild to moderate range. We anticipate that the majority of the
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patients that use the MH Urgent Care Center will be treatable at the site and/or via telehealth services. A
small percentage (estimated at 5%) will require medication prior to being able to benefit from treatment.
Under the guidance of the program’s psychiatrist, these patients will be referred to higher levels of care.
Staff will have the ability to conduct assessments for patients presenting with suicidal ideation and will
deescalate and avert 5150s when possible. Axis’s behavioral health providers are experienced at
intervening when suicidal thoughts are presented, and most often, following careful assessment and
development of a safety plan, a 5150 can be avoided.
Many patients will require medication either right away or eventually. The psychiatrist will prescribe for
patients enrolled in Medi-Cal plans; patients with other insurances will be referred to their providers for
medication. Even for patients who are medication-resistant, which is frequently the case, a visit to the MH
Urgent Care Center will help pave for the way for such intervention in the future.
Axis proposes piloting the MH Urgent Care model utilizing a telehealth model as well as at its site at W. Las
Positas Blvd. in Pleasanton. In the initial pilot, hours will be 3:00 pm to 8:00 pm, Monday – Friday, but
could be expanded, dependent upon funding availability and community need. Services would be available
for ages 5 and above, and available to individuals, couples and families. This service would be available to
anyone in the community, regardless of insurance type or lack of insurance. The MH Urgent Care Center
would provide an estimated 15 - 20 care coordination visits per week, and an estimated 15 - 20 counseling
visits per week. An estimated 500 unique patients would be served in year one, based upon 20 patients
per week with an average of 3 – 6 visits per patient over the course of several weeks as they get situated
with a provider for longer term care.
A New Community Resource
During the planning phase, Axis will engage with key community agencies and organizations to get their
input on developing and launching the MH Urgent Care Center. Once opened, Axis will publicize the MH
Urgent Care Center throughout the community. In particular, Axis will outreach to community agencies and
organizations that are frequently the first place a person having a mental or behavioral health difficulty
contacts. These include: health providers, safety-net organizations, the faith community, NAMI, police
departments, school personnel, and city personnel. Axis routinely receives calls from many of these
entities seeking information on how to best assist individuals who contact them for help. An Axis MH
Urgent Care Center would be the appropriate resource for all such inquiries.
Key Benefits of the MH Urgent Care Center
Axis believes strongly that this new model of access could have significant benefits for patients and the
health care system. Positive outcomes will include:
Reducing the number of emergency room visits for mental health needs
Reducing the number of calls for assistance from law enforcement
Reducing the number of involuntary psychiatric holds (5150s)
Increasing willingness of individuals to access treatment because the burden of cost will be
removed
Increasing willingness of individuals to access treatment because the Care Coordinator will assist
with connections to other needed resources
Decreasing the amount of time individuals with a mental health need wait to access treatment
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Reducing stigma associated with accessing mental health care by providing mental health urgent
care in a model that is similar to the medical urgent care model
Reducing stigma by integrating MH Urgent Care Center services alongside other services at the
Axis health center
Axis welcomes the opportunity to bring this bold, innovative MH Urgent Care Center service to our
community. Given our mission of providing community health care and our non-profit status, Axis is
uniquely positioned to address this gap in access to treatment. We believe partnering with Tri-Valley health
entities seeking to effectuate a true advancement in access to mental health services by utilizing
community benefit and other resources is a forward-thinking approach to the problem of immediate
treatment for urgent mental health needs.
Proposed Project Timeline
Months 1 – 3
Meet with key community agencies/organizations for input
Recruit and hire staff for the MH Urgent Care Center Pilot Project (Licensed Therapist, Care
Coordinator)
Engage telehealth psychiatric services
Prepare policies and procedures for MH Urgent Care
Prepare facility space for MH Urgent Care (Axis has existing space at its W. Las Positas Blvd. site
which would be activated once COVID restrictions allow))
Prepare and disseminate outreach materials for the MH Urgent Care Center in the community
Month 4
Open MH Urgent Care Center (telehealth services only pending re-opening of site based services,
estimated late 2021)
Month 10 – 11
Complete pilot evaluation, to include analysis of patient data, patient outcomes and demand for
services)
Month 12
Explore option to increase service availability via additional staff and/or hours
Space Intentionally Left Blank
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Project Budget - Start-Up (5/1/21 - 6/30/21)
Personnel Rate FTE Total
Clinical Supervision/Project oversight 88.00 0.30 $9,152
Licensed therapist (MFT/LCSW/PsyD)48.00 0.75 $12,480
Care coordinator 30.00 0.75 $7,800
Subtotal personnel $29,432
Fringe benefits @ 24%$7,064
Total personnel $36,496
Operating
Contractor: Psychiatrist 168.00
5
hours $840
Marketing development/materials/printing $3,000
Project administration @ 10%$4,033
Total operating $7,873
Start-up total $44,369
Project Budget Year 1 (7/1/21 – 6/30/22)
Personnel
Licensed therapist (LCSW/PsyD) 0.75 FTE @ $48.00/hour $74,880
Care coordinator (1.0 FTE @ 30.00/hour)$62,400
Clinical supervision (0.05 FTE @ 52.00/hour)$5,408
Subtotal personnel $142,688
Fringe benefits @ 24%$34,245
Total personnel $176,933
Operating expenses
Psychiatrist (on call consultant/ 8 hours/week)$70,000
Marketing activities and materials $5,000
Project administration/overhead (10% of project costs)$25,193
Total project/year 1 $277,126*
* Alameda County Department of Behavioral Health Services has provided indication of intent to provide
first year funding in the amount of $250,000. Pending approval, the remaining sum of $27,126 would be
requested per terms of this agreement.
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EXHIBIT B
INDEMNIFICATION
Axis shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
elected officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation)
(collectively, “Liability”) of every nature arising out of or in connection with Axis’s performance of the
services called for or its failure to comply with any of its obligations contained in this Agreement, except
such Liability caused by the sole negligence or willful misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Axis to indemnify
shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Axis’s obligation to defend and indemnify shall not be excused because of the Axis’s inability to
evaluate Liability or because the Axis evaluates Liability and determines that the Axis is not liable to the
claimant. The Axis must respond within 30 days to the tender of any claim for defense and indemnity by
the City. If the Axis fails to accept or reject a tender of defense and indemnity within 30 days, in addition to
any other remedy authorized by law, so much of the money due the Axis under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Axis accepts or rejects the tender of
defense, whichever occurs first.
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EXHIBIT C
REPORTING REQUIREMENTS
Axis shall provide to City a Quarterly Update Report by each of the following dates:
Reporting Period: Due to City by:
April 1 through June 30, 2021 July 20, 2021
July 1 through September 30, 2021 October 20, 2021
October 1 through December 30, 2021 January 20, 2022
January 1, through March 30, 2021 April 20, 2022
Each Quarterly Update Report shall include the following information:
1. Number of visits provided
2. Number of referrals provided
3. Number of referrals to emergency departments
4. Number of referrals to PD/5150’s
5. Patient demographic date (inclusive of zip code, ethnicity, gender, age)
6. Payer type (insurance/Medi-Cal/Medicare/other)
7. Number of patients using psychiatry services
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DUBLIN, THE CITY OF LIVERMORE, AND THE CITY OF PLEASANTON
FOR MENTAL HEALTH URGENT CARE SERVICES PILOT PROGRAM FUNDING
This Memorandum of Understanding (MOU) is entered into as of ___________________ 2021, by and
between the City of Dublin, The City of Livermore, and the City of Pleasanton (Cities or Parties).
RECITALS
a. Axis Community Health has proposed the creation of a Mental Health Urgent Care Center Pilot Program to
provide residents with access to urgent mental health services.
b. The Cities want to supplement the mental health services provided to residents of the Cities by participating
in this proposed pilot program.
c. The Cities desire to enter into this MOU to clarify the responsibilities of all parties in regard to funding the
Mental Health Urgent Care Services Pilot Program.
NOW, THEREFORE, in consideration of the promises herein, the parties agree as follows:
1. Contractor.The Cities agree to fund Axis Community Health (Contractor) for the operations and management
of the Mental Health Urgent Care Center Pilot Program.
2. Fiduciary Agent.The City of Dublin will act as the fiduciary agent and engage the Contractor in a Funding
Agreement with a term of 14 months, not to exceed $321,495 for Project Start Up Costs and Project Budget
Year 1 Costs as defined in the Funding Agreement attached as Exhibit A to this MOU.
3. Term.This Agreementshall commence onMay 1, 2021 and shall remain and continue in effect until June 30,
2022, unless amended or sooner terminated pursuant to the provisions of this MOU. Notwithstanding the
foregoing this MOU may be extended on a month-to-month basis for up to 3 months upon the written consent
of the Cities.
4. Compensation.Cities hereby agree to pay Contractor a sum not-to-exceed $321,495 for Project Start Up
and for Project Budget Year 1 Costs. The amount to be paid by each City shall be equal to one-third of the
above not-to-exceed amount. It should be noted that Contractor is expected to receive grant approval from
Alameda County Behavioral Health in the amount of $250,000 for Project Budget Year 1 Costs, which would
dramatically decrease the fair share contribution from each of the Cities as further shown below:
The City of Dublin will bill the City of Livermore and the City of Pleasanton their fair share contributionby May
1, 2021, or as soon as practicable thereafter. The City of Livermore and the City of Pleasanton agree to pay
the City of Dublin within 30 days of receiving an invoice from the City of Dublin.
5. Additional Parties.In the event that an additional party wishes to provide funding for this program, the Cities
shall cause this MOU to be amended to include the additional party and funding amount. Such additional
City Fair Share Contribution
(without grant approval)
Fair Share Contribution
(with grant approval)
Dublin $107,165 $23,831.67
Livermore $107,165 $23,831.67
Pleasanton $107,165 $23,831.67
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amount shall be deducted from the not-to-exceed amount and the residual balance paid for by Cities in equal
one-third portions. Amounts paid by the Cities above this amount will be refunded to the Cities within 30 days
of receiving payment from an Additional Party.
6. Termination.In the event that the Contractor’s Service Agreement is terminated, or the City of Dublin no
longer wises to serve as the fiduciary agent, the City of Dublin may cancel this MOU and any unspent funds
will be returned to the Parties proportionally based upon the amounts paid as reflected in Section 4.
7. Amendments.The Parties may amend this MOU only by a writing signed by all the Parties.
THIS AGREEMENT is executed the date and year first above written.
CITY OF DUBLIN CITY OF LIVERMORE
__________________________________________
Linda Smith, City Manager Marc Roberts, City Manager
Attest:Attest:
__________________________________________
City Clerk City Clerk
Approved as to Form:Approved as to Form:
__________________________________________
City Attorney City Attorney
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CITY OF PLEASANTON
Nelson Fialho, City Manager
Attest:
City Clerk
Approved as to Form:
City Attorney
3696772.1
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STAFF REPORT
CITY COUNCIL
Page 1 of 8
Agenda Item 7.2
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:SCS Property Community Outreach
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
The City Council will receive a report on a City-led community outreach process for the SCS
Property (the undeveloped property between Tassajara Road and Brannigan Street from just
northside of Gleason Drive to I-580), provide input on the guiding principles for the process, and
consider approval of an agreement with ELS Architecture & Urban Design to assist with the
community outreach.
STAFF RECOMMENDATION:
Review the proposed City-led community outreach process, provide input on the guiding
principles for the process and adopt the Resolution Approving a Consulting Services Agreement
Between the City of Dublin and ELS Architecture & Urban Design for the SCS Property Community
Outreach.
FINANCIAL IMPACT:
All costs associated with the community outreach process will be paid by the property owner. The
total cost, including the consulting services and the Urban Land Institute Technical Advisory
Panel, will not exceed $464,450. While the City’s Master Fee Schedule includes a 30 percent
overhead charge on consulting services, the City Manager recommends not charging the overhead
rate for the proposed consultant services. Community outreach for the SCS Property is different
than a typical development project in that it has been directed by the City Council and will be led
by Staff but will not result in any approval for development.
DESCRIPTION:
Background
The subject 76.9-gross-acre property is located north of I-580 between Tassajara Road and
Brannigan Street and extends to the north of Gleason Drive (Figure 1).
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Figure 1. Location Map
In October 2017, the City Council initiated a General Plan and Eastern Dublin Specific Plan
Amendment Study to evaluate changing the land use designations of the project site. The
property’s existing General Plan and Eastern Dublin Specific Plan land use designations are shown
in Figure 2 below.
Figure 2. Existing Land Use Designations
The applicant’s original proposal for the At Dublin project consisted of five land use designations
supporting up to 665 residential units, up to 400,500 square feet of commercial development,and
a 2.23-acre public park. The proposed land use designations and site plan are provided in Figures
3 and 4, respectively.
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Figure 3. Proposed At Dublin Land Use Designations (2018)
Figure 4. Proposed At Dublin Site Plan (2018)
On October 30, 2018, the Planning Commission adopted Resolution No. 18-24, recommending that
the City Council deny the General Plan and Eastern Dublin Specific Plan Amendments and the
entirety of the At Dublin project. The Planning Commission recommended denial on the basis that
the proposed project was not in the public’s best interest, and it was inconsistent with the
longstanding vision for these parcels which is for less housing and more office/commercial with a
town center feel and walkable environment.
In October 2019, the applicant submitted a revised project consisting of up to 566 residential units
composed of apartments, detached small-lot single family homes and 55-and-older age-restricted
single-family homes, and up to 240,000 square feet of retail commercial development. The revised
proposed land use designations and site plan are provided in Figures 5 and 6, respectively.
Figure 5. Proposed At Dublin Revised Land Use Designations (2019)
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Figure 6. Proposed At Dublin Revised Site Plan (2019)
On February 25, 2020, the Planning Commission recommended that the City Council deny the At
Dublin project again (Resolution 20-05). The Commission commented that the proposed project
was an improvement to the previous project presented in 2018, including the addition of the age-
qualified housing. However, they expressed concerns regarding traffic, the little amount of
commercial and retail, the parking layout, the new signalized intersection, and the project’s lack of
contribution to the Tassajara “gateway.”
On August 18, 2020, the City Council,by motion,denied the At Dublin project without prejudice
and directed Staff to leave the General Plan Amendment Study open and work with the property
owner to conduct a community outreach process to gather input on the future use and
development of the property.
Community Outreach Guiding Principles
Staff and the property owner are seeking City Council’s concurrence on principles that will guide
the public outreach process and create a foundation for a preferred plan. Below are the proposed
guiding principles.
1.The goal of the outreach process is to gain consensus on preferred land use and future
development of the property.
2.The outreach process will include a variety of interested parties including the property
owner, adjacent property owners (i.e., Grafton, Lowe’s),adjacent homeowner’s
associations and the Dublin Chamber of Commerce.
3.The preferred plan will create the framework for a mixed-use private project including
limited public amenities.
4.The preferred plan will establish minimum residential densities.
5.The preferred plan will meet the goals of the property owner to create a financially and
economically feasible project in the current market and long-term sustainability for the
City.
Community Outreach Program Overview
In response to the City Council’s direction, Staff is proposing a two-prong approach to gain
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consensus on acceptable land uses and future development of the property. The proposed
approach includes utilizing an Urban Land Institute Technical Advisory Panel (ULI TAP) to create
a foundation for future discussion and a consultant team to assist in engaging the community.
Details on these two efforts is provided below.
Urban Land Institute Technical Advisory Panel
The ULI TAP program provides expert, multidisciplinary advice to local governments on complex
land use issues ranging from site-specific projects to public policy questions. It is envisioned that
the ULI TAP will provide input and recommendations on land uses that optimize the synergy
between land use, economic development, and community compatibility for the SCS property.
The ULI TAP is tentatively scheduled for June 2021. The cost for the ULI TAP is $25,000, which is
within the City Manager’s signature authority and is therefore not included in the attached
Resolution approving consulting services.
Consultant Team
On September 2, 2020, the City released a Request for Proposals (RFP) seeking the services of
qualified consultants with expertise in land use planning and community engagement to assist
with a public outreach process. The selected consultant team would build off the ULI TAP work
product as part of its planning and outreach program.
Three proposals were received in response to the RFP. After reviewing the proposals and
considering the qualifications of each consultant team, Staff recommends that the City utilize ELS
Architecture & Urban Design for this work. The consultant team will work with the community,
property owner, City Staff and other stakeholders to identify viable land uses and development
options for the property. The work will be driven by the guiding principles (above) and consider
feedback from the community, Staff, and City Council, financial and economic feasibility, and goals
of the property owner. The recommended multidisciplinary consultant team is composed of:
ELS Architecture & Urban Design – Project management and urban design
Urban Field Studio – Community engagement
Retail Real Estate Resources - Commercial real estate strategy
Bernese Lane Partners - Residential development
Keyser Marston Associates - Financial feasibility
Kimley-Horn – Traffic and related opportunities and constraints
Considering the protocols necessary to adhere to health guidelines surrounding COVID-19, the
community outreach program will be focused on online engagement activities and will include a
website that will be a clearinghouse for all project-related information. In coordination with the
consultant team, Staff is proposing the following community outreach activities over the course of
the coming year.
Community Outreach Activities
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Task A: Background Research – The consultant team will identify physical, political, and
financial opportunities and constraints, working with key stakeholders, and will begin
building a relationship with the community through a Community Advisory Committee
(CAC). As part of this task, the consultant team will review relevant planning documents
and site history, conduct urban design site analysis, evaluate geographic infrastructure
constraints and opportunities, and complete a market analysis.
Task B: Public Facing Engagement – The consultant team will create a website and
survey to begin to build a relationship with the broader community and explore
development of the site. This task will establish project goals, explore a potential range of
development, and provide insight into the City’s Regional Housing Needs Allocation
(RHNA) obligations.
Task C: Land Use Framework – The consultant team will develop and share three broad
planning concepts, which will consist of different approaches to land planning for the
property and the general organization of parcels, streets, and public spaces. As part of this
task, the consultant team will explore other development case studies, and prepare an
economic viability memo and an educational video. The “Consensus Through Education”
video will be used to summarize the process and provide an overview of Tasks A-C and
create a foundation for the preferred plan (Task D).
Task D: Preferred Plan – The consultant team will focus on presenting and receiving
input on the preferred plan. Presentation of the preferred plan will include a summary of
findings from community outreach, feedback on the initial three land plans, and an
architectural workshop. The economic viability memo will also be updated to reflect the
preferred plan and input received.
Task E: General Plan Amendment Study Recommendation – The consultant team will
prepare a recommendation memo to support a General Plan Amendment, if needed.
Based on feedback from the community, property owner, City Staff, and the City Council, the
consultant team will prepare a site master plan. The plan will be developed with the following
details:
Land use plan including the organization of parcels, streets, and public spaces.
Architectural prototypes for development capacities, including residential and commercial
uses.
Overall building massing, including scale of buildings, public streets, parks, and plazas; four
focused renderings will convey character.
Connectivity within the site and to the surrounding neighborhood context.
Phasing plan for the commercial district illustrating near- and long-term build-out.
Conceptual plans for up to two feature public spaces (one residential oriented, one
commercial oriented).
Table 1 below provides a tentative schedule for the community outreach activities described
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above.
Table 1. Tentative Schedule
Task A
Background
Research
Task B
Public Facing
Engagement
Task C
Land Use
Framework
Task D
Preferred Plan
Task E
GPA Study
Recommendation
April 2021 August 2021 October 2021 January 2022 April 2022
Meeting with
Staff
Meeting with
Staff
Meeting with
Staff
Meeting with
Staff
Meeting with Staff
Build Project
Website
Project
Website
Update
Project Website
Update
Project Website
Update
Landowner
Engagement
Meeting #1
Landowner
Engagement
Meeting #2
Landowner
Engagement
Meeting #3 &
#4
CAC1 Meeting
#1
CAC Meeting
#2
CAC Meeting #3
Synchronous
Community
Meeting #1
Synchronous
Community
Meeting #2
Synchronous
Community
Meeting #3
Asynchronous
Community
Survey #1
Asynchronou
s Community
Survey #2
Asynchronous
Community
Survey #3
Planning
Commission
Meeting #1
Planning
Commission
Meeting #2
Planning
Commission
Meeting #3
City Council
Meeting #1
City Council
Meeting #2
City Council
Meeting #3
“Consensus
Though
Education”
Video
Recommendation
Memo
1 This approach includes forming a Community Advisory Committee (CAC) composed of both proponents and opponents of previous development projects on the SCS Property.
STRATEGIC PLAN INITIATIVE:
None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving a Consulting Services Agreement Between the City of Dublin and ELS
Architecture & Urban Design for the SCS Property Community Outreach
2) Exhibit A to the Resolution - Consulting Services Agreement
3) Exhibit A to the Agreement - ELS Response to Request for Proposals
4) Exhibit B to the Agreement - ELS Compensation Schedule
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Attachment 1
RESOLUTION NO. XX - 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN
AND ELS ARCHTICTURE & URBAN DESIGN FOR THE SCS PROPERTY COMMUNITY
OUTREACH
WHEREAS,on August 18, 2020, the City Council denied the At Dublin project on the SCS
Property without prejudice and directed Staff to leave the General Plan Amendment Study open
and work with the property owner to conduct a community outreach process to gather input on
the future use and development of the property; and
WHEREAS,in response to the City Council’s direction, the City released a Request for
Proposals seeking the services of qualified consultants with expertise in land use planning and
community engagement to assist the City with a public outreach process; and
WHEREAS, Staff reviewed the three proposals received in response to the Request for
Proposals, and selected ELS Architecture & Urban Design to provide land use planning and
community outreach for the SCS Property; and
WHEREAS,a budget not to exceed $399,500 has been developed for the SCS Property
Community Outreach. Furthermore, in the event that both the City and the Applicant/Property
Owner agree that additional tasks are necessary to successfully complete the project, the City
Council authorizes the City Manager to approve an increase to the scope and budget not to
exceed 10 percent; and
WHEREAS, ELS Architecture & Urban Design will perform the work outlined in the Scope
of Work and Fee Proposals once the contract is executed and once the Applicant/Property Owner
has funded the Developer Deposit Account to complete the work; and
WHEREAS,the City’s Master Fee Schedule includes a 30 percent overhead charge for
consultant services; however, the SCS Property Community Outreach is different than a typical
development project in that it has been directed by the City Council, which the property owner has
agreed to, but will not result in any approval for development. Therefore, the overhead rate for the
proposed consultant services will not be applied for this work.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council authorizes the City
Manager to execute a Consulting Services Agreement between the City of Dublin and ELS
Architecture & Urban Design, attached hereto as Exhibit A for the SCS Property Community
Outreach with a budget not to exceed $399,500 plus 10 percent contingency for a total of
$439,450.
PASSED, APPROVED, AND ADOPTED this 2
nd day of March, 2021 by the following vote:
AYES:
NOES:
217
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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Attachment 2
Consulting Services Agreement between City of Dublin and [MM/DD/YYYY]
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
ELS ARCHITECTURE & URBAN DESIGN
FOR
PLANNING, FACILITATION AND OUTREACH FOR SCS PROPERTY
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
ELS Architecture & Urban Design (“Consultant”) (together sometimes referred to as the “Parties”) as of
____________, 2021 (the “Effective Date”).
Section 1.SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on May 31, 2022, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2.COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $399,500,
notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the
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Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall
not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
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include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3.FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
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City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4.INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a.Certificate of Liability Insurance in the amounts specified in the section;
and
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b.Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a.The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b.City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c.Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d.For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
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or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a.Certificate of Liability Insurance in the amounts specified in the section;
b.Additional Insured Endorsement as required by the section;
c.Waiver of Subrogation Endorsement as required by the section; and
d.Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a.The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b.Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c.If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d.A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
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4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
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Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5.INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6.STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7.LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
226
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Consulting Services Agreement between City of Dublin and [MM/DD/YYYY]
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8.TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
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
227
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Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments.The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9.KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
228
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Consulting Services Agreement between City of Dublin and [MM/DD/YYYY]
___ for ___Page 11 of 14
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10.MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 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.
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10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Ryan Call
ELS Architecture & Urban Design
2040 Addison Street
Berkeley, CA 94704
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Any written notice to City shall be sent to:
City of Dublin
Attn: Amy Million, Principal Planner
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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Attachment 2
Consulting Services Agreement between City of Dublin and [MM/DD/YYYY]
___ for ___Page 14 of 14
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN ELS Architecture & Urban Design
Linda Smith, City Manager [NAME, TITLE]
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
232
Attachment 2
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___ for ___ Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
233
Attachment 2
Consulting Services Agreement between City of Dublin and Last revised [MM/DD/YYYY]
___ for ___ Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
234
Attachment 2
EXHIBIT C
INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
elected officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation)
(collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the
services called for or its failure to comply with any of its obligations contained in this Agreement, except
such Liability caused by the sole negligence or willful misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense
and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the
City, may be retained by the City until disposition has been made of the claim or suit for damages, or until
the Consultant accepts or rejects the tender of defense, whichever occurs first.
235
Dublin SCS Property
Planning, Facilitation & Public Outreach Services
Response to Request for Proposal
October 28th, 2020
Attachment 3
236
Contents
1. Introduction
2. Scope of Work
3. Process and Schedule
4. Personnel, Equipment and Facilities
5. Qualifications & References
6. Cost Schedule
7. Statement of Offer and Signature
8. Comments on Consultant Agreement
+ Appendix: Resumes
3
5
11
12
14
18
20
20
2
September 30, 2020
Dear Ms. Million,
We greatly appreciate this opportunity to present our proposal for Planning, Facilitation and
Public Outreach Services at the SCS Property for the City of Dublin. This property offers the
chance to build much needed housing and to create a meaningful and fulfilling place for the
community to enjoy. We will help the City employ a transparent, consensus-oriented process
involving listening, idea exploration and collaborative design. Our goal is to build trust and align
the public’s interest with the obectives of those in the private sector who will be building the
vision we create.
We recognize that the character of this area of Dublin has its own unique context and that the
potential program of the site will require expertise in residential development of a different
scale than on our effort in Downtown Dublin. To that end, our team has executive-level
experience in homebuilding (much of it in Dublin) to support productive engagement with the
landowners and add greater realism to our design.
Lastly, we realize that in order for the community to fully support the vision it must go
beyond the plan and capture the more subjective challenge of character. We have proposed
in our outreach a discussion on architecture that is designed to educate but also to reveal
preferences in the community.
We hope that the following proposal clearly outlines our approach and enthusiasm to
collaborate with the City of Dublin. We are happy to discuss in detail any questions you might
have and can provide any additional information you might need to move forward.
Should you have any questions, please do not hesitate to contact Ryan Call at 510.260.4306
or email rcall@elsarch.com.
Sincerely,
Ryan Call, AIA | Principal
ELS Architecture & Urban Design
Jane Lin, AIA | Founding Principal
Urban Field Studio
237
3
The Dublin SCS property is a key parcel in the development of
the City of Dublin. The adjacent Tassajara Road extends through
a suburban, rural and urban landscape, connecting Danville and
Dublin before it becomes Santa Rita Road and eventually turns into
Pleasanton’s Main Street. The borders of this property represent
nearly every scale of development, encompassing a full spectrum
of residents and commercial tenants. It is no surprise that with
this dynamic address and prominence, the question of what this
site “should be” has no single answer or form of development.
These characteristics mean that the site is at odds with the typical
approach to suburban development, where guidelines often rely on
efficiency, repetition and covering large areas of land with one or
two product types.
Proposals for the site, while high in material quality, have not yet
presented a vision that is acceptable to City Council and the
community. We are eager to learn more about why the past
proposals didn’t work and to understand the concerns. We see this
process as an opportunity to explore, discuss, and consider the
factors that shape development.
Building on our collaboration for the Downtown Dublin plan, ELS and
Urban Field Studio are teaming again, with ELS as prime. Our team
holds the following strengths:
ELS brings a highly informed perspective through our work with
private developers and skills in master planning and architecture.
Urban Field Studio (UFS) will customize the community engagement
approach, drawing on extensive and innovative experience in online
public engagement from an urban design lens.
Retail Real Estate Resources (RRER) will provide insight into the
rapidly changing commercial landscape, offering crucial local
knowledge of what works and what doesn’t.
Keyser Marston Associates (KMA) gives us the ability to test and tune
our assumptions regarding the financial feasibility of our proposals.
Bernese Lane Partners, which we have added to our group for this
effort, brings executive level experience in the homebuilding sector,
much of it in Dublin. They will assist in our discussions with private
stakeholders and help the team understand residential market
conditions specific to Dublin.
This collaborative team structure represents an important advantage
when planning a challenging, even controversial, site. We believe
that the landowner deserves a clear picture of what they must
do, and we must in turn communicate their constraints to the
community. We strive to build our platform around finding real-
world consensus, on behalf of the community and the landowner.
PUBLIC OUTREACH PLAN DEVELOPMENT
The goal of this exercise is to facilitate a vision that excites the
community as much as the developers who will build it. This vision
will complete the General Plan Amendment study that was left open
by City Council.
The public outreach plan for the site will include the community,
property owner, and City Staff. Our recommendation includes
forming a Community Advisory Committee (CAC) composed of
both proponents and opponents of the projects to serve as a
focus group. We also anticipate a ULI TAP will be convened at the
beginning of the project. Our strategy for engaging those who are
concerned about this development includes offering different levels
of involvement, ways of understanding the site, and attracting broad
participation so that ownership of the conclusions is shared and
championed.
Prior to the beginning of the COVID-19 pandemic, our team was
experimenting with the online tools that are required for community
engagement today. There are many options available - Maptionnaire,
Neighborland, CoUrbanize, each of which addresses a different
need. For this work, we will create a central project website with
exhibits and activities that will be accessible to participants on their
1. Introduction
238
PUBLIC OUTREACH PLAN DEVELOPMENT cont.
4
Diverse Expertise
We have assembled a team able to speak
to the various voices in the community,
whether it is the long term resident worried
about traffic and growth, the developer who
would just like to get something built, the
tenants who see an opportunity to open in
Dublin, or a City Council whose very job is
determining how Dublin grows and responds
to the needs of existing residents as well as
the needs of future generations.
ELS + UFS
RRER
KMA
Bernese
LaneCommercial
Development
Financial
Feasibility
Residential
Development
Design and
Outreach
own time and use events and messaging to draw them in. Visual
communication has always been a strength of our team - whether
through renderings, graphic layouts, video, or in combination. Now
that we live our lives online and are accessing information largely
asynchronously, our planning work needs to speak for itself.
Over the last few months, we have become adept at transforming
what would have been in-person community meetings into engaging
synchronous events, using Zoom and a host of online tools to deliver
charrettes and workshops. We have designed highly interactive
public virtual events for groups of 10-50 people and conducted
webinars reaching many more. Our facilitation skills, developed
over years of live community events, have been adapted for virtual
engagements.
We invite you to see what we have done for the City of Milpitas (https://
www.milpitasmetro.org/), the City of San Leandro (https://www.
sldevelopmentstandards.com/), the City of Albany (https://www.
sanpablospecificplan.org/), and the Delta Protection Commission. The
online community engagement approach for this project in Dublin would
be tailored to involve as many participants as possible, in a straightforward
way with visually appealing and inviting design.
PROCESS
Our process in outline form is as follows:
A. Background Research - Identify physical, political, financial
opportunities and constraints, with key stakeholders and a
Community Advisory Committee
B. Public Engagement - Explore, Learn and Listen. Establish
a relationship with the community using a comprehensive
communications plan with a website and survey, and online
events and activities for dialogue.
C. Land use Framework – Create land use framework options
that respond to the input from stakeholder groups to explain
and explore the tradeoffs of various schemes and the
development process through educational outreach, with the
objective of building consensus to set the foundation for the
preferred plan.
D. Preferred Plan - The preferred plan will be prepared with
supporting financial analysis, three-dimensional exhibits in a
digital format for presentation to the Community.
E. General Plan Amendment Study Recommendation - A
concise report will be prepared to recommend land use and
development policy to amend the General Plan.
F. Implementation Support - Work with landowners as advisors
reviewing development proposals
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5
Task A: Background Research
For Task A, we will identify the political, physical, and financial
opportunities and constraints, working with key stakeholders. We will
also begin building a relationship with the landowner, Community
Advisory Committee (CAC), City Council and Planning Commission.
Background Research will be conducted parallel with ULI TAP. The
background research, combined with the ULI TAP, will help inform
our content for Task A Outreach.
Planning Document Review: ELS and UFS will review the General
Plan, East Dublin Specific Plan, and previous design submittals for
the site. We will work with City Staff to confirm our understanding of
the site’s development capacity, reviewing existing planning policies
and any anticipated changes to policies that might inform the master
plan vision. The planning document review will be summarized in a
presentation to be posted on the project website (when available).
Landowner Interview (1): We will meet with the landowner to learn
about the history of the site, discuss our public-engagement
approach, identify key themes, and identify opportunities and
constraints from the ownership perspective.
Background Research would continue after meeting with the
Landowner and Document Review with:
Urban Design Site Analysis: ELS and UFS will work together to
identify important patterns in circulation, context, and nature of the
surrounding built environment that may influence plan concepts.
Geographic Infrastructure Constraints and Opportunities: The
design team will work with City Staff to understand limits of the
site infrastructure, including utilities, stormwater management,
and transportation. We will also be assessing any natural physical
features or grades that may influence the design. We will utilize the
extensive traffic analysis work that has been completed through the
previous project submittal.
The analysis of Urban Design and Geographic Infrastructure will be
summarized in a presentation to be posted on the project website
(when available).
Market Analysis: RRER, KMA, and Bernese Lane will look into
near- and long-term anticipated commercial and residential
market demands for the site and develop content for a summary
presentation to be posted on the project website (when available).
After the ULI TAP, anticipated in March 2021, the first meetings with
the CAC, City Council, and Planning will take place.
CAC Meeting (1): We will rely on City Staff to identify potential
committee members in the community that can serve as part of this
focus group. Our agenda is:
• to present background information to set the stage for discussion
• to learn about their thoughts on previous proposals and their
general priorities for development in Dublin
• to discuss the greater engagement strategy, including organizing
up to 3 follow-up stakeholder interviews
City Council and Planning Commission Meeting (1 each): The team
will present to both the City Council and Planning Commission at
working sessions that will cover:
• the outreach strategy for this project
• background information collected from landowner, ULI TAP, CAC,
and initial interviews
• initial understanding of opportunities and constraints and
desired objectives
• discussion questions about their concerns and objectives for the
property and Dublin
Task A
Background Research
Schedule
Task A would ideally begin in January 2021
with meetings with the City Council and
Planning Commission scheduled about
a month after the ULI TAP. A ULI TAP is
anticipated to take place on or around
03/04/2021.
Cost
Task A will cost $70,000 to complete.
Support
Task A will require the City to provide
relevant planning documents, provide
access to previous site submissions, and
identify and create a CAC.
2. Scope of Work
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6
Task B
Public Engagement
Schedule
Task B is expected to last 4 weeks.
Cost
Task B will cost $37,000 to complete and
includes a budget for digital outreach
tools. Use of Neighborland, Typeform,
Exhibbit, Mural, Vimeo, and other tools
will enhance the content on the website,
hosted on Squarespace.
Support
Task B will require the City to review and
approve content for Community Meeting
#1 and the online engagement project
website.
Task B: Public Engagement
In Task B, the team will Explore, Learn and Listen, launching a
relationship with the community to explore the mechanics of
development through the creation of a project website and online
engagement. Our objective with outreach in Task B is to establish
project goals.
In this task:
• A comprehensive communications plan will be developed
• The project website will launch and become the centralized
place for project information and announcements.
• Synchronous Community Meeting #1: Our team will engage
the community in an online meeting to discuss their values
for community development, what they liked or disliked about
the previous development proposals, and what places or
developments that they believe could be a source of inspiration
moving forward and why.
• Asynchronous Online Survey #1: A survey that parallels the
information in our Synchronous Meeting will be posted to the
project website for asynchronous responses using the platform
most preferred by City staff and Consultant team. This survey
may utilize forums, word clouds, thought exchanges, and any
tools that help to reflect the range of discussion.
The educational content communicated as part of the outreach will
include:
• Insight regarding the City’s Regional Housing Needs Allocation
(RHNA) obligations, state laws on housing, growth mandates,
and where developments in Dublin offer the greatest chance of
success
• Exploration of the potential range of development possible for
the area
• Education about the development process and trade-offs
Meetings with Staff
Landowner Engagement
Meetings
CAC Meetings
Asynchronous
Community SurveyProject Website
Update
Synchronous
Community Meetings
City Council
Meetings
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7
Task C
Land Use Framework
Schedule
Task C will take 6-8 weeks to complete.
Landowner engagement is anticipated
to begin prior to Memorial Day followed
by public stakeholder and community
engagement that will continue through
the summer of 2021.
Cost
Task C will cost $114,500 to complete.
Support
Task C will require the City to review
and approve content for the online
engagement project website.
Initial plans should push the envelope on development potential, balance
and scale of public open spaces, parcel sizes, and degree of connectivity
to the existing urban fabric. Following our initial pass at the three concepts,
KMA will assess each concept from their perspective for cost and financial
feasibility. This content will be developed for posting to the website.
Economic Vitality Report: KMA will prepare a series of static pro-forma
analyses to test the economic viability of development alternatives.
The pro formas will model horizontal and vertical development costs,
net operating income and supported private investment, potential land
proceeds, and the need for public financing (if any). The pro-forma analysis
assists in identifying development alternatives that best achieve the City’s
objectives while meeting the financial requirements of the private sector.
This content will be developed for posting to the website.
Landowner Engagement (1): Following the completion of the conceptual
pro formas our team will meet with property ownership to share the three
initial plans. We will use this opportunity to identify any problematic areas
of the design that may require attention prior to the Town Hall.
CAC Meetings (1): We will meet with the CAC to discuss three initial plans
and findings from our specialty consultants. We will use the feedback from
this meeting to refine and improve our approach to public engagement.
Council Member and Planning Commission Meetings (1 each): We will
present the three concepts to City Council and Planning Commission in
two separate working sessions. Once we have collected their impressions,
we will make any necessary refinements before presenting the schemes to
the community.
Consensus Through Education Video (1): ELS and UFS will produce a short
video (approximately one 3-minute video or a series of three 1-minute
videos) to be used for the purpose of documenting the design process,
defining the fixed and flexible parameters of the project, and serving as a
primer for discussion about the land use trade-offs. The video will cover
basic mechanics of development, the different characteristics of the land
use options, and explore the strengths and weaknesses of each.
Synchronous Community Meeting #2: The second town hall will include a
presentation of the three broad master plan options, using the video.
Asynchronous Online Survey #2: The same video will be posted online,
with an accompanying survey that parallels the Synchronous Community
Meeting. These online activities may include a standard survey, discussion
forums, word clouds, thought exchanges, and any tools that help to reflect
the range of discussion. This survey will remain active for a month.
Task C: Land Use Framework
Task C will focus on land use plan exploration and consensus building.
From the design perspective, the plans will be creative, contextual, inspired
by innovation and financially feasible. From the consensus building
perspective, outreach will be structured to educate the community on the
trade-offs the developer must make to bring the project to fruition and
where there is flexibility for the plan to respond to the community’s needs.
Upon the completion of the Task C process we will produce an educational
video summarizing the following:
• The design narrative that inspired the three plan options
• The financial constraints the plan must respond to
• Where there is flexibility in the design to be tailored to the community’s
needs
• The developer and community feedback on the three plans
• The resulting principals from this process and feedback that will guide
the preferred plan
In the early stages of planning we recommend a process where planning
concepts are conceptually and financially vetted to avoid any back-tracking
regarding amenities (such as parks and plazas), scale, and density. We will
explore innovative projects relative to this market, combining case studies
with the market analysis performed in Task A; this integration will keep our
master-planning efforts focused on realistic parameters.
Innovative Case Studies: RRER and Bernese Lane will research examples
of exciting projects across the nation to help expand our team’s
understanding of the best possible design approach. The market analysis
in Task A will help provide context to identify projects that are analogous to
our effort. This content will be developed for posting to the website.
Three Broad Planning Concepts: ELS and UFS will be working together
on three different approaches to land use planning, and the general
organization of parcels, streets, and public spaces. The substantial scale
of the project area as well as its adjacency to a diverse collection of land-
uses and density will support the notion of distinctive community scaled
districts within the site. We will make general assumptions of product type
and configuration. In this task we will be asking questions such as:
• How can sub-districts positively relate to land uses and densities on
neighboring parcels?
• How can the network of streets, parks and plazas improve connectivity
for the larger neighborhood as well as on-site?
• How can amenities improve the value and return on development
within the parcel? What is the investment balance?
• How flexible is the urban design plan in responding to fast-changing
market conditions?
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8
Task D: Master Plan Development of the
Preferred Plan
Based on feedback from the City Council, Community, City Staff
and Property Ownership, the design team will finalize the overall
framework of the site master plan. This plan will likely be a hybrid of
characteristics as desired in the initial three concepts. The Master
Plan will be posted to the website as a deliverable. The Preferred
Plan will show:
• The Development Capacity of the Site, the amount of
development by land use, using typical architectural prototypes
• Renderings to convey the character of the overall building
massing to express scale of buildings, public streets, parks and
plazas. (4 total)
• An illustrative district plan that establishes the connectivity within
the site and to the surrounding context
• A Phasing Plan for the site illustrating near- and long-term build-
out
• Conceptual plans for up to two feature public spaces (one
residential oriented, one commercial)
• Updates to Economic Viability Report
• A 1-minute update to the Video to describe the Preferred Plan
It is our assumption that traffic and infrastructure concepts will
be based on data from the previous “At Dublin” project. If new
infrastructure, or traffic design and analysis is required for this
visioning effort, the City can utilize on-call consultants such as
Kimley Horn to complete specific assignments related to these
analysis’. These services are not included in this contract.
Land Owner Meetings (2): Our team anticipates two meetings with
property ownership to finalize the plan. The first meeting will occur
mid-progress to allow input, followed by a second meeting to
approve.
CAC Meeting (1): Prior to presenting to Council and the Community
Town Hall, we will run ideas by the CAC for feedback.
City Council and Planning Commission Meetings (1 each): We will
present the final plan with supporting exhibits and support of
property ownership.
Synchronous Community Meeting #3: This town hall will present
summary findings of our community outreach, including reactions
to the three concept plans and the architectural workshop. We will
describe in detail the following:
• How the community’s values have been incorporated into the
project design
• How the project relates to and elevates the quality of
neighboring developments and the larger neighborhood
• Placemaking and special features, focusing on key public spaces
and streets as well as a sense of place
• Expectations and next steps for development
Asynchronous Online Survey #3: A survey and video that parallels
the information in the Synchronous Community Meeting will be
posted to the project website for asynchronous responses using
the platform most preferred by City staff and Consultant team. This
survey may utilize forums, word clouds, thought exchanges, and any
tools that help to reflect the range of discussion.
Conceptual Rendering of Frieda Park for the 3rd Street project in Bloomington, IN, by ELS.
Task D
Master Plan Development
of the Preferred Plan
Schedule
Task D will take place in Fall 2021.
Cost
Task E will cost $133.000 to complete.
Support
Task D will require the City to assist in
project notifications.
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9
Task E
General Plan Study
Recommendation
Schedule
Task E will begin after Task D and is
expected to take 4 weeks, concluding
before the end of 2021.
Cost
Task E will cost $10,000 to complete.
Task F
Implementation Support
Schedule
Task F includes On-Call services on a
Time and Materials, not-to-exceed, as-
needed basis.
Budget
$20,000
Task E: General Plan Study
Recommendation
A concise report will be prepared to recommend land use and
development policy to amend the General Plan using the findings
from the Preferred Plan. This recommendation will lay out guidance
to City Staff on how to apply the findings from this effort to City
Policy.
Task F: Implementation Support
Following the Public Engagement process, our team has the skill
and the capacity to work with the landowners (as advisors) and with
the City (as reviewers of development proposals) to ensure that the
consensus-based Plan is adhered to.
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11
Prime Consultant
ELS ARCHITECTURE & URBAN DESIGN
Qualifications: Founded in 1967, ELS Architecture and Urban Design is a California
C Corporation with 53 years of experience in the planning, design, and creation
of great public places and catalyst projects, particularly for mixed-use and retail
environments. We have offices in Berkeley, Sacramento and Los Angeles. We were
included in Architect magazine’s 2019 list of the top 50 U.S. firms for Business and
Sustainability, and in Architectural Record’s 2020 Top 300 Architecture Firms.
Many ELS projects have focused on the redevelopment of aging downtowns and
adjacent commercial strips for private and public clients. Our firm excels in the
creation of master plans that bridge public and private interests, making our work
attractive to both the community and private development.
We augment our comprehensive and mixed-use master plans with our extensive
experience in retail, entertainment, dining, hospitality, commercial office, and
residential design. This infusion of practical knowledge allows us to craft plans
for evocative public spaces that are supported by flexible, leasable, and feasible
land-use strategies. Our portfolio illustrates our commitment to mixed-use
planning that creates dense, active districts that become regional destinations and
memorable centers for community activity. Many of our projects have spurred the
revitalization of surrounding properties and districts.
Responsibilities: ELS will serve as the Prime Consultant for the contract. In
addition to urban design ELS will provide project management and serve as the
primary contact for the City.
4. Personnel, Equipment and Facilities
Subconsultants
URBAN FIELD STUDIO | PUBLIC OUTREACH LEAD, URBAN
DESIGN
Qualifications: Urban Field Studio is an urban design firm that specializes in
development strategy and community outreach. Urban Field Studio has worked
with local cities on Specific Plans, Objective Design Standards for Multi-Family
Housing, and Visioning. We strive to facilitate a realistic process in defining
potential development. We aim to lay the groundwork for activated places and a
high quality public realm.
Urban Field Studio has worked closely with the Cities of Milpitas, Albany, San
Leandro, and with San Jose State University over the last year to develop a
number of methods to deliver online engagement to continue the public process
during the pandemic. Urban Field Studio has been experimenting with technology
that can be used to facilitate the creative design process and communicating the
development potential of neighborhoods on the verge of change. Urban Field
Studio brings an understanding of mixed-use development, a California-specific
understanding of housing, and an approach that puts equity and consensus at the
forefront.
Responsibilities: UFS will customize the community engagement approach drawing
on extensive and innovative experience in online public engagement from an
urban design lens.
KEYSER MARSTON ASSOCIATES | MARKET ANALYSIS
Qualifications: Founded in 1973, Keyser Marston Associates is a real estate advisory
firm that has served over 700 clients on more than 2,000 projects, including some
of the most high-profile public/private partnerships in California.
As real estate advisors, KMA often collaborates with design professionals on the
production of development strategies and adds value by assessing the market and
financial factors that affect development potential. The firm has recently advised
on downtown development sites in San Jose, Oakland, Redwood City, and Walnut
Creek to name a few. In addition, KMA conducted the market study that informed
the preparation of the Downtown Dublin Specific Plan and continues to work with
the City on a range of assignments including evaluating the fiscal impacts of the
proposed At Dublin mixed-use project and the proposed IKEA retail center.
Responsibilities: KMA will provide an ability to test and tune our assumptions
regarding the financial feasibility of our proposals.
RETAIL REAL ESTATE RESOURCES | COMMERCIAL
DEVELOPMENT
Qualifications: With 30 years of experience, Retail Real Estate Resources is a
privately-owned, specialty real estate development strategy consulting company.
RRER focuses on retail and mix-use development, urban retail revitalization for
Downtowns and older shopping centers, along with tenant representation, and
property representation through our associated brokerage company, Metrovation
Retail Resources.
RRER has provided consulting services to many city agencies throughout the
San Francisco Bay Area focusing on retail revitalization, zoning, and urban
planning. RRER’s skill at identifying and planning for the pitfalls of development
is unparalleled and brings great value and benefits to clients. RRER is also
deeply involved in pre-construction leasing, ground-up center master planning,
merchandising and re-positioning shopping centers. RRER’s founder has
represented national anchor retail chains in the San Francisco Bay Area including
Kohl’s, Andronico’s Markets, Safeway, SteinMart, Office Depot, Century Theatres,
AMC Theatres, Wal-Mart and Costco. RRER has extensive experience in taking
the lead role in the renovation of existing properties for future success. All
redevelopment efforts stem from the leasing lens, so concepts, plans, and actions
are based in reality, not wishful thinking.
Responsibilities: RRER will provide insight to the rapidly changing commercial
landscape, and local knowledge of what works and doesn’t.
BERNESE LANE PARTNERS | RESIDENTIAL DEVELOPMENT
Qualifications: Robert Donnelly is Managing Member of Bernese Lane Partners, a
privately held diversified real estate development company primarily engaged in
the acquisition, entitlement, development, and disposition of residential and mixed
use projects in and around the San Francisco Bay Area.
Previously, Mr. Donnelly was Vice President of Land Acquisition at TRI Pointe
Homes, a national publicly-traded homebuilding company, where he directed all
aspects of the company’s Northern California land acquisition and development
efforts. During his six year tenure with TRI Pointe Homes, Mr. Donnelly acquired
more than 2,300 residential lots/units in 28 communities, totaling over $380MM in
land spend. Under his leadership, Mr. Donnelly grew the division from 31 deliveries
in 2012 ($31.8MM gross revenue) to 439 deliveries in 2018 ($375MM gross revenue),
which helped transition the company from a small, privately held start-up to a
large highly respected merchant homebuilder.
Responsibilities: Bernese Lane will assist in our discussions with private
stakeholders and help the team understand the specific residential market
conditions in Dublin.
KIMLEY-HORN | TRAFFIC
Qualifications: Kimley-Horn has been providing a wide variety of services for
private development projects since its founding in 1967.
Kimley-Horn has a long history working with the City of Dublin and associated
developers for more than 20 years. Kimley-Horn staff prepared a specific plan
and EIR for the downtown Dublin. The goal of the specific plan was to create a
mixed-use district with high-density residential that takes advantage of nearby
BART station and regional transit facilities. The EIR addressed a number of key
issues including aesthetics, transportation, and public services. In particular,
the City Council adopted a new policy endorsing a lower level of service (LOS)
on roadways, and thereby encouraging higher urban density transit-oriented
developments and a more pedestrian-friendly downtown. We have worked on a
number of projects in and around the downtown area and are on City’s on-call list
which has been extended through 2021.
Responsibilities: Kimley-Horn will help us understand traffic and related
opportunities and constraints.
ELS Headquarters in downtown Berkeley.
246
Chris Jung will lead the
architectural design of the buildings
in the character renderings
David Masenten will be a Resource
Principal for Mixed-Use Design
Kelly Elmore will assist Lauren and
Ryan on graphics production and
revit modeling for renderings
PM coordinates schedules, production of content, integration of consultant
content into presentations, and will assist Jane and Ryan in Urban Design
RYAN CALL, AIA
MASTER PLANNING LEAD,
PRINCIPAL IN CHARGE MAIN CONTACT
CITY OF DUBLIN
• CITY OFFICIALS
• PUBLIC STAKEHOLDERS
• PRIVATE STAKEHOLDERS
LAUREN WYNVEEN, AIA
PROJECT MANAGER
CHRIS JUNG, ASSOC.
AIA, LEED AP BD+C:
DESIGN DIRECTOR
VERTICAL VISIONING
DAVID MASENTEN. AIA,
LEED AP BD+C:
MIXED-USE DESIGN
REVIEW
KELLY ELMORE, ASSOC.
AIA, LEED AP BD+C:
PRODUCTION AND
GRAPHIC DESIGN
JANE LIN, AIA
PUBLIC OUTREACH LEAD
URBAN DESIGN
4. Personnel, Equipment and Facilities
KEYSER MARSTON
MARKET ANALYSIS
RRER
COMMERCIAL
DEVELOPMENT
BERNESE LANE
PARTNERS
RESIDENTIAL DEVELOPMENT
KIMLEY-HORN
TRAFFIC
12
247
+ Appendix
David Masenten, AIA, LEED AP BD+C
MIXED USE RESOURCE PRINCIPAL
David directs ELS’ Mixed-Use practice and has extensive experience designing large, multi-
use projects that incorporate the best green practices. Projects include high-rise commercial
and residential buildings, large-scale urban master planning and urban design, town planning,
commercial tenant fi t-out for national retailers, and corporate interiors for international
companies. David has worked on numerous complex projects that involve lengthy and
challenging approvals requiring political outreach and public sensitivity. He has also worked
strategically with developers to create economic strategies for long-term planning scenarios.
Prior to joining ELS, David worked for nine years on entitling complex mixed-use high-rise
projects in San Francisco, as well as managing master planning and urban design projects in
cities across China including Guangzhou, Zhuhai, and Shanghai. David managed the planning
approvals process for the fi rst LEED ND-Platinum (Stage 1) project in the world, the Emeryville
Marketplace, and has helped lead the 15.5-square-mile Guangzhou South Axis Master Plan, a
redesign of the city’s southern center, which is currently under construction.
RELEVANT EXPERIENCE
• Downtown Dublin Urban Design Plan | Dublin, CA
• Project Elevate Retail Mixed-Use Master Plan | Elk Grove, CA
• Austin Energy Offi ce Headquarters | Austin, TX
• Fremont Bank Mixed-Use Residential Master Plan | Fremont, CA
• Fremont Bank Offi ce Headquarters | Fremont, CA
• NewPark Specifi c Plan | Newark, CA
• Third Street Bloomington Mixed-Use Retail District | Bloomington, IN
• Stonestown Galleria | San Francisco, CA
• AEG Mixed-Use and Entertainment District, Nashville Yards | Nashville, TN
• Kitsap Mall Redevelopment | Silverdale, Washington
• University of Chicago 53rd Street District Mixed-Use Master Plan | Chicago, IL
• 505 Brannan (Pinterest HQ) | San Francisco, CA*
• 350 Bush Offi ce Tower | San Francisco, CA*
• 1510 Webster Mixed-Use High-Rise Residential Tower | Oakland, CA*
• Kismet Resort Master Plan | Cloverdale, CA*
• Emeryville Marketplace LEED ND Platinum Mixed-Use Master Plan | Emeryville, CA*
• 447 Battery Mixed-Use High-Rise Hotel and Residences | San Francisco, CA*
• San Francisco State University Housing Master Plan | San Francisco, CA*
• Hornblower Cruises Pier Projects | San Francisco, CA*
• Expo 2020 Master Plan for the Governor of California | Mountain View, CA*
• Masonic Auditorium Remodel | San Francisco, CA*
• Pacifi ca Town Center Master Plan | Pacifi ca, CA
• Guangzhou Central Axis Master Plan | Guangzhou, China*
• Guangzhou TIT Mixed-Use Retail, Offi ce, and Residential Center | Guangzhou, China*
• Zhangjiagang Sustainable Master Plan | Zhangjiagang, China*
• Yaohai Master Plan and Urban Park Concept | Hefei, China*
• Zhuhai Lover’s Road Urban Design and Master Plan | Zhuhai, China*
• Yangpu Riverfront Urban Design | Shanghai, China*
• Nansha Sustainable Regional Master Plan | Guangzhou, China*
*Projects performed prior to joining ELS.
dmasenten@elsarch.com
EDUCATION
Master in City Planning,
Massachusetts Institute of
Technology, 2004
Bachelor of Architecture,
Rhode Island School of Design,
1998
PROFESSIONAL
REGISTRATION
Registered Architect, California,
#C-29921
AFFILIATIONS
Member, SPUR
Member, USGBC
Member, AIA
Ryan Call, AIA
PRINCIPAL IN CHARGE/URBAN RETAIL STRATEGY LEAD
Ryan directs ELS’ Urban Design portfolio. Since joining ELS in 2001, Ryan has developed a
particular expertise in master planning mixed-use urban communities, with a focus on vibrant
retail districts and public spaces. His primary interest lies in the strategic aspects of the
design process, and he has participated in many urban design and feasibility concept studies.
His presentation expertise has proven key to the success of many ELS projects, especially
during the critical public process and approvals phases.
Ryan has been involved with the Mueller Aldrich Street District Master Plan since its
inception, where he was a quick and dependable resource for Catellus’ Austin team, covering
the full spectrum of tasks from big picture conceptual thinking to data analysis and lease
exhibits. He is working on the master plan for the transformation of the Hillsdale Shopping
Center in San Mateo, taking advantage of the center’s urban infi ll and transit friendly location
and reinforcing its place as a retail and entertainment destination.
Ryan volunteers extensively with several organizations, including Berkeley Design Advocates,
Downtown Berkeley Association, and Urban Land Institute’s Urban Plan Program. Ryan served
on the ULI Technical Advisory Panel for Brentwood. He co-wrote and illustrated the S-17
Residential Open Space guidelines for the City of Oakland. In Berkeley, Ryan has volunteered
with the Downtown Berkeley Association advocating for safer streets and more vibrant public
spaces. Through his work with Berkeley Design Advocates, Ryan co-led two charettes for
the revitalization of Telegraph Avenue. Ryan was the recipient of the 2014 Apgar award and
regularly contributes articles to ULI. His most recent ULI article, “Creating Streets People Can
Identify With,” was published in November of 2017.
RELEVANT EXPERIENCE
• Downtown Dublin Urban Design Plan | Dublin, CA
• Project Elevate Retail Mixed-Use Master Plan | Elk Grove, CA
• Mueller Aldrich Street District | Austin, TX
• Austin Energy Offi ce Headquarters | Austin, TX
• NewPark Specifi c Plan | Newark, CA
• Third Street Bloomington Mixed-Use Retail District | Bloomington, IN
• Hillsdale Shopping Center Mixed-Use Master Plan | San Mateo, CA
• Hillsdale Shopping Center North Block | San Mateo, CA
• Stonestown Galleria Anchor Redevelopment | San Francisco, CA
• University of Chicago 53rd Street District Mixed-Use Master Plan | Chicago, IL
• Merced Hotel Expansion | Merced, CA
• NOKIA Theatre L.A. LIVE | Los Angeles, CA
• Telegraph Avenue Charette | Berkeley, CA
• Sunnyvale Downtown Urban Design Plan | Sunnyvale, CA
• Ward Village Shops | Honolulu, HI
• Glendale Galleria | Glendale, CA
• Fort Collins Midtown Commercial Redevelopment Study | Fort Collins, CO
• Downtown Westminster Master Plan | Westminster, CO
• Las Montañas Marketplace | Indio, CA
• Eastridge Mall | San Jose, CA
• Village of Merrick Park | Coral Galbes, FL
• Downtown Summerlin Design Guidelines | Summerlin, NV
rcall@elsarch.com
EDUCATION
Bachelor of Architecture,
Washington State University
PROFESSIONAL
REGISTRATION
Registered Architect, California,
#C-31102
AFFILIATIONS
Member, ULI Technical
Advisory Panel, Brentwood
Board Member, Berkeley
Downtown Business
Association (DBA)
Full Member, Urban Land
Institute, Co-Author, Apgar
Award winning article “New
Suburbanism,” and Author,
“Creating Streets People Can
Identify With”
Urban Plan Instructor, Urban
Land Institute
248
lwynveen@elsarch.com
Since joining ELS in 2013, Lauren has worked on a variety of projects, including mixed-use
planning and retail centers, and has experience in residential building design as well. Lauren
strongly believes that good, thoughtful design can substantially improve the environment.
Lauren was the design lead in the exploration of an expansion of the Austin Thinkery at
Mueller. From the plan through 3D massing and images she helped the client understand
and visualize both the opportunities and constraints in three dimensions. She continues to
provide her creative talents in both conceptual and technical phases of a variety of projects.
As a team member on the NewPark Mall redevelopment, Lauren aided in the preparation of
documents and presentations, including presentation renderings, for all phases of design.
Lauren also worked with the Downtown Summerlin team, focusing primarily on construction
documents and detailing.
RELEVANT EXPERIENCE
• Downtown Dublin Urban Design Plan | Dublin, CA
• NewPark Specifi c Plan | Newark, CA
• Third Street Bloomington Mixed-Use Retail District | Bloomington, IN
• Mueller Town Center | Austin, TX
• Stanford Shopping Center | Palo Alto, CA
• NewPark Mall | Newark, CA
• Downtown Summerlin | Las Vegas, NV
• Hillsdale Shopping Center | San Mateo, CA
• Stonestown Galleria | San Francisco, CA
• Kitsap Mall | Silverdale, WA
• River Park Shopping Center | Fresno, CA
• Woodlands Mall | Newark, CA
• Fashion Outlets of Los Angeles Design Competition | Los Angeles, CA
• Southland Mall Façade Concepts | Hayward, CA
• University of Chicago Hyde Park Mixed-Use Master Plan | Chicago, IL
• Stonestown Family YMCA Parking Improvements | San Francisco, CA
• Mills College Lisser Hall Renovation | Oakland, CA
• Annenberg Center | Rancho Palos Verdes, CA
• Merced Emergency Center Operations Facility + 911 Dispatch | Merced, CA
• Clovis Pet Adoption Center | Clovis, CA
• Palm Springs Animal Care Facility | Palm Springs, CA
• East Bay SPCA Parking Improvements | Oakland, CA
• Saratoga Wildlife Rehabilitation Center | Saratoga, CA
• Lau Houses | El Cerrito, CA
• Simpatico Prefabricated Homes | Northern CA
Lauren Wynveen
PROJECT MANAGER
EDUCATION
BArch with Highest Honors, UC
Berkeley
REGISTRATION
Registered Architect, California,
#C-36356
AFFILIATIONS
TAP & Leadership Scholarship
Application Evaluator, UC
Berkeley Alumni Association,
2015-Present
Habitat Restoration, HandsOn
Bay Area, 2018-Present
Home Tour Docent, AIA East
Bay, 2013-Present
Mentor, Fam 1st Architecture
Summer Camp, 2019
Christopher Jung, Assoc. AIA, LEED AP
DESIGN DIRECTOR FOR ARCHITECTURE
Since joining ELS in 1992, Chris has worked on a variety of project types. His diverse
portfolio features completed mixed use, retail, offi ce, entertainment, community,
educational, recreational and performing arts projects. Chris has delivered feasibility studies,
programming, conceptual designs, design development, and production for facilities ranging
from 20,000 to 150,000 sf.
In his capacity as Design Director, Chris has lent his expertise to the Elk Grove Project Elevate
Mixed-Use Master Plan, Downtown Dublin Urban Design Plan, and Austin Energy Offi ce
Headquarters, and to projects for the cities of Dublin, Oakland, Menlo Park, Santa Clara and
Redwood City.
Chris has also participated in several international design competitions, including for the
Aalborg Aquatics Center in Denmark, the Pop Music Center in Taipei, and the Grand Egyptian
Museum in Cairo. He is regularly invited to participate in architectural studio critiques for the
College of Environmental Design at UC Berkeley and the Academy of Art University in San
Francisco.
RELEVANT EXPERIENCE
• Project Elevate Retail Mixed-Use Master Plan | Elk Grove, CA
• Stanford Shopping Center Renovation & Expansion | Palo Alto, CA
• Austin Energy Offi ce Headquarters | Austin, TX
• NOKIA Theatre L.A. LIVE | Los Angeles, CA
• City of Redwood City Veterans Memorial Senior Center | Redwood City, CA
• East Oakland Sports Center | Oakland, CA
• Menlo Park Burgess Pool and Gymnasium | Menlo Park, CA
• Santa Clara International Swim & Community Recreation Center | Santa Clara, CA
• Waterman Community Recreation & Aquatic Center | San Bernardino, CA
• UC Berkeley Legends Aquatic Center | Berkeley, CA
• UC Berkeley Spieker Aquatic Center | Berkeley, CA
• UC Berkeley Hellman Tennis Center | Berkeley, CA
• UC Berkeley Indoor Practice Facility Planning Study | Berkeley, CA
• University of the Pacifi c Tennis Complex | Stockton, CA
• Stanford University Avery Aquatic Center | Palo Alto, CA
• Berkeley High School Student Union and Recreation Facility | Berkeley, CA
• Santa Clara Youth Soccer Park | Santa Clara, CA
• Blair Park Recreation Complex | Piedmont, CA
EDUCATION
Bachelor of Architecture, UC
Berkeley, 1990
AFFILIATIONS
LEED Accredited
Professional
Associate Member, AIA
cjung@elsarch.com
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JANE LIN / FOUNDING PARTNER, AIA
URBAN FIELD STUDIO
Jane is a licensed architect and urban designer with twenty years of
experience working with municipalities and agencies in the San Francisco
Bay Area and beyond. Her work includes urban design for streetscape
improvements, transit area planning, and revitalizing mixed-use districts. Jane
is lecturer at UC Berkeley and teaches architecture to school aged students
(K-12). It is important to Jane that large groups of non-designers become
empowered with creative communication skills because they are the key to
making our communities better.
SELECT PROJECTS
SPECIFIC PLANS
Milpitas Metro Specific Plan, City of Milpitas
Old Town Newark Specific Plan, City of Newark
San Pablo Avenue Specific Plan, City of Albany
Belmont Specific Plan, City of Belmont CA
LAND USE STRATEGY
Downtown Dublin Vision, City of Dublin
Coliseum Development Study, City of Oakland CA
Mission San Jose Commercial Strategy Study, City of Fremont
PUBLIC OUTREACH AND EDUCATION
San Jose State Campus Master Plan
Santa Clara Downtown Community Vision, City of Santa Clara CA
Santa Cruz Corridors Planning, City of Santa Cruz CA
Delta Communities Vision, Delta Planning Commission
DESIGN/ DEVELOPMENT STANDARDS AND GUIDELINES
North Hollywood Station Guide for Development, Metro Joint Development CA
Irvington BART Station Area Plan, City of Fremont and BART
San Leandro Multi-Family Design Standards, City of San Leandro
Greater Downtown Guide for Development, City of Anaheim CA
PROFESSIONAL AWARDS
Artist-In-Residence Educator with LEAP Arts in Education
Eisner Prize in City Planning, UC Berkeley
APA Award for the Belmont Village Specific Plan
COMMUNITY ACTIVITIES
ULI Urban Plan Juror, Facilitator, Curriculum Contributor, and Piedmont High
School Champion
ULI Technical Assistance Panelist for the City of Dublin
Panel Discussion Organizer for the San Francisco Urban Film Fest
Piedmont Unified School District Facilities Steering Committee
Piedmont Arts Fund Chair
Piedmont Makers Board Member
EDUCATION
University of California, Berkeley
Master of City Planning with
Concentration in Land Use, 2005
University of California, Berkeley
Master of Science in Architecture
with Concentration in Building
Science, 2005
University of California, Berkeley
Bachelor of Arts in Architecture,
1999
CERTIFICATIONS
Licensed Architect in California
LEED AP - ND Leadership in
Energy and Environmental Design
Accredited Professional with a
Specialty in Neighborhood Design
ASSOCIATIONS
Lecturer, UC Berkeley
ED 201 Master of Urban Design
Studio
CP140 Urban Design and
Placemaking
National League of Cities and ULI,
Rose Center for Public Leadership,
Faculty Advisor to the City of Tucson
ULI Associate Member
AIA East Bay Member
SPUR Member
SCUP Member
www.urbanfieldstudio.com
kelmore@elsarch.com
Kelly Elmore, LEED AP BD+C, Assoc. AIA
DESIGNER - GREEN LEADER
Kelly joined ELS as a Designer shortly after graduating from the University of Oregon in 2016
and has worked on a variety of projects in sectors including retail, residential, mixed-use,
offi ce, and sports & recreation, and is an active member of the ELS Sustainability Committee
and Design Tech Group.
Environmentally conscious and artistically driven, Kelly supports senior staff by creating
renderings, 3D models, inspiration boards, visual communication diagrams, and energy
models. Kelly has worked on many project phases from design to completion and within the
Design Tech Group she leads the energy modeling sector.
RELEVANT PROJECTS
• Laney College Theater Renovation | Peralta Community College District, Oakland, CA
• Recreational Sports Facility Universal Locker Room | University of California, Berkeley
• Veterans Memorial Senior Center & Aquatic Center | City of Redwood City
• City Aquatic Center | City of Alameda
• Elk Grove Civic Aquatics Center | City of Elk Grove
• Redwood City Public Library Downtown Library Makerspace | Redwood City, CA
• Belmont Corporation Yard | City of Belmont
• Mental Health Services Offi ces ZNE Renovation | City of Berkeley
• VillaSport Athletic Club & Spa | San Bruno, CA
• Bayfair Center Redevelopment | San Leandro, CA
• Hillsdale Shopping Center | Hillsdale, CA
• Stonestown Galleria Redevelopment | San Francisco, CA
• NewPark Specifi c Plan | City of Newark
• Offi ce Building | Austin, TX
• Headquarters | Fremont Bank
• Metreon | San Francisco, CA
• 595 Mariposa Street | San Francisco, CA*
• 535 Lorimer Street | Brooklyn, NY*
• Oregon BILDS Hope Loop | Eugene, OR*
• Schonfeld Residence | Mt. Kisco, NY*
• Cazneau Avenue Residence | Sausalito, CA*
• Santos Community Rec Center | Provedencia de los Santos, Costa Rica*
*Project completed prior to ELS
EDUCATION
B.Arch, University of Oregon
AFFILIATIONS
LEED BD+C Accredited
Professional
Associate Member, AIA
250
(09/20)
ROBERT PATRICK DONNELLY
204 Hillside Avenue, Piedmont, CA 94611 (925) 382-0300 rpdonnelly8@gmail.com
EXPERIENCE BERNESE LANE PARTNERS, LLC Piedmont, CA
Managing Member January 2020 to Present
• Privately held diversified real estate development company primarily engaged in the acquisition, entitlement,
development, and disposition of residential and mixed-use projects throughout northern California
• In addition to investing in and developing projects on its own accord, Bernese Lane Partners offers
consulting and advisory services to both public and private sector clients with land acquisition or
entitlement processing needs
TRI POINTE HOMES, INC. (NYSE: TPH) San Ramon, CA
Vice President of Land Acquisition December 2012 to December 2018
• Department leader responsible for the acquisition, entitlement, and management of the company’s land
pipeline for future development for the Northern California division of TRI Pointe Homes
• Grew the division from 31 deliveries in 2012 ($31.8MM gross revenue) to 439 deliveries in 2018 ($375MM
gross revenue), making Northern California one of the most profitable and fastest growing regions of TRI
Pointe Homes during that time period
• Acquired 2,334 lots/units in 24 transactions (28 “storefronts”) totaling over $380MM in land spend
• Managed annual acquisitions budget of $50MM to $80MM
• Managed the entitlement process and secured governmental approvals for new projects before handing off
to operations including the DeRose Property in Morgan Hill (65 homes), Parasol in Fremont (39 townhomes),
and Green Valley in Fairfield (53 homes)
• Experience and relationships in multiple jurisdictions including over 20 different Bay Area cities, numerous
other special districts, and state and federal resource agencies
TOLL BROTHERS, INC. (NYSE: TOL) San Ramon, CA
Land Acquisition Manager September 2008 to December 2012
• Responsibilities included guiding and rebuilding the Bay Area Division’s land pipeline through and out of the
2008-2010 Great Recession
• Managed all aspects of land acquisitions from initial evaluation through close of escrow
• Assisted with the project management of legacy assets, including re-positioning, re-designing, and re-
entitling projects to meet buyer demand in response to changes in the housing market
• Successfully acquired four (4) new projects when the housing recovery began in 2010, including Norris
Canyon Annex in San Ramon (18 Lots), Diablo Estates in Clayton (24 lots), Toll Brothers at The Ridge in
Brisbane (71 Lots), and The Reserve at Pleasanton (19 Lots)
RICHMOND AMERICAN HOMES OF CALIFORNIA, INC. (NYSE: MDC) Pleasanton, CA
Director of Land Acquisition November 2003 to September 2008
• Responsibilities included land acquisition and disposition activities in the Bay Area, Sacramento, Central
Valley, and Fresno regions for Richmond American Homes, a top ten national homebuilder and subsidiary
of publicly traded M.D.C. Holdings, Inc., a Fortune 500 company
• Promoted from manager to director in June 2005
• Successfully acquired over $50MM of “in-fill” property totaling 319 lots in the core SF Bay Area
EDUCATION & ADDITIONAL UNIVERSITY OF CALIFORNIA AT BERKELEY Berkeley, CA
BA, International & Area Studies; Minor, City & Regional Planning 1997
Memberships & Affiliations: Urban Land Institute (Associate Member), California Alumni Association, Charter
Hill Society, (Life Member)
CHRISTINE FIRSTENBERG
Retail Real Estate Resources | Principal | Metrovation Brokerage
00973135
+1 925 381-8666
PROFILE
Christine Firstenberg is a senior level real estate specialist focusing on retail lease negotiations,
retail and mix-use development/ redevelopment, urban retail revitalization, tenant
representation, and property representation.
EXPERIENCE
Ms. Firstenberg’s deep experience in California entitlement issues and land use analysis has led to
successes throughout her development consulting and retail real estate brokerage career, as well
as her leadership roles in industry organizations. Having sold over 3.2 million square feet of retail
buildings; leased over 4.6 million square feet, and participated in the entitlement process for a
multitude of shopping centers, Ms. Firstenberg has a distinct knowledge base from which to pull
from.
Christine’s has experience in pre-construction leasing, ground-up development master planning,
merchandising planning and retailer strategic expansion plans.
Ms. Firstenberg is currently a Principal with Retail Real Estate Resources, a development
consulting company and Partner at Metrovation Retail Brokerage.
Previously (March, 2015 to March, 2018) she was Senior Vice President at JLL where she was the
principal person to identify and secure a relationshiop with a major mall development company.
Prior to that, (2002 to 2015) she was Partner/Managing Director and co-founder of
Metrovation Brokerage, (which she founded with ICSC retail legend Merritt Sher in 2002),
focusing on the development of strategic expansion plans for retail tenants interested in
opening retail stores in the tight markets of the San Francisco Bay Area. Prior to that, (1993 -
2002) she spent 9 years at San Francisco-based Terranomics Retail Services, and six years at
McMasters and Westland/TRI, always focused on retail real estate.
In addition, Christine founded and served as the Northern California International Council of
Shopping Centers (ICSC) Alliance/P3 chairman for the private sector, and she used her experience
in ground up shopping center development in consulting to Cities and Counties regarding retail
commercial corridors and downtowns.
A representative list of clients include:
Kohl’s Department Stores
Target Stores
Andronico’s Markets
Crow Family Holdings Group
AMC Theatres
Wal-Mart
Stein Mart
Serra Center Holdings
Safeway Stores
Costco
Longs Drugs/CVS
Catellus
Starwood Retail Partners
Century Theatres
Safeway Development Company (PDC)
The Sobrato Organization
Regency Centers
Berkeley Farms Land
Ms. Firstenberg has been active on Bay
Area real estate councils, serving as Vice
President and Board Member of the
Contra Costa Council for 18 years, as
well as a speaker at UC Berkeley’s Haas
School of Business, and Committee
member and participant on the Urban
Land Institute’s Technical Assistant
Panels. At the same time holding a
leadership role in the retail shopping
center’s industry association, The
International Council of Shopping
Centers (ICSC) for nearly 24 years,
Chairman, Program Committee
Chairman, Committee Member, Panel
Speaker and founder and chairman of
the Alliance/P3 Program in Northern
California.
AFFILIATIONS
AFFILIATIONS
Ms. Firstenberg has been active on Bay
Area real estate councils, serving as Vice
President and Board Member of the
Contra Costa Council for 18 years, as well
as a speaker at UC Berkeley’s Haas School
of Business, and Committee member and
participant on the Urban Land Institute’s
Technical Assistance Panels.
She has held a leadership role in the retail
shopping center’s industry association,
The International Council of Shopping
Centers (ICSC) for nearly 24 years, serving
as the Government Affairs Chairman,
Program Committee
Chairman, Committee Member, Panel
Speaker and founder and chairman
of the Alliance/P3 Program in
Northern California.
PROFILE
Christine Firstenberg is a senior level real estate specialist focusing on retail
lease negotiations, retail and mix-use development/ redevelopment, urban retail
revitalization, tenant representation, and property representation.
EXPERIENCE
Ms. Firstenberg’s deep experience in California entitlement issues and land use
analysis has led to successes throughout her development consulting and retail real
estate brokerage career, as well as her leadership roles in industry organizations.
Having sold over 3.2 million square feet of retail buildings; leased over 4.6 million
square feet, and participated in the entitlement process for a multitude of shopping
centers, Ms. Firstenberg has a distinct knowledge base from which to pull from.
Christine’s has experience in pre-construction leasing, ground-up development
master planning, merchandising planning and retailer strategic expansion plans. Ms.
Firstenberg is currently a Principal with Retail Real Estate Resources, a development
consulting company and Partner at Metrovation Retail Brokerage.
Previously (March, 2015 to March, 2018) she was Senior Vice President at JLL where
she was the principal person to identify and secure a relationship with a major mall
development company.
Prior to that, (2002 to 2015) she was Partner/Managing Director and co-founder of
Metrovation Brokerage, (which she founded with ICSC retail legend Merritt Sher in
2002), focusing on the development of strategic expansion plans for retail tenants
interested in opening retail stores in the tight markets of the San Francisco Bay Area.
Prior to that, (1993 - 2002) she spent 9 years at San Francisco-based Terranomics
Retail Services, and six years at McMasters and Westland/TRI, always focused on
retail real estate.
In addition, Christine founded and served as the Northern California International
Council of Shopping Centers (ICSC) Alliance/P3 chairman for the private sector, and
she used her experience in ground up shopping center development in consulting
to Cities and Counties regarding retail commercial corridors and downtowns.
Broker #00973135
925 381-8666
christine@cfirstenberg.com
CHRISTINE FIRSTENBERG
Retail Real Estate Resources | Principal | Metrovation Brokerage
A representative list of clients:
• Kohl’s Department Stores
• Target Stores
• Andronico’s Markets
• Crow Family Holdings Group
• AMC Theatres
• Wal-Mart
• Office Depot
• Serra Center Holdings
• Safeway Stores
• Costco
• Longs Drugs/CVS
• Catellus
• Starwood Retail Partners
• Century Theatres
251
Key Role
Debbie brings years of experience and strong technical skills to develop analytical methodologies,
efficiently evaluate public/private real estate development issues, and provide state-of-the art
solutions.
P3 and Public Benefits
Debbie has evaluated the development economics of hundreds of proposed projects, representing a full spectrum of land uses,
including: residential, office, hotel, retail, entertainment, industrial, and numerous mixed-use developments. The purpose of the
evaluations is to determine the magnitude of public subsidy or development incentives that are needed to realize specific public
benefits, such as the inclusion of non-profit arts space in a development, or affordable housing.
Infrastructure and Public Facility Finance
Debbie is a leader in the field of infrastructure finance. She has developed effective financing plans for new facilities triggered
by a proposed real estate development, rehabilitation of existing structures, citywide capital improvement plans, and specific
plans. Structures are often comprised of multiple funding sources, including: Enhanced Infrastructure Financing Districts (EIFDs),
Community Facility Districts (CFDs), value-added entitlements, and new markets tax credits.
Fiscal and Economic Impacts
Debbie has evaluated the fiscal and economic impacts of a full-range of land uses, from residential to sports facilities. The analyses
have been undertaken within the context of processing development entitlements for specific projects and formulating land
use policies. Recent impact analyses include: LinkedIn’s campus in Mountain View; Brisbane Baylands; Vallco Town Center; and
Apple’s presence in Cupertino. Debbie has used the findings of the analysis to recommend incentive packages to attract and retain
businesses, metering requirements to balance the impacts of different land uses, and CFD maintenance obligations or developer
exactions to mitigate negative impacts.
Professional Credentials
Debbie holds a master’s degree in economics from Columbia University and a bachelor’s degree in economics from the University of
California at Berkeley. She is a member of the Phi Beta Kappa honor society. Debbie is a member of CALED’s Economic Development
Finance and Real Estate Committee
DEBBIE KERN, Keyser Marston Associates, Inc.
Debbie Kern is the Managing Principal in Keyser Marston Associates’ Northern California
office with over 30 years of experience in public / private real estate consulting.
Dublin Crossing (Boulevard)Downtown Windsor
Debbie analyzed the financial feasibility of a new civic center
and joint commercial development in downtown Windsor.
Debbie evaluated the fiscal impacts and financing plan of the
189-acre project area.
Key Role
Kevin focuses on real estate feasibility and market analysis, fiscal and economic impact assessments,
and infrastructure finance.
Land Use Strategies
Kevin is experienced working with cities and communities to define and achieve their economic development and land use
objectives. His work in this area has involved demographic and market analysis, physical and land use assessments, as well as
focus groups with business, community, and public agency stakeholders. Recent assignments include market demand analysis for
the redevelopment of the 180-acre Sonoma Developmental Center and a development strategy for the Port of Redwood City’s
commercial area.
Real Estate Feasibility & Public-Private Partnerships
Kevin evaluates the market and financial feasibility of residential, commercial, and industrial projects to inform the structuring of
development agreements, development incentives, and public benefits. His experience includes financial modeling of development
alternatives based on local market conditions and the evaluation of developer proposals for publicly-owned sites.
Infrastructure Finance
Kevin assists local jurisdictions in the preparation of financing plans and funding strategies for community facilities and public
infrastructure. He has also analyzed the leveraging capacity of specific tools such as Enhanced Infrastructure Financing Districts and
Community Facilities Districts. Kevin’s infrastructure finance experience includes community facilities adjacent to light rail stations in
Calgary (Canada), economic development projects in Solano County, and multiphase development projects in Reno and Sacramento.
Professional Credentials
Kevin holds a Bachelor’s degree from Harvard University, and a Master’s degree in city planning from the Massachusetts Institute of
Technology.
KEVIN FEENEY, Keyser Marston Associates, Inc.
Kevin Feeney is a Principal in Keyser Marston Associates’ Northern California office with
ten years of experience in urban planning, public finance, and real estate analysis. Prior to
rejoining KMA in 2018, Kevin worked as an economist for a global infrastructure firm.
CityLine Sunnyvale
Downtown Dublin
Kevin analyzed market demand for land uses within 36-acre
development.
Kevin evaluated economic viability and identified funding sources
for public improvements.
Key RoleDebbie brings years of experience and strong technical skills to develop analytical methodologies, efficiently evaluate public/private real estate development issues, and provide state-of-the art solutions.P3 and Public BenefitsDebbie has evaluated the development economics of hundreds of proposed projects, representing a full spectrum of land uses, including: residential, office, hotel, retail, entertainment, industrial, and numerous mixed-use developments. The purpose of the evaluations is to determine the magnitude of public subsidy or development incentives that are needed to realize specific public benefits, such as the inclusion of non-profit arts space in a development, or affordable housing. Infrastructure and Public Facility Finance Debbie is a leader in the field of infrastructure finance. She has developed effective financing plans for new facilities triggered by a proposed real estate development, rehabilitation of existing structures, citywide capital improvement plans, and specific plans. Structures are often comprised of multiple funding sources, including: Enhanced Infrastructure Financing Districts (EIFDs), Community Facility Districts (CFDs), value-added entitlements, and new markets tax credits. Fiscal and Economic ImpactsDebbie has evaluated the fiscal and economic impacts of a full-range of land uses, from residential to sports facilities. The analyses have been undertaken within the context of processing development entitlements for specific projects and formulating land use policies. Recent impact analyses include: LinkedIn’s campus in Mountain View; Brisbane Baylands; Vallco Town Center; and Apple’s presence in Cupertino. Debbie has used the findings of the analysis to recommend incentive packages to attract and retain businesses, metering requirements to balance the impacts of different land uses, and CFD maintenance obligations or developer exactions to mitigate negative impacts.Professional CredentialsDebbie holds a master’s degree in economics from Columbia University and a bachelor’s degree in economics from the University of California at Berkeley. She is a member of the Phi Beta Kappa honor society. Debbie is a member of CALED’s Economic Development Finance and Real Estate CommitteeDEBBIE KERN, Keyser Marston Associates, Inc.Debbie Kern is the Managing Principal in Keyser Marston Associates’ Northern California office with over 30 years of experience in public / private real estate consulting.Downtown CommonsTreasure IslandDebbie advised on the infrastructure financing plan for the Treasure/ Yerba Buena Islands Development Project.Debbie evaluated the financial feasibility of a mixed-use project next to the Golden 1 Center in Sacramento. Key RoleDebbie brings years of experience and strong technical skills to develop analytical methodologies, efficiently evaluate public/private real estate development issues, and provide state-of-the art solutions.P3 and Public BenefitsDebbie has evaluated the development economics of hundreds of proposed projects, representing a full spectrum of land uses, including: residential, office, hotel, retail, entertainment, industrial, and numerous mixed-use developments. The purpose of the evaluations is to determine the magnitude of public subsidy or development incentives that are needed to realize specific public benefits, such as the inclusion of non-profit arts space in a development, or affordable housing. Infrastructure and Public Facility Finance Debbie is a leader in the field of infrastructure finance. She has developed effective financing plans for new facilities triggered by a proposed real estate development, rehabilitation of existing structures, citywide capital improvement plans, and specific plans. Structures are often comprised of multiple funding sources, including: Enhanced Infrastructure Financing Districts (EIFDs), Community Facility Districts (CFDs), value-added entitlements, and new markets tax credits. Fiscal and Economic ImpactsDebbie has evaluated the fiscal and economic impacts of a full-range of land uses, from residential to sports facilities. The analyses have been undertaken within the context of processing development entitlements for specific projects and formulating land use policies. Recent impact analyses include: LinkedIn’s campus in Mountain View; Brisbane Baylands; Vallco Town Center; and Apple’s presence in Cupertino. Debbie has used the findings of the analysis to recommend incentive packages to attract and retain businesses, metering requirements to balance the impacts of different land uses, and CFD maintenance obligations or developer exactions to mitigate negative impacts.Professional CredentialsDebbie holds a master’s degree in economics from Columbia University and a bachelor’s degree in economics from the University of California at Berkeley. She is a member of the Phi Beta Kappa honor society. Debbie is a member of CALED’s Economic Development Finance and Real Estate CommitteeDEBBIE KERN, Keyser Marston Associates, Inc.Debbie Kern is the Managing Principal in Keyser Marston Associates’ Northern California office with over 30 years of experience in public / private real estate consulting.Downtown CommonsTreasure IslandDebbie advised on the infrastructure financing plan for the Treasure/ Yerba Buena Islands Development Project.Debbie evaluated the financial feasibility of a mixed-use project next to the Golden 1 Center in Sacramento.
252
Mike Mowery, P.E.
Project Manager
Michael is a Team Leader in the Northern
California offices of Kimley-Horn. Michael’s
experience in the fields of site development as
well as transportation planning and design
brings a well-rounded background to any project team. He is recognized
in the area for his wide range of background including work from site
development, TOD project design, entitlements, and transportation
design and specific/area plans. For both public and private clients, Mike
has been the point person of new development sites for office
campuses, hospitality, retail, and residential projects. Through his work
on more than 300 projects at the state, regional, and local level, Michael
offers a balanced approach to each project to best serve all modes of
motorists, cyclists, and pedestrians while creating a safe and
comfortable environment to travel to and from their project destination.
Relevant Experience
• Downtown Dublin Mixed-Use Development, Dublin, CA
• Ikea Retail Center, Dublin, CA
• Dougherty Road Improvements (Sierra Lane to North City Limit), Dublin, CA
• Newpark Specific Plan, Newark, CA
• Stoneridge Shopping Mall Redevelopment, Pleasanton, CA
• Broadway Plaza Redevelopment, Walnut Creek, CA
• San Ramon City Center Transportation EIR Evaluation, San Ramon, CA
• Stanford Shopping Mall Redevelopment, Palo Alto, CA
• Hillsdale Shopping Center North Block Redevelopment, Menlo Park, CA
• Blackhawk Plaza Civil Engineering Services, Danville, CA
• Vallco Town Center Specific Plan, Cupertino, CA
• San Antonio Shopping Center Area Precise Plan, Mountain View, CA
• Los Gatos General Plan Update, Los Gatos, CA
• Graton Rancheria Casino and Hotel EIS aka Graton Resort and Hotel EIS, Rohnert Park, CA
• Facebook Menlo Gateway Mixed-Use Development, Menlo Park, CA
• Bay Meadows Phase I and II Specific Plan and Amendment, San Mateo, CA
• Moffett Towers Office Development, Sunnyvale, CA
• 725 S Fair Oaks Avenue Hotel, Sunnyvale, CA
• Albany Target Peer Review, Albany, CA
• El Cerrito Plaza Mixed-Use SEIR Peer Review, Albany, CA
• Empire Shopping Center Study, Antioch, CA
• Rancho San Juan Mixed-Use DEIR Peer Review, Salinas, CA
• University Village Mixed-Use Peer Review, Albany, CA
Professional Credentials
•Bachelor of Science, Civil
Engineering, Colorado State
University
•Professional Engineer in
California #C66353
•American Society of Civil
Engineers (ASCE), Member
•Institute of Transportation
Engineers (ITE), Member
•International Parking
Institute (IPI), Associate
Member
•International Council of
Shopping Centers (ICSC),
member
Ben Huie, P.E.
Traffic Engineering
Ben is a transportation engineer with more than
13 years of experience in safe routes to school
projects, bicycle plans, intersection control
evaluations, traffic impact studies, traffic signal
design plans, freeway congestion performance monitoring, ramp
metering plan development, speed surveys, and roadway design
projects. Ben is a project manager with experience working with public
and private sector clients. He has worked on projects with agencies
throughout the Bay Area. Ben is skilled in the latest versions of Traffix,
Synchro, Highway Capacity Software, FreQ, AutoCAD, and Microsoft Office.
Relevant Experience
• At Dublin Project EIR, Dublin, CA
• At Dublin Traffic Signal, Dublin, CA
• Dublin High School Review, Dublin, CA
• Dublin Westin Hotel CEQA, Dublin, CA
• Dublin Kaiser, Dublin, CA
• Dublin Moller Ranch TIS, Dublin, CA
• Dougherty Road Improvements, Dublin, CA
• Blackhawk Plaza, Danville, CA
• Broadway Plaza Redevelopment, Walnut Creek, CA
• Downtown Napa Specific Plan, Napa, CA
• Livermore Old Town TIA, Livermore, CA
• MTC, Program for Arterial System Synchronization (PASS), Berkeley, CA
• City Center Traffic Study, Sunnyvale, CA
• Napa Civic Center, Napa, CA
• San Leandro Technology Park, San Leandro, CA
• Sequoia Gateway TIS, Visalia, CA
• Lake Merritt BART, Oakland, CA
• Newman Development, Vallejo, CA
• Graton Casino, Rohnet Park, CA
• Cal High Parking Study, San Ramon, CA
• O’Connell Napa TIA, Napa, CA
• Pittsburg Fire Station TIA, Pittsburg, CA
• Richmond Traffic Safety, Richmond, CA
• Menlo Gateway Traffic Planning, Menlo Park, CA
• Bay Meadows, San Mateo, CA
• Tracy Hills Specific Plan, Tracy, CA
• Hills at Vallco, Cupertino, CA
• Napa Trinitas Hotel TIA, Napa, CA
• Onnie Christie TIA, Emeryville, CA
• Tasman Drive Traffic Study, Santa Clara, CA
Professional Credentials
•Bachelor of Science, Civil
and Environmental
Engineering, University of
California, Berkeley
•Professional Engineer in
California #C76682
Mike Mowery, P.E. Project Manager Michael is a Team Leader in the Northern California offices of Kimley-Horn. Michael’s experience in the fields of site development as well as transportation planning and design brings a well-rounded background to any project team. He is recognized in the area for his wide range of background including work from site development, TOD project design, entitlements, and transportation design and specific/area plans. For both public and private clients, Mike has been the point person of new development sites for office campuses, hospitality, retail, and residential projects. Through his work on more than 300 projects at the state, regional, and local level, Michael offers a balanced approach to each project to best serve all modes of motorists, cyclists, and pedestrians while creating a safe and comfortable environment to travel to and from their project destination. Relevant Experience • Downtown Dublin Mixed-Use Development, Dublin, CA • Ikea Retail Center, Dublin, CA • Dougherty Road Improvements (Sierra Lane to North City Limit), Dublin, CA • Newpark Specific Plan, Newark, CA • Stoneridge Shopping Mall Redevelopment, Pleasanton, CA • Broadway Plaza Redevelopment, Walnut Creek, CA • San Ramon City Center Transportation EIR Evaluation, San Ramon, CA • Stanford Shopping Mall Redevelopment, Palo Alto, CA • Hillsdale Shopping Center North Block Redevelopment, Menlo Park, CA • Blackhawk Plaza Civil Engineering Services, Danville, CA • Vallco Town Center Specific Plan, Cupertino, CA • San Antonio Shopping Center Area Precise Plan, Mountain View, CA • Los Gatos General Plan Update, Los Gatos, CA • Graton Rancheria Casino and Hotel EIS aka Graton Resort and Hotel EIS, Rohnert Park, CA • Facebook Menlo Gateway Mixed-Use Development, Menlo Park, CA • Bay Meadows Phase I and II Specific Plan and Amendment, San Mateo, CA • Moffett Towers Office Development, Sunnyvale, CA • 725 S Fair Oaks Avenue Hotel, Sunnyvale, CA • Albany Target Peer Review, Albany, CA • El Cerrito Plaza Mixed-Use SEIR Peer Review, Albany, CA • Empire Shopping Center Study, Antioch, CA • Rancho San Juan Mixed-Use DEIR Peer Review, Salinas, CA • University Village Mixed-Use Peer Review, Albany, CA Professional Credentials •Bachelor of Science, Civil Engineering, Colorado State University •Professional Engineer in California #C66353 •American Society of Civil Engineers (ASCE), Member •Institute of Transportation Engineers (ITE), Member •International Parking Institute (IPI), Associate Member •International Council of Shopping Centers (ICSC), member
Ben Huie, P.E. Traffic Engineering Ben is a transportation engineer with more than 13 years of experience in safe routes to school projects, bicycle plans, intersection control evaluations, traffic impact studies, traffic signal design plans, freeway congestion performance monitoring, ramp metering plan development, speed surveys, and roadway design projects. Ben is a project manager with experience working with public and private sector clients. He has worked on projects with agencies throughout the Bay Area. Ben is skilled in the latest versions of Traffix, Synchro, Highway Capacity Software, FreQ, AutoCAD, and Microsoft Office. Relevant Experience • At Dublin Project EIR, Dublin, CA • At Dublin Traffic Signal, Dublin, CA • Dublin High School Review, Dublin, CA • Dublin Westin Hotel CEQA, Dublin, CA • Dublin Kaiser, Dublin, CA • Dublin Moller Ranch TIS, Dublin, CA • Dougherty Road Improvements, Dublin, CA • Blackhawk Plaza, Danville, CA • Broadway Plaza Redevelopment, Walnut Creek, CA • Downtown Napa Specific Plan, Napa, CA • Livermore Old Town TIA, Livermore, CA • MTC, Program for Arterial System Synchronization (PASS), Berkeley, CA • City Center Traffic Study, Sunnyvale, CA • Napa Civic Center, Napa, CA • San Leandro Technology Park, San Leandro, CA • Sequoia Gateway TIS, Visalia, CA • Lake Merritt BART, Oakland, CA • Newman Development, Vallejo, CA • Graton Casino, Rohnet Park, CA • Cal High Parking Study, San Ramon, CA • O’Connell Napa TIA, Napa, CA • Pittsburg Fire Station TIA, Pittsburg, CA • Richmond Traffic Safety, Richmond, CA • Menlo Gateway Traffic Planning, Menlo Park, CA • Bay Meadows, San Mateo, CA • Tracy Hills Specific Plan, Tracy, CA • Hills at Vallco, Cupertino, CA • Napa Trinitas Hotel TIA, Napa, CA • Onnie Christie TIA, Emeryville, CA • Tasman Drive Traffic Study, Santa Clara, CA Professional Credentials •Bachelor of Science, Civil and Environmental Engineering, University of California, Berkeley •Professional Engineer in California #C76682
253
6. Cost Schedule
Task Description/Outreach Cost ($)
A. BACKGROUND RESEARCH 70,000
A.1 Planning Doc Review (ELS, UFS)10,000
A.2 Urban Design Site Analysis (ELS, UFS) 10,000
A.3 Land Use Market Analysis (KMA, RRER, BLP)15,000
1 Landowner Meetings (#1) (Team)10,000
1 Community Advisory Committee Meetings (#1 ) (Team)10,000
1 City Council & 1 PC Meeting (#1) (Team)15,000
B. PUBLIC ENGAGEMENT 37,000
B.1 Project Website Setup and Content and Maintenance (ELS, UFS)15,000
1 Asynchronous Online Survey (#1) (ELS, UFS)10,000
1 Snychronus Community Meeting (#1) (Team)12,000
Digital Outreach Tools (beyond zoom) 15,000
C. LAND USE FRAMEWORK 114,500
C.1 Innovative Development Case Studies (RRER, BLP)10,000
C.2 Three Broad Planning Concepts (ELS. UFS)25,000
C.3 Economic Viability Memo (KMA)7,500
1 Landowner Meeting (#2) (ELS, UFS, KMA, RRER, BLP)10,000
1 Community Advisory Committee Meeting (#2) (Team)10,000
1 City Council & 1 PC Meeting (#2) (Team)15,000
1 Synchronus Community Meeting (#2) (Team)12,000
1 Asynchronous Online Survey (#2) (ELS. UFS)10,000
1 Consensus Through Education Video (ELS. UFS)15,000
Task Description/Outreach Cost ($)
D. PREFERRED PLAN 133,000
D.1 Preferred Plan 33,000
D.2 4 Character Renderings (ELS. UFS)25,000
D.3 Building Program Area Analysis (ELS)5,000
D.4 Economic Viability Memo update (KMA)4,000
2 Landowner Meetings (#3 and #4) (ELS, UFS, KMA, RRER, BLP) 19,000
1 Community Advisory Committee Meeting (#3) (ELS, UFS, KMA, RRER) 10,000
1 City Council & 1 PC Meeting (#3) (Team)15,000
1 Synchronous Community Meeting (#3) (Team)12,000
1 Asynchronous Community Meeting (#4) (Team) 10,000
E. GENERAL PLAN AMENDMENT STUDY SUMMARY REPORT
A brief report for General Plan Amendment if needed (ELS, UFS)10,000
F. ON CALL IMPLEMENTATION SUPPORT
Consultants to provide on-call services TBD on hourly basis NTE 20,000
A-F. ALL TASKS AND MEETINGS + OUTREACH TOOLS
Tasks A-F 399,500
General Notes:
1. Each task to be delivered in a digital presentation format to be posted to project website.
2. All Community Meetings and City Council Workshops to be recorded in Zoom and include digital
presentations to be posted to project website.
3. Meetings for preparation, progress, coordination and project management are provided as needed per
City’s preference and built into fees.
4. Due to the dynamic nature of the work represented here, we may allocate funds not used in certain
tasks to other tasks.
5. If meetings require in-person attendance at City Hall in Dublin, a cost of $550 per attendee will be
in addition to the above fees. In-person attendance limited to groups of 12 people or less in a socially
distanced setting.
17
Attachment 4
254
Subconsultants
HOURLY BILLING RATES ($) BY CLASSIFICATION
URBAN FIELD STUDIO
Principal in Charge 235.00 KEYSER MARSTON ASSOCIATES
Chairman, President, Managing Principals* 280.00
Senior Principals* 270.00
Principals* 250.00
Managers* 225.00
Senior Associates 187.50
Associates 167.50
Senior Analysts 150.00
Analysts 130.00
Technical Staff 95.00
Administrative Staff 80.00
* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.
RETAIL REAL ESTATE RESOURCES
Principal in Charge 285.00
BERNESE LANE PARTNERS
Principal in Charge 225.00
KIMLEY-HORN
Senior Professional II 275.00 - 310.00
Senior Professional I 210.00 - 285.00
Professional 170.00 - 210.00
Senior Technical Support 130.00 - 200.00
Analyst 125.00 - 170.00
Technical Support 100.00 - 140.00
Support Staff 95.00 - 115.00
ELS Architecture and Urban Design
HOURLY BILLING RATES ($) BY CLASSIFICATION
Principals 185.00–260.00
Associate Principals 175.00–225.00
Associates 130.00–180.00
Professional Staff 90.00–190.00
Technical/Support Staff 80.00–145.00
Rates are subject to revision on June 1, 2021 in accordance with cost of living adjustments. Individual billing rates and/or
classifications may change during the year to reflect a change in status and/or merit salary adjustments.
REIMBURSABLE EXPENSES
Reimbursable expenses shall be billed at cost times 1.1 and shall include actual expenditures made in the interest of the project, in
the following categories:
1. Outside consultants
2. Expense of transportation and living expenses in connection with out-of-town travel, as authorized by the Client
(international flights shall be business class)
3. Long distance communications and facsimiles
4. Reproduction and photography
5. Postage, shipping, and delivery
6. Fees paid for securing approval of authorities having jurisdiction over the project
7. Professional renderings and models as requested by the Client
MISCELLANEOUS PROVISIONS
Invoices will be submitted monthly and are due upon receipt. Invoices more than 60 days overdue will be subject to a handling
charge of 1.5 percent per month. If the Owner fails to make payment when due, the Architect may, at its option, upon seven days
written notice to the Owner, suspend performance of services.
Architect’s services may be terminated by either party upon seven days’ written notice. In the event of termination that is not the
fault of the Architect, the Architect shall be compensated for services performed and expenses incurred prior to termination.
The Drawings, Specifications, and other documents prepared by the Architect for this Project are instruments of the Architect’s
service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of
these documents and shall retain all common law, statutory, and other reserved rights, including the copyright. The Owner shall
be permitted to retain copies, including reproducible copies, for the Architect’s Drawings, Specifications, and other documents
for information and reference in connection with the Owner’s use and occupancy of the Project. The Architect’s Drawings,
Specifications, and other documents shall not be used by the Owner or others on other projects, for additions to this Project,
or for completion of this Project by others, unless the Architect is adjudged to be in default under the Agreement, except by
agreement in writing and with appropriate compensation to the Architect. If the Owner, or others through the Owner, request
copies of electronic data files (“CAD Data”) prepared by the Architect or its Consultants for the Project, the parties agree to
execute the Architect’s CAD Agreement prior to the transfer of such CAD Data.
Unless otherwise provided, the Architect and its Consultants shall have no responsibility for the discovery, presences, handling,
removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to
asbestos, asbestos products, polychlorinated biphenyl (PCB), or other toxic substances.
6. Billing Rates
18
255
SCS Property Community OutreachCity CouncilMarch 2, 2021256
SCS Property Location257
Background•October 2017 – GPA Imitation Study •January 2018 – At Dublin Application Submittal•October 2018 – Planning Commission•October 2019 – At Dublin Revised Application•February 2020 – Planning Commission•August 2020 – City Council
258
2018 At Dublin Project259
2019 At Dublin Project260
Community Outreach•City Council August 2020 directive–Leave GPA Study open–Work with property owner and conduct community outreach for input on future use and development•Urban Land Institute Technical Advisory Panel–Multidisciplinary advice on complex land issues–Tentative scheduled for June 2021•ELS Architecture & Urban Design–Urban design, community engagement, commercial real estate261
Community Outreach cont’d.•Task A: Background Research (April 2021)•ULI TAP (June 2021)•Task B: Public Facing Engagement (August 2021)•Task C: Land Use Framework (October 2021)•Task D: Preferred Plan (January 2022)•Task E: GPA Study Recommendation (April 2022)262
Guiding Principles•The goal of the outreach process is to gain consensus on preferred land use and future development of the property.•The outreach process will include a variety of interested parties including the property owner, adjacent property owners (i.e., Grafton, Lowe’s), adjacent homeowner’s associations and the Dublin Chamber of Commerce.•The preferred plan will create the framework for a mixed-use private project including limited public amenities.•The preferred plan will establish minimum residential densities.•The preferred plan will meet the goals of the property owner to create a financially and economically feasible project in the current market and long-term sustainability for the City.263
RecommendationReview the proposed City-led community outreach process, provide input on the guiding principles for the process and adopt the ResolutionApproving a Consulting Services Agreement Between the City of Dublin and ELS Architecture & Urban Design for the SCS Property Community Outreach.264
STAFF REPORT
CITY COUNCIL
Page 1 of 6
Agenda Item 8.1
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Fiscal Year 2020-21 2nd Quarter Financial Review
Prepared by: Lisa Hisatomi, Director of Administrative Services and Colleen
Tribby, Assistant City Manager
EXECUTIVE SUMMARY:
The City Council will receive a financial report through the second quarter for Fiscal Year 2020-21
and consider amendments to the Fiscal Year 2020-21 Budget via a budget change.
STAFF RECOMMENDATION:
Receive the report and approve the budget change.
FINANCIAL IMPACT:
Approval of the budget change will result in a net increase to the General Fund revenue budget of
$1,023,873 and a net decrease in the General Fund expenditure budget of $1,321,849, for a net
increase in General Fund reserves of $2,345,722. The City is projected to be in an operating
surplus position of $10,026,821 in Fiscal Year 2020-21. Total General Fund reserves are projected
at $178,917,097 by June 30, 2021.
This report also contains various budget changes in other funds requiring City Council approval.
DESCRIPTION:
The purpose of this report is to update the City Council on the status of the Fiscal Year 2020-21
General Fund Amended Budget and projected reserves. As a reminder, the Amended Budget
includes budget amendments already approved by the City Council since July 1, as well as carry-
over budgets from the prior year. The Budget Change Form (Attachment 4) lists all new
amendments needing approval in the General Fund as well as in other funds.
Overview
In May 2020, two months into the County Shelter-in-Place, Staff presented the Fiscal Year 2020-21
Budget using certain assumptions about how the COVID-19 pandemic was expected to impact the
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City’s major revenue categories. The primary adjustments made in the adopted budget were
reductions to tax revenues (property tax, sales tax, and transient occupancy tax), interest income,
recreation services through Summer 2020 (related revenues and expenditures), and development
services (related revenues and contracted expenditures).
Throughout the fiscal year, Staff has adjusted programs and activities to comply with changing
health guidelines and has monitored revenues to ensure that estimates stay on track overall. As
the pandemic reaches the one-year mark, Staff is proposing adjustments to the adopted budget to
realign revenues and expenditures with actual experience during this unprecedented time.
General Fund Changes
Table 1 below reflects the proposed changes to revenues and expenditures in this mid-year report
and their impacts on total City reserves, followed by a discussion of the changes.
Table 1: Revenue and Expenditure Changes
Category Revenues Expenditures Total Impact
Property Tax $1,500,000 $1,500,000
Sales Tax 2,000,000 $2,000,000
Transient Occupancy Tax (350,000)($350,000)
Parks & Recreation Programs (2,877,011) (1,422,765)($1,454,246)
One-time Revenues 667,000 $667,000
Development Services (156,116) (238,084)$81,968
Contract Services 69,000 ($69,000)
Other Revenues / Expenditures 240,000 270,000 ($30,000)
Total Impact on GF Reserves $1,023,873 ($1,321,849)$2,345,722
Property Tax Revenue – increase of $1,500,000
The Fiscal Year 2020-21 property tax budget included a reduction of $1.3 million from the pre-
COVID forecast, which has not materialized. The proposed increase restores those reductions and
accounts for growth in assessed valuation. Staff anticipates that the impacts due to a reduction in
the number of sales during 2020, and potentially price reductions, will be seen in Fiscal Year
2021-22. This will be reflected in the next budget cycle.
Sales Tax Revenue – increase of $2,000,000
The Fiscal Year 2020-21 sales tax budget was put together using trend reports prepared in April
2020, which included a recessionary impact from COVID-19 based on analyses of previous
recessions and a review of industry, economist, and news reports. In summary, the adopted
budget of $19.6 million in sales tax reflected a much more severe impact of COVID-19 than has
been realized this year.
One of the key components of the budget was the anticipation of a high unemployment rate, which
Staff and the consultant expected would significantly impact consumer behavior and result in a
large hit to sales tax revenue. In reality, an increase in unemployment did not have the
proportionate opposite effect on the overall purchase of goods – an outcome that was not widely
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expected.
Another key assumption in the budget was a steep decline in the auto and transportation sector,
which has not materialized at the level anticipated. During the pandemic, consumers have saved
money on things like gasoline, restaurant dining, and vacations, and have tended to increase
purchasing in other areas, such as for higher-end and upgraded vehicles and more expensive
lifestyle vehicles such as trucks, recreational vehicles, and travel trailers.
Furthermore, online shopping has done much better than was predicted in April 2020. Sales tax
from online purchases is deposited into a County pool, from which the cities receive an allocation
based on their proportions of total County sales. The most recent sales tax report shows Dublin’s
pool revenue increased $650,000 from the projections in April.
Transient Occupancy Tax (TOT) Revenue– decrease of $350,000
The Fiscal Year 2020-21 budget projected losses in TOT, or hotel tax, over the first few months of
the year, with recovery beginning in the fall of 2020. In fact, the Shelter-in-Place extended longer
than anticipated and subsequently became more restrictive under the County’s Stay-at-Home
Order as COVID-19 numbers worsened.
Parks and Community Services Programs Revenue – net decrease of $1,454,246
The Fiscal Year 2020-21 budget incorporated revenue losses and expenditure decreases through
the summer for cancelled recreational programs and facility closures. Since then, the Shelter-in-
Place Order and subsequent, more restrictive Stay-at-Home Order, forced the City to extend
closures and cancellations, and to make other unanticipated modifications to program offerings.
As a result, revenues for Parks and Community Services are projected to be $2,877,011 lower than
budgeted, partially offset by a decrease in related expenditures by $1,422,765 for reductions in
seasonal employee and contracted services costs. Staff expects COVID-19 impacts to extend into
the next fiscal year as well and will incorporate a number of adjustments to recreational
programming into the next budget adoption. Recovery in this category will depend not only on re-
openings but on participant readiness to re-engage in activities.
One-Time Revenues – increase of $667,000
The budget for one-time revenues is being adjusted for the receipt of a development
reimbursement for the construction of Clover and Sunrise Parks ($226,000) and a Community
Benefit Payment from the Avesta project ($441,000).
Development Services – net expenditure reduction of $81,968
Due to a shift in the timing of various projects, development revenues are expected to decrease
$156,010 from the budget, offset by a reduction of $238,084 in related expenditures.
Contract Services Expenditures – net increase of $69,000
Contract Services costs are increasing as the net result of the following:
o Public Works’ use of consulting services during staffing vacancies (+$306,000).
o Additional crime lab processing costs in Police Services (+$33,000).
o Decreased costs for the contract with the Alameda County Library (-$100,000).
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o Decreased costs for unused Crossing Guard services (-$170,000).
Other Revenues – increase of $240,000
Santa Rita fire service reimbursement revenues are projected to increase $150,000 over budget
due to an increase in the number of fire service calls for service to the Santa Rita Jail. Other minor,
miscellaneous revenues and fees are projected to increase a combined total of $90,000.
Other Expenditures – increase of $270,000
Insurance claims expenditures are increasing $150,000 in the City’s risk management programs
based on year-to-date insurance claims received; and capital outlay expenditures are increasing
$120,000 for the Public Works Department’s work-space reconfiguration.
General Fund Reserves and Transfers Out
After incorporating all adjustments, total reserves are projected to decrease $11,732,126 from
prior year, as illustrated in Table 2 below.
Table 2: General Fund Reserve Changes
FY 2019-20
Actual
FY 2020-21
Adopted
FY 2020-21
Amended Q2 Change
New FY 2020-21
Amended
Reserves, Beg. of Year $171,225,773 $190,649,224 $190,649,224 $190,649,224
Revenues 102,909,631 92,390,619 92,786,266 1,023,873 93,810,139
Expenditures 74,251,883 81,079,773 85,048,567 (1,321,849)83,726,718
Transfers to CIPs/ISF 9,234,298 3,231,570 21,815,548 21,815,548
Reserves, End of Year $190,649,224 $198,728,500 $176,571,375 $2,345,722 $178,917,097
Change from prior year $8,079,276 ($14,077,848)($11,732,126)
The decrease in reserves is due primarily to the planned use of reserves for capital projects. The
City has $21,815,548 budgeted in transfers out of the General Fund, the majority of which
($18,655,693) is covered by Committed and Assigned Reserves. Table 3 summarizes General Fund
Transfers Out by reserve category.
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Table 3: Summary of General Fund Transfers Out
Type
FY 2019-20
Actual
FY 2020-21
Adopted
FY 2020-21
Amended
Q2
FY 2020-21
Amended
Designated Reserves
CIP Specific - Assigned/Committed $7,668,923 $71,715 $13,153,447 $13,153,447
CIP Carryovers - Assigned 3,502,246 3,502,246
Contribution to ISF 229,066
Contribution to OPEB/PERS 2,000,000 2,000,000
Subtotal - Designated Reserves $7,897,989 $71,715 $18,655,693 $18,655,693
Undesignated Reserves
CIPs $336,309 $1,159,855 $1,159,855 $1,159,855
Contribution to OPEB/PERS 1,000,000 1,000,000 1,000,000
Contribution to ISF 1,000,000 1,000,000 1,000,000 1,000,000
Subtotal - Undesignated Reserves $1,336,309 $3,159,855 $3,159,855 $3,159,855
Total Transfers Out $9,234,298 $3,231,570 $21,815,548 $21,815,548
A listing of changes to specific reserves is provided as Attachment 2 (General Fund Reserves
Summary). A detailed list of transfers out of the General Fund is provided as Attachment 3.
Non-General Fund Items
In addition to the changes to the General Fund, there are various budget amendments in other
funds that require City Council approval, to account for the following:
Decrease Public Facilities Fee Fund revenue by a net $3,879,000 due primarily to the change in
timing of development projects, shifting project revenue into the future years.
Increase appropriations by $48,000 in the Vehicle Abatement Fund to procure a police vehicle
for the vehicle abatement function.
Increase appropriations for electricity costs by a combined total of $125,400 in various
Assessment District Funds and the Traffic Safety Fund due to PG&E’s rate increases and for
increased costs upon acceptance of new streetlights/traffic signals.
Increase appropriations for operating supplies and contract services by a combined total of
$37,400 in various Street Lighting District Funds to fix/replace streetlights.
Increase appropriations for the County’s property administration costs by $5,000 in the CFD
2017-1 Special Assessment District Fund.
STRATEGIC PLAN INITIATIVE:
Strategy 2: Explore New City Revenue Streams for Long Term Financial Stability
Objective 2D: Continue to maintain strong fiscal policies.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
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ATTACHMENTS:
1) General Fund Summary
2) General Fund Reserves
3) General Fund Transfers Out
4)Budget Change
270
PRELIMINARY GENERAL FUND SUMMARY - Q2 FY 2020-21
Actual
2019-20
Adopted
Budget
2020-21
Amended
Budget
2020-21
Q2
Adjustment
New Amended
2020-21
Revenues
Property Tax $49,086,335 $48,896,000 $48,896,000 $1,500,000 $50,396,000
Sales Tax 21,439,886 19,595,050 19,595,050 2,000,000 21,595,050
Sales Tax Reimbursements (407,431) (610,000) (610,000) (610,000)
Development Revenue 6,716,056 6,951,077 6,951,077 (156,116) 6,794,961
Transient Occupancy Tax 1,567,987 1,000,000 1,000,000 (350,000) 650,000
Other Taxes 5,712,336 5,676,387 5,676,387 5,676,387
Licenses & Permits 236,972 238,506 238,506 102,000 340,506
Fines & Penalties 85,128 107,432 107,432 (45,000) 62,432
Interest Earnings 3,652,445 1,600,000 1,600,000 1,600,000
Rentals and Leases 974,392 1,329,966 1,329,966 (523,079) 806,887
Intergovernmental 306,425 250,000 250,000 250,000
Charges for Services 5,644,465 6,222,359 6,222,359 (2,061,213) 4,161,146
Other Revenue 1,374,275 1,077,242 1,472,889 557,281 2,030,170
Subtotal Revenues - Operating $96,389,272 $92,334,019 $92,729,666 $1,023,873 $93,753,539
Transfers In $87,098 $56,600 $56,600 $56,600
Unrealized Gains/Losses 6,433,261
Total Revenues $102,909,631 $92,390,619 $92,786,266 $1,023,873 $93,810,139
Expenditures
Salaries & Wages $10,978,176 $11,886,262 $11,886,262 ($664,261) $11,222,001
Benefits 4,890,980 5,016,611 5,016,611 5,016,611
Services & Supplies 2,928,191 3,892,942 4,044,425 (145,658) 3,898,767
Internal Service Fund Charges 2,977,333 3,685,246 3,685,246 3,685,246
Utilities 2,427,310 2,925,055 2,925,151 2,925,151
Contracted Services 46,071,154 53,053,169 56,444,785 (620,750) 55,824,035
Capital Outlay 3,959,753 397,883 719,482 108,820 828,302
Contingency & Miscellaneous 18,987 222,605 326,605 326,605
Subtotal Expenditures - Operating $74,251,883 $81,079,773 $85,048,567 ($1,321,849) $83,726,718
Operating Impact (REV-EXP)$22,137,389 $11,254,246 $7,681,099 $2,345,722 $10,026,821
Transfer Outs & Contributions to Other Funds
Transfers Out (CIPs) - Undesignated $336,309 $1,159,855 $1,159,855 $1,159,855
Transfers Out (CIPs) - Carryover from Prior Year $3,502,246 $3,502,246
Transfers Out (CIPs) - Com./Assig. Reser 7,668,923 71,715 13,153,447 13,153,447
Contribution to OPEB/PERS 1,000,000 3,000,000 3,000,000
Contribution to ISF 1,229,066 1,000,000 1,000,000 1,000,000
Total Expenditures $83,486,181 $84,311,343 $106,864,115 ($1,321,849) $105,542,266
GF Impact (Include CIP & Transfers) $19,423,450 $8,079,276 ($14,077,848) $2,345,722 ($11,732,126)
TOTAL GENERAL FUND BALANCE $190,649,224 $198,728,500 $176,571,375 $178,917,097
Contracted Services Detail
Actual
2019-20
Adopted
Budget
2020-21
Amended
Budget
2020-21
Q2
Adjustment
New Amended
2020-21
Police Services (1)$19,619,858 $21,298,390 $21,443,621 $21,443,621
Fire Services (1)13,325,437 14,290,786 14,290,786 14,290,786
Maintenance Services (MCE) 4,860,718 5,736,382 5,736,382 5,736,382
Development (CDD and PW) 3,142,265 4,616,073 4,878,821 4,878,821
Other Contracted Services (2)5,122,876 7,111,538 10,095,175 (620,750) 9,474,425
Total Contracted Services $46,071,154 $53,053,169 $56,444,785 ($620,750) $55,824,035
(1) Police and Fire liability insurance amounts are not included above, they are included in Services & Supplies.
(2) Other Contracted Services Amended Budget includes $1.3M carryover from FY 20-21; $1.0M for small business recovery
loans, $377K for Camp Parks waste inter-governmental contract with offset revenue, and $228K for housing element update
Atachment 1
Attachment 1
271
GENERAL FUND RESERVES - Q2 FY 2020-21
RESERVE DESCRIPTION
Actual
2019-20
Increase
2020-21
Decrease
2020-21
Net
Change
Projected
2020-21
Non-Spendable $13,061 $13,061
Prepaid Expenses 13,061 13,061
Restricted $1,938,000 $441,000 $441,000 $2,379,000
Cemetery Endowment 60,000 60,000
Developer Contr - Downtown 1,049,000 441,000 441,000 1,490,000
Developer Contr - Heritage Pk 19,000 19,000
Developer Contr - Nature Pk 60,000 60,000
Heritage Park Maintenance 750,000 750,000
Committed $57,828,474 $410,000 ($10,890,544) ($10,480,544) $47,347,931
Advance to Public Facility Fee 7,500,000 7,500,000
Downtown Public Impr 8,454,625 8,454,625
Economic Development 126,359 (126,350) (126,350)9
Economic Stability 8,000,000 8,000,000
Emergency Communications 532,113 (1,736) (1,736)530,377
Fire Svcs Pension/OPEB 5,324,225 5,324,225
Innovations & New Opport 1,065,471 (170,973) (170,973)894,498
One-Time Initiative - Capital 4,993,150 (1,543,503) (1,543,503)3,449,647
One-Time Initiative - Operating 503,860 503,860
Public Safety Reserve 2,000,000 2,000,000
Specific Committed Reserves
Cemetery Expansion (CIP)1,447,764 (1,447,764) (1,447,764)
Contribution to Public Facility Fee 6,000,000 6,000,000
Cultural Arts Center 4,539,197 (4,539,197) (4,539,197)
Donlon Way Acquisition 410,000 410,000 410,000
Don Biddle Park (CIP)1,500,000 (1,500,000) (1,500,000)
Dublin Sports Ground (CIP)1,502,671 (1,502,671) (1,502,671)
Fallon Sports Park III Contingency 3,110,500 3,110,500
Maintenance Facility (CIP)58,350 (58,350) (58,350)(0)
Utility Undergrounding (CIP)1,170,190 1,170,190
Assigned $64,004,659 ($4,674,038) ($4,674,038) $59,330,621
Accrued Leave 1,044,730 1,044,730
Catastrophic Loss 17,702,316 17,702,316
CIP Carryovers 3,502,246 3,502,246
Fiscally Responsible Adj 325,000 325,000
Municipal Regional Permit 2,282,905 (177,522) (177,522)2,105,383
Non-Streets CIP Commitments 2,462,100 2,462,100
Operating Carryovers 1,724,011 1,724,011
Parks and Streets Contingency 226,227 (24,957) (24,957)201,270
Pension & OPEB 15,000,000 15,000,000
Pension Rate Stabilization Plan 2,000,000 (2,000,000) (2,000,000)
Relocate Parks Dept 250,000 250,000
Service Continuity 3,150,000 3,150,000
Specific Assigned Reserves
Climate Action Plan 3,000,000 3,000,000
Contribution to ISF 1,500,000 1,500,000
Façade Improvement Grants 374,157 374,157
HVAC Replacement & Civic Ctr Improv. (CIP)4,202,041 (2,212,634) (2,212,634)1,989,407
Public Safety Complex (CIP)258,925 (258,925) (258,925)
Village Pkwy Pavemt Recon 5,000,000 5,000,000
Unassigned $66,865,029 $15,564,582 ($12,583,126) $2,981,455 $69,846,485
Unassigned-Unrealized Gains 8,453,240 8,453,240
Unassigned (Available)58,411,790 (410,000)61,393,245
TOTAL RESERVES $190,649,224 $16,415,582 ($28,147,708) ($11,732,126)$178,917,097
Attachment 2
Attachment 2
272
GENERAL TRANSFERS OUT
Project
FY 2020-21
Adopted
FY 2020-21
Amended
Funded by
Committed /
Assigned Reserve*
CIPs
Annual Street Resurfacing $468,000 $468,000
Audio Visual System Upgrade 65,020 65,020
City Entrance Monument Signs 285,000 285,000
Citywide Bicycle & Pedestrian Imp. 108,000 325,766 217,766
Citywide Energy Imp. 35,860 35,860
Citywide Signal Comm. Upgrade 1,420,149 1,420,149
Civic Center HVAC and Roof Replacement 2,212,634 2,212,634
Cultural Arts Center 4,539,197 4,539,197
Don Biddle Community Park 2,100,000 2,100,000
Dougherty Rd. Imp. - Sierra Ln 93,485 93,485
Downtown Dublin Street Grid Network 140,840 140,840
Downtown Dublin Town Square Park 68,020 68,020
Dublin Blvd Extension 123,000 123,000
Dublin Heritage Park Cemetery Phase 1,447,764 1,447,764
EV Charging Stations 142,041 142,041
Financial System Replacement 1,845,000 1,845,000
Green Stormwater Infrastructure 71,715 71,715 71,715
Imagine Playground at Dublin Sports Ground 1,502,671 1,502,671
Maintenance Yard Facility Imp. 58,350 58,350
Police Services Building 258,925 258,925
Resiliency and Disaster Preparedness Imp 22,085 22,085
Restrooms Replacement 83,880 83,880
San Ramon Road Landscape Renovation 238,660 238,660
San Ramon Road Trail Imp. 99,335 99,335
Solar PV Canopies at The Wave 168,150 168,150
Subtotal Transfers Out to CIPs $1,231,570 $17,815,548 $16,655,693
Other Contributions
Contribution to OPEB/PERS $1,000,000 $3,000,000 $2,000,000
Contribution to ISF 1,000,000 1,000,000
Subtotal Transfers Out to Other $2,000,000 $4,000,000 $2,000,000
Total General Fund Transfers Out $3,231,570 $21,815,548 $18,655,693
* Include CIP Carryovers Assigned Reserve
Attachment 3
Attachment 3
273
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
1001.0000.42101 (Sales Tax)$2,000,000
1001.0000.41101 (Property Tax)$1,500,000
1001.0000.42301 (TOT)($350,000)
1001.1402.48111 (Bldg Use Insurance)($25,000)
1001.xxxx. 49121 (PCS - Multiple Programs -Sponsorship)($34,550)
1001.xxxx. 46200 (PCS - Multiple Programs - Facility Rentals)($523,079)
1001.xxxx. 48000 (PCS - Multiple Programs - Charge for Svcs)($2,214,713)
1001.xxxx. 49102 (PCS - Multiple Programs - Concessions)($104,775)
1009.8101.48911 (Zoning)($309,510)
1001.0000.44111 (Pole License Fee)$7,000
1001.5201.48504 (EV Charging Fee)$2,000
1001.5201.48505 (Stormwater Inspections)$14,000
1001.8301.44241 (Encroachment Permits)$113,500
1001.8301.44242 (Grading)$95,000
1001.2101.45111 (Other Court Fines)($25,000)
1001.2101.45121 (Parking Citations)($20,000)
1001.2402.48301 (Fire Alarm)$12,000
1001.2401.48399 (Santa Rita Fire Services)$150,000
1001.8301.48921 (Plan Checking)$40,000
1001.0000.49101 (Sale of Property)$30,000
1009.8301.48935 (Development Services Reimb)$226,000
1005.0000.49151 (Community Benefit Payments)$441,000
Public Facilities Fund - Developer Contributions
4101.0000.49161 (Community Parkland)$200,000
4102.0000.49161 (Neighborhood Parkland)$85,000
4103.0000.49161 (Community Park Improvements)($1,448,000)
4104.0000.49161 (Neighborhood Park Improvements)($846,000)
4105.0000.49161 (Community Buildings)($1,197,000)
4106.0000.49161 (Library)($86,000)
4107.0000.49161 (Civic Center)($477,000)
4108.0000.49161 (Aquatic)($110,000)
Increase sales tax based on consultant's updated
projections
COVID impact
Timing of development projects, with offset decrease in
expenditure
Community Development payment from project
Developers opted to pay in-lieu fee instead of using fee
credits
Timing of development project
Based on YTD actuals
Developer reimbursements for Clover & Sunrise Parks
Sales of police and fire vehicles
REVENUES
CITY OF DUBLIN
FISCAL YEAR 2020-21
BUDGET CHANGE FORM
City Council's Approval Required
General Fund
Anticipated a higher delinquency rate due to COVID-19 not
realized and increase in property values
Attachment 4
Attachment 4
274
Budget Change Reference #:
FISCAL YEAR 2020-21
BUDGET CHANGE FORM
City Council's Approval Required
1001.1402.61602 Insurance - Claims Paid)$150,000
1001.2111.64001(Police Support - Contract Services)$33,000
1001.2601.64001 (Crossing Guard - Contract Services)($170,000)
1001.7301.64001(Library Services - Contract Services)($100,000)
1009.8101.65106 (Community Dev. - Professional Services
Reimbursable)
($238,084)
1001.3101.71101 (Public Works - Capital Outlay)$120,000
1001.8301.64091 (Public Works - Engineering Contract Services)$306,000
1001.xxxx.51202 (PCS - Temporary Salaries)($664,261)
1001.xxxx.61000 (PCS - Operating Expenditures)($295,658)
1001.xxxx.64000 (PCS - Contract Services)($451,666)
1001.xxxx.64000 (PCS - Capital Outlay)($11,180)
Special Revenue Funds
2102.2111.72105 (Vehicle Abatement Fund - Vehicle)$48,000
2106.2801.63202 (Traffic Safety Fund - Electric)$32,000
2701.2802.61104 (Street Light Dist 1983-1 - Operating Supplies)$9,000
2701.2802.63202 (Street Light Dist 1983-1 - Electric)$51,000
2703.3401.63202 (Landscape Dist Dougherty 1986-1 - Electric)$200
2704.3401.63202 (Landscape District Santa Rita 1997-1 - Electric)$200
2705.2802.61104 (Street Light Dist East Dublin 1999-1- Operating
Supplies)
$4,000
2705.2802.63202 (Street Light Dist East Dublin 1999-1- Electric)$42,000
2705.2802.64001 (Street Light Dist East Dublin 1999-1- Contract
Services)
$24,400
2710.3921.64001 (CFD 2017-1 - Contract Services)$5,000
Iron Horse Trail Bridge at Dublin Boulevard
ST0118.9400.9401 (3600.9601.73103) Iron Horse Trail Bridge at
Dublin - Improvements - Not Buildings $1,500,000
ST0118.2218 (2218.9601.89101) Measure RR - Safe Routes to
BART - Streets CIP - Transfer Out $1,500,000
3600.9601.49999 (Transfers In) $1,500,000
2218.0000.47305 Measure RR - Safe Routes to BART - Other
Agency Grants $1,500,000
3/2/2021
New streetlights turned over to the City
PG&E time-of-use charge rate increase
Timing of development projects, with offset decrease in
revenue
Library not opened during shelter-in-place
General Fund
Based on claims received
Procure a police vehicle for vehicle abatement function
School not opened during shelter-in-place
Crime lab services
OPERATING EXPENDITURES
County property tax admin cost
**********Finance Use Only**********
As Presented at the City Council Meeting
CIPs
Account for the Bay Area Rapid Transit District (BART)
$1,500,000 in Measure RR Safe Routes to BART (SR2B)
program funding for the Iron Horse Trail Bridge at Dublin
Boulevard Project
Public Works work space reconfiguration
Utilization of contract services for staff vacancies
Additional traffic signals and PG&E time-of-use charge rate
increase
Materials to fixe two street lights knocked down events
Additional street lights and PG&E time-of-use charge rate
increase
Materials to fixe two street lights knocked down events
Installation of two replacement streetlights
COVID impact
Attachment 4275
Budget Change Reference #:
FISCAL YEAR 2020-21
BUDGET CHANGE FORM
City Council's Approval Required
Posted By:Date:
Attachment 4276
FY 2020-21 2nd Quarter
Financial Review
March 2, 2021
ITEM 8.1
277
Summary
Revenues -Net Increase $1,023,873
•Property Tax +$1,500,000
o Restore projected COVID reduction
o Some growth in assessed valuation
•Sales Tax +$2,000,000
o COVID impact not as severe
o Consumer behavior change –Auto
o Online sales growth higher than projected
•TOT -$350,000
o Extension of Shelter-in-Place
278
Summary
•Parks & Recreation Programs -$2,877,011
o COVID impact through summer in budget
o Extension and restrictive Stay-at-Home order
o Program cancellations and facility closures
o Net program impact -$1,454,246
•Other Revenues +$750,884
o One-time revenue +$667,000
o Development Revenues -$156,116
o Other +$240,000
279
Summary
Expenditures -Net Decrease $1,321,849
•Parks & Recreation Program -$1,422,765
o Cancellation of programs and facility closures
o Reduction in program costs
o Net program impact -$1,454,246
•Development Services -$238,084
o Timing of project, offset by revenue reduction
•Contract Services +69,000
o Backfill staff vacancies
o Additional police crime lab services
o Reduction in library & crossing guard services
280
Summary
•Other Expenditures +$270,000
o Risk management program
o Work -space reconfiguration
Net Impact
+$2,345,722
281
Transfers Out
Total Transfers out = $21,815,548
•FY 20-21 Adopted = $ 3,231,570
•Carried over from FY 19-20 = $10,832,147
•Budget added during FY 20-21 = $ 7,751,831
•Total $21,815,548
Total funded with Reserves = $18,655,693
•CIP -$16,655,693
•PERS -$2,000,000
282
Transfers Out
Type Project Amount
Assigned City Entrance Monument Signs $285,000
Assigned Citywide Bicycle & Pedestrian Imp.217,766
Assigned Civic Center HVAC and Roof Replacement 2,212,634
Assigned Dougherty Rd. Imp. -Sierra Ln 93,485
Assigned Dublin Blvd Extension 123,000
Assigned Financial System Replacement 1,845,000
Assigned Green Stormwater Infrastructure 71,715
Assigned Police Services Building 258,925
Assigned San Ramon Road Landscape Renovation 238,660
Assigned San Ramon Road Trail Imp.99,335
Subtotal -Assigned $5,445,520
Committed Citywide Signal Comm. Upgrade $1,420,149
Committed Cultural Arts Center 4,539,197
Committed Don Biddle Community Park 2,100,000
Committed Dublin Heritage Park Cemetery Phase 1,447,764
Committed EV Charging Stations 142,041
Committed Imagine Playground at Dublin Sports Ground 1,502,671
Committed Maintenance Yard Facility Imp.58,350
Subtotal -Committed $11,210,173
Total Transfers Out to CIPs $16,655,693
283
Reserves
FY 2019-20
Actual
FY 2020-21
Adopted
FY 2020-21
Amended Q2 Change
New
FY 2020-21
Amended
Beginning of Year $171,225,773 $190,649,224 $190,649,224 $190,649,224
Revenues 102,909,631 92,390,619 92,786,266 1,023,873 93,810,139
Expenditures 74,251,883 81,079,773 85,048,567 (1,321,849)83,726,718
Transfers Out 9,234,298 3,231,570 21,815,548 21,815,548
End of Year $190,649,224 $198,728,500 $176,571,375 $2,345,722 $178,917,097
Change from prior Year $8,079,276 ($14,077,848)($11,732,126)
284
Staff Recommendation
Approve the budget change.
285
Questions?
286
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 8.2
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Designation of Agency Labor Negotiators, Unrepresented Employee: City
Manager
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider the appointment of two Councilmembers as representatives for the
City Manager’s annual review and performance evaluation, including discussion of compensation
matters.
STAFF RECOMMENDATION:
Appoint two Councilmembers as representatives for the City Manager’s annual review and
performance evaluation, including discussion of compensation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Brown Act allows the City Council to meet in closed session to discuss the performance of
employees that report to the City Council. Additionally, it allows the City Council to meet in closed
session with its designated representatives—usually referred to as “labor negotiators”—to discuss
the compensation of such employees. Any final action on the proposed compensation must be
taken in open session.
The City Council will consider and discuss the appointment of two Councilmembers to serve as the
City’s representatives for the City Manager’s annual review and performance evaluation, including
discussion of compensation. It has been the City’s custom for many years to appoint the labor
negotiators prior to reviewing the City Manager’s performance. Doing so allows the negotiators to
have compensation discussions with the City Manager during or after the review process. The
negotiators have also been consulted on scheduling and process for the performance review. At
the end of the process, the representatives will report their recommendation to the City Council in
287
Page 2 of 2
an open session following meetings with the City Manager.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
288
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 8.3
DATE:March 2, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Designation of Agency Labor Negotiators, Unrepresented Employee: City
Attorney
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider the appointment of two Councilmembers as representatives for the
City Attorney’s annual review and performance evaluation, including compensation matters.
STAFF RECOMMENDATION:
Appoint two Councilmembers as representatives for the City Attorney’s annual review and
performance evaluation, including discussion of compensation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Attorney is an employee of Meyers Nave, with which the City contracts for legal services.
The Brown Act allows the City Council to meet in closed session to discuss the performance of
employees that report to the City Council, including independent contractors that serve as city
officials, such as the City Attorney. Additionally, it allows the City Council to meet in closed
session with its designated representatives—usually referred to as “labor negotiators”—to discuss
the compensation of such employees. Any final action on the proposed compensation must be
taken in open session.
This item provides for the designation of two members of the City Council as the City’s
representatives in the performance evaluation process and in labor negotiations with the City
Attorney. It has been the City’s custom for many years to appoint the labor negotiators prior to
reviewing the City Attorney’s performance. Doing so allows the negotiators to have compensation
discussions with the City Attorney during or after the review process. The negotiators have also
been consulted on scheduling and process for the performance review. At the end of the process,
289
Page 2 of 2
the representatives will report their recommendation to the City Council in an open session
following meetings with the City Attorney.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
290