Agenda Item 4.13
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 Cases
Prepared by: John Bakker, City Attorney
EXECUTIVE SUMMARY:
From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October, the City returned to in-person meetings and at the same time state law changed to require certain findings to be made for an agency to meet remotely. Under the new law, AB 361, the City can conduct virtual meetings where the Governor has proclaimed a State of Emergency and state or local health officials have imposed or recommended social distancing or where the City Council has declared the need to meet remotely due to imminent risks to the health or safety of attendees. On January 11, 2022, the City Council adopted a resolution pursuant to AB 361 authorizing remote teleconferenced meetings for a 30-day period ending February 10, 2022. Due to the current increase in cases resulting from the Omicron variants, it would be prudent for the City Council and City Commissions to have the ability to attend meetings virtually for at least the next 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days.
STAFF RECOMMENDATION:
Adopt the Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361.
FINANCIAL IMPACT:
None.
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DESCRIPTION:
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID-19.
On March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.
On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
At that time and through September 2021, the City’s legislative bodies met by teleconference. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in full compliance with the Brown Act.
The City of Dublin began meeting in person beginning in October 2021.
Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County.
Additionally, since then, the Omicron variants have emerged and been designed as a variant of concern by the United States, and the number of cases in the City have increased over the last month.
On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.
AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20. Under AB 361, the City and its legislative bodies may meet remotely when:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing;
· Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.
On January 11, 2022, the City Council adopted a resolution authorizing remote teleconferenced meetings for a period of 30 days pursuant to AB 361. That resolution expired on February 10, 2022.
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At its April 19, 2022 meeting, the City Council directed Staff to bring a resolution to the May 3, 2022 meeting to allow the City Council and the City’s legislative bodies to meet virtually, including hybrid meetings, pursuant to AB 361. At its May 3, 2022 and May 17, 2022 meetings, the City Council adopted Resolution Nos. 39-22 and 48-22, that included the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for 30 days.
The City meets the requirements to hold meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services; · The CDC recommends social distancing of at least six feet due to COVID-19; · There’s been an increase of COVID-19 cases within the state and throughout Alameda County;
· Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.
The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for the next 30 days. The City Council would need to adopt a subsequent resolution declaring the need to continue to meet remotely to allow for such meetings after that 30-day period.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 3 RESOLUTION NO. xx-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY; FINDING THAT MEETING
IN PERSON WOULD PRESENT IMMINENT RISKS TO THE HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY; AND AUTHORIZING REMOTE
TELECONFERENCED MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF DUBLIN PURSUANT TO AB 361
WHEREAS, all meetings of the City of Dublin’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code sections 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of the COVID-19 pandemic, and pursuant to Executive Order N-29-20 and its successors, the City Council met primarily virtually through September 2021; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and
WHEREAS, under AB 361 (2021), an agency meeting virtually requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has 349
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 3 declared a State of Emergency due to COVID-19; and
WHEREAS, since the issuance of Executive Order N-08-21, the highly contagious Delta variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and
WHEREAS, on November 30, 2021, the Omicron variant was designated as a variant of concern by the United States; and
WHEREAS, cases of the highly contagious Omicron variant, including a subvariant called BA.2, have caused surges of COVID-19 and there has been an increase in cases during the last month in Alameda County; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household; and WHEREAS, because of the recent rise in COVID-19 cases due in part to the highly contagious Omicron variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, the City Council finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees exists due in part to the Omicron variants of COVID-19; and
WHEREAS, the City Council finds, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of all legislative bodies created by the City Council pursuant to Government Code section 54952(b), that the presence of COVID-19 and the Delta and Omicron variants would present imminent risks to the health or safety of attendees, staff, and members; and WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants; and
WHEREAS, the City shall ensure that its meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows:
1. The above recitals are true and correct, and incorporated into this Resolution.
2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings:
a) The City Council has considered the circumstances of the state of emergency; and b) The state of emergency, as declared by the Governor and City Council, and as specifically related to the current increase in cases apparently resulting from the 350
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 3 of 3 Omicron variant, directly impacts the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, to meet safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19 and as a result of the presence of COVID-19 and the increase of cases due to the Omicron variant, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.
3. City staff is directed to facilitate any teleconference meetings, including hybrid meetings, of the City Council and City’s legislative bodies in compliance with AB 361, in order to better ensure the health and safety of the public for a period of thirty days following the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED this 7th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
351
STAFF REPORT
CITY COUNCIL
Agenda Item 4.14
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Notice of Review of Conflict of Interest Code
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if the Code needs amending. The City Council is the code reviewing body for City agencies, and the City Council must direct Staff to review the City’s Conflict of Interest Code and make a determination by October 1, 2022, if there is a need to amend the Conflict of Interest Code.
STAFF RECOMMENDATION:
Direct Staff to review the City’s Conflict of Interest Code and take the appropriate action.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if the Code needs amending. The last biennial revision to the City’s Code was approved on October 6, 2020, and an additional revision was approved on May 18, 2021.
The City Council is the code reviewing body for City agencies, and the City Council must notify Staff to review the City’s Conflict of Interest Code (Attachment 2) and make a determination, by October 1, 2022, if there is a need to amend the Code. (See Cal Gov’t Code §§ 82011(c), 87306.5).
Staff has included those sections as Attachment 1.
This Staff Report serves as the City Council’s notice to the City Attorney to consult with Staff and 352
determine, by October 1, 2022, if there is a need to update the City’s Code. If, after consultation with Staff, the City Attorney determines that no changes need to be made, the City shall submit a written statement to that effect to the City Council no later than October 1 of the same year. If a notice is filed by October 1, 2022 indicating an amendment is necessary, the amendment must by heard and approved by the City Council within 90 days. The City’s amended Code will not be effective until it has been approved by the City Council.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) California Government Code Sections 82011 and 87306.5 2) Dublin Municipal Code Chapter 2.24
353
State of California
GOVERNMENT CODE
Section 82011
82011. “Code reviewing body” means all of the following:
(a) The commission, with respect to the conflict of interest code of a state agency other than an agency in the judicial branch of government, or any local government agency with jurisdiction in more than one county.
(b) The board of supervisors, with respect to the conflict of interest code of any county agency other than the board of supervisors, or any agency of the judicial branch of government, and of any local government agency, other than a city agency, with jurisdiction wholly within the county.
(c) The city council, with respect to the conflict of interest code of any city agency other than the city council.
(d) The Attorney General, with respect to the conflict of interest code of the commission.
(e) The Chief Justice of California or the Chief Justice’s designee, with respect to the conflict of interest code of the members of the Judicial Council, Commission on Judicial Performance, and Board of Governors of the State Bar of California. (f) The Board of Governors of the State Bar of California with respect to the conflict of interest code of the State Bar of California.
(g) The Chief Justice of California, the administrative presiding judges of the courts of appeal, and the presiding judges of superior courts, or their designees, with respect to the conflict of interest code of any agency of the judicial branch of government subject to the immediate administrative supervision of that court. (h) The Judicial Council of California, with respect to the conflict of interest code of any state agency within the judicial branch of government not included under subdivisions (e), (f), and (g).
(Amended by Stats. 2021, Ch. 50, Sec. 134. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9. )
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Attachment 1
354
State of California
GOVERNMENT CODE
Section 87306.5
87306.5. (a) No later than July 1 of each even-numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body.
(b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written statement to that effect to the code reviewing body no later than October 1 of the same year.
(Added by Stats. 1990, Ch. 1075, Sec. 5.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
355
Chapter 2.24
CONFLICT OF INTEREST CODE
Sections:
2.24.010 Purpose.
2.24.015 Incorporation of model code.
2.24.020 Designated positions.
2.24.030 Disclosure statements.
2.24.010 Purpose.
Pursuant to the provisions of Government Code Section 87300, et seq., the following provisions constitute the conflict of interest code for the city of Dublin. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et seq.). The provisions of this code are additional to Government Code Section 87100 et seq., and other laws pertaining to conflicts of interest. (Ord. 14-16 § 1 (part))
2.24.015 Incorporation of model code.
The terms and provisions of 2 California Code of Regulations Section 18730 and any amendments to it, duly adopted by the Fair Political Practices Commission, are hereby incorporated herein by reference. (Ord. 14-16 § 1 (part))
2.24.020 Designated positions.
For local officials specified in Government Code Section 87200 (including the Mayor, City Councilmembers, Planning Commissioners, City Manager, and City Attorney), no disclosure is required by this conflict of interest code as full disclosure is required by Government Code Section 87200 et seq.
The positions listed in this section are designated positions, and this section is hereby deemed the Appendix referenced in the provisions incorporated by Section 2.24.015. Officers and employees holding those positions are designated public officials, and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated public official. Each designated public official shall file an annual statement disclosing that public official’s interests as required by the disclosure category applicable to that public official.
Designated Position
Disclosure
Category
Administrative
Services
The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 1 of 5 Attachment 2
356
Director/Director of
Finance 3
Assistant City
Attorney 1
Assistant City
Manager 1
Assistant to the City
Manager 1
Assistant Director of
Administrative
Services/Budget 3
Assistant Director of
Community
Development 1
Assistant Director of
Parks and
Community Services 2, 3
Associate Civil
Engineer 1
Capital Improvement
Program (CIP)
Manager 1
Chief Building
Official 1
Chief Information
Security Officer 1
City Clerk 3
City Clerk/Records
Manager 3
City Engineer 1
Code Enforcement
Officer 1
Communications
Manager 1
The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 2 of 5 357
Manager 1
Community
Development
Director 1
“Consultant”* as
defined in FPPC
Reg. sect. 18700.3 1
Deputy City Clerk 3
Economic
Development
Director 1
Economic
Development
Director/Public
Information Officer 1
Environmental
Coordinator 1
Finance Analyst 1
Heritage and
Cultural Arts
Manager 1
Housing Specialist 1
Human Resources
Director 3
Human Resources
Manager 3
Information Services
Manager 3
Parks and
Community Services
Director 1
Plan Check
Engineer 1
Principal Planner 1
The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 3 of 5 358
Public Works
Director/Assistant
City Engineer 1
Public Works
Manager 1
Public Works
Maintenance
Superintendent 1
Public Works
Transportation and
Operations Manager 1
Recreation Manager 3
Recreation
Supervisor 2, 3
Senior Civil
Engineer 1
Senior Code
Enforcement Officer 1
Senior Planner 1
Special Projects
Manager 1
Senior Public Works
Inspector 1
Designated Boards
and Commissions
Disclosure
Category
Human Services
Commission 1
Heritage and
Cultural Arts
Commission 1
Parks and
Community Services
Commission 1
The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 4 of 5 359
* Consultants/new positions shall be included in the list of designated employees and shall disclose pursuant to the terms of the Disclosure Category 1, subject to the following limitation:
The City Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this chapter. Such a written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Section 81008.)
(Ord. 3-21 § 1; Ord. 16-20 § 1; Ord. 9-18 § 1; Ord. 14-16 § 1 (part))
2.24.030 Disclosure statements.
Designated positions shall be assigned to one (1) or more disclosure categories set forth in this section. The disclosure categories shall be specifically described as set forth in this section. Each employee or officer holding a designated position shall file statements disclosing that employee’s or officer’s interests in investments, real property, income and positions of management designated as reportable under the category to which the employee’s or officer’s position is assigned at the time, place and in the manner as hereinafter provided.
A. Disclosure Category 1. Interests in real property located within the city or within two (2) miles of the boundaries of the city or within two (2) miles of any land owned or used by the city; and investments and business positions in business entities, and income, including loans, gifts, and travel payments.
B. Disclosure Category 2. Interests in real property located within the city or within two (2) miles of the boundaries of the city or within two (2) miles of any land owned or used by the city.
C. Disclosure Category 3. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the city. (Ord. 14-16 § 1 (part)) The Dublin Municipal Code is current through Ordinance 3-22, passed April 5, 2022.
Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 5 of 5 360
STAFF REPORT
CITY COUNCIL
Agenda Item 4.15
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with ECS Imaging, Inc. for Imaging and Scanning Services Related to City Records
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider an agreement with ECS Imaging, Inc. for imaging and scanning services related to City records.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Agreement with ECS Imaging, Inc. for Scanning and Imaging Services Related to City Records.
FINANCIAL IMPACT:
Sufficient funds to cover these services have been budgeted for Fiscal Year 2022-23.
DESCRIPTION:
The City Manager approved an agreement with ECS Imaging, Inc. for imaging and scanning services related to City records for Fiscal Year 2021-22 in the amount of $44,000. That agreement expires June 30, 2022.
ECS Imaging, Inc. provides scanning and imaging services that are compatible with the City’s records management system, Laserfiche. Staff has been working with ECS Imaging to generate images of City records that meet the standards required to consider an electronic record the City’s official record; accordingly, ECS Imaging knows and is familiar with the City’s records and indexing system. In addition to scanning services, ECS Imaging provides professional services to update the City’s metadata templates under a separate agreement. It is advantageous to the City to have the same vendor provide both services.
361
The proposed agreement provides for a not-to-exceed amount of $70,000 for Fiscal Year 2022-23 to incorporate an increase in the scanning of Public Works and Planning documents. The agreement will have a term ending on June 30, 2023.
STRATEGIC PLAN INITIATIVE:
Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business Engagement Objective A: Reduce/eliminate the need for paper transactions where feasible NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Agreement with ECS Imaging, Inc. for Scanning and Imaging Services Related to City Records
2) Exhibit A to the Resolution – Agreement with ECS Imaging, Inc. 362
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH ECS IMAGING, INC. FOR SCANNING AND IMAGING
SERVICES RELATED TO CITY RECORDS
WHEREAS, the City has a Laserfiche electronic document management system for centralized electronic record storage; and
WHEREAS, ECS Imaging, Inc. is the City’s authorized Laserfiche reseller and support firm, and is solely authorized to implement solutions that integrate with the City’s Laserfiche system; and
WHEREAS, the City has worked with ECS Imaging, Inc. to scan and index the City’s records since 2017, while also providing professional services under a separate agreement to clean up the Laserfiche templates and metadata fields; and WHEREAS, the City Manager approved an agreement for scanning services in Fiscal Year 2021-22 in the amount of $44,000; and
WHEREAS, the City is in the midst of a scanning project and anticipates an increase in scanning and imaging services for Fiscal Year 2022-23.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the agreement with ECS Imaging, Inc. for scanning and imaging services in an amount not to exceed $70,000, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to extend 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 7th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
363
Services Agreement between July 1, 2022
City of Dublin and ECS Imaging, Inc. Page 1 of 15
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
ECS IMAGING, INC.
THIS AGREEMENT for imaging and scanning services related to City records is made by and between the City of Dublin (“City”) and ECS Imaging, Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2022 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, and Contractor 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 Contractor 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 Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor 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. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
1.5 [Intentionally Deleted].
1.6 [Intentionally Deleted].
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $70,000, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this DocuSign Envelope ID: BEE72333-B7B9-4844-9D46-C0B2E352DF41 Attachment 2 Exhibit A to the Resolution
364
Services Agreement between July 1, 2022
City of Dublin and ECS Imaging, Inc. Page 2 of 15
Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services 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:
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;
Number of pages scanned, by size and color, prep charge per hour; indexing fee per hour, quality check fee per hour, and any other costs associated with scanning, indexing, and prepping.
Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor 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 Contractor 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 Contractor.
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.
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2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.
2.6 [Intentionally Deleted].
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10 [Intentionally Deleted].
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including by not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the DocuSign Envelope ID: BEE72333-B7B9-4844-9D46-C0B2E352DF41 366
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jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.
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Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, 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 Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence 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. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor 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 City for all work performed by the Contractor, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Workers’ Compensation 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. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 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 Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’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, DocuSign Envelope ID: BEE72333-B7B9-4844-9D46-C0B2E352DF41 369
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or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor 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 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor 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 Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor 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 Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.3.4 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).
4.3.5 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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4.3.6 Subcontractors. Contractor 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.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, 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 Contractor’s performance of the Services 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.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor 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 Contractor 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 Contractor accepts or rejects the tender of defense, whichever occurs first.
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 Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions DocuSign Envelope ID: BEE72333-B7B9-4844-9D46-C0B2E352DF41 371
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for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor 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, Contractor 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 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its DocuSign Envelope ID: BEE72333-B7B9-4844-9D46-C0B2E352DF41 372
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employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, 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 Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
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8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’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 Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor 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 Contractor 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 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents DocuSign Envelope ID: BEE72333-B7B9-4844-9D46-C0B2E352DF41 374
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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 Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor 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.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
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Contractor 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 Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 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.
10.9 Notices. Any written notice to Contractor shall be sent to:
ECS Imaging, Inc.
Att: Pete Herschelman, V.P. Sales
6905 Brockton Avenue, Suite C
Riverside, CA 92506
Any written notice to City shall be sent to:
City of Dublin
Att: Marsha Moore, City Clerk
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services and Compensation
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance DocuSign Envelope ID: BEE72333-B7B9-4844-9D46-C0B2E352DF41 376
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with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.12 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 Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor 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 ECS IMAGING, INC.
Linda Smith, City Manager William Wolfe, President
Attest:
Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
DocuSign Envelope ID: BEE72333-B7B9-4844-9D46-C0B2E352DF41 378
Phone:
951-787-
8768
Fax: 951-
787-
Quote
Scanning
Quotation For Quote Info Q3 2021v2
Name: Date: 4/26/2022
Company: Quote Number: 42622
Phone: Valid Through 6/30/2022
E-mail: Terms: net 15
Account Manager: Pete H
Phone: 925 586 7549
E-mail:
Description of Product and Services
Scanning Services
SKU Unit Price Quantity Line Total
ECSS-REG-B&W $ 0.110
ECSS-REG-COLOR $ 0.140
ECSS-REG-GRAYSCALE $ 0.150
ECSS-ESIZE-B&W $ 1.150
ECSS-ESIZE-COLOR $ 2.000
ECSS-ESIZE-GRAYSCALE $ 2.000
ECSS-16MM-FICHE $ 0.110
ECSS-35MM-FICHE $ 0.450
ECSS-MICROFILM-ROLL $ 65.000
ECSS-HD $ 65.000
ECSS-PREP $ 35.000
ECSS-INDEX $ 35.000
ECSS-PICKUP $ 300.000
ECSShred $ 6.000
Scanning Subtotal $ -
Special Terms
Subtotal $ -
Tax Rate 0.00% Tax $ -
Total $ -
Terms & Conditions:
Box/Doc Type Box Count Image Count Total Images
-
-
-
-
-
Total Image Count -
Total Boxes
ECS Indexing Fee Per Hour
ECS Pick Up Fee
ECS Shredding by box
ECS Conversion Services for 16mm Microfiche images
ECS Conversion Services for 35mm Microfiche images
ECS Conversion Services for Microfilm Roll 16mm/35mm per roll ECS Portable Drive Transfer Fee - Per Volume
ECS Prep Charge Per Hour
ECS Color Document Scanning Services up to legal size
ECS Grayscale Document Scanning Services up to 11" x 17" size ECS Black & White Map Scanning Services up to esize
ECS Color Map Scanning Services up to e-size
ECS Grayscale Map Scanning Services up to e-size
877-790-1600
5905 Brockton Ave. Ste. C
Riverside, CA 92506
www.ECSImaging.com
o Payment Terms: Net 20 after each batch returned.
o Laserfiche Tiffs in portable volumes to be attached to your Laserfiche system o ECS will train customer on how to load data onto LF Server during first delivery, if needed o Consulting of folder template and volume set ups included in project set up fee o Items will be placed back into original carrier (folder, sleeve, etc.) o Items will be delivered free of charge after being scanned o Items are scanned in order received. Any additional requests are subject to a charge o Scanning in Tiff images is 200-300dpi depending on need o Paper/Plans: Indexing included is 2 fields, up to 20 characters and Unique Document Name up to 20 characters each
o Microfiche: Indexing included is the name on the Sleeve o Microfilm: Indexing included is the name on the Cartridge o Images that have been fiched/filmed reverse have additional charge o All prices listed above are for estimating purposes only. Actual prices may vary o Any upload fee is for 5GB per volume maximum
o Pick up / Delivery charges (pricing varies, based on location and quantity o Change orders after files have been returned are subject to restructuring/reindexing fee o OCRing can be done during scan process at no charge. Any verification time is $30.00 Per Hour o DVD Set = 1 Data DVD, 1 Plus Viewer DVD - Plus DVD has retrieval engine on DVD. Regular size documents fit approximately 90,000 images
o CD Set = 1 Data CD, 1 Plus Viewer CD - Plus CD has retrieval engine on CD. Regular size rolls fit approximately 10,000 images
o Boxes may be destroyed at the customer’s request at a cost of $16.00 a box. A Destruction Certificate will be provided
o While documents are at ECS, we can provide an electronic copy for up to 4 per batch at no charge. Additional special handling requests are subject to charge of $30/per hour o IMPORTANT: Once the imaged data has been delivered you will have 90 days to review all images. After 90 days all original documents will be destroyed or a storage box fee will apply o ECS may choose to utilize a scanning partner to perform these services as quoted and ECS would remain the billing agent.
o Standard processing fee added to credit card payments Software Only (Download Only)
ECS Imaging, Inc.
5905 Brockton Ave, Suite C
Riverside CA, 92506
Description
Scanning Services as needed, Prices are per page & per hour as required by City & project specifications. ECS will perform "page by page" quality control services at a rate of $35/hr.
Marsha Moore
City of Dublin
ECS Black & White Document Scanning Services up to legal size DocuSign Envelope ID: BEE72333-B7B9-4844-9D46-C0B2E352DF41 379
STAFF REPORT
CITY COUNCIL
Agenda Item 4.16
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with All City Management Services, Inc. for Crossing Guard Services
Prepared by: Matt Farruggia, Lieutenant Dublin Police Services EXECUTIVE SUMMARY:
The City Council will consider an agreement with All City Management Services, Inc. for crossing guard services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Agreement with All City Management Services, Inc. for the Provision of Crossing Guard Services for Fiscal Year 2022-23.
FINANCIAL IMPACT:
The cost to fund crossing guard services in Fiscal Year 2022-23 is $307,732.48, an increase of $32,489.84 over Fiscal Year 2021-22. This allows for up to 15 crossing guard locations, as well as summer school coverage at one school site. Sufficient funding for these services is included in the Fiscal Year 2022-23 Budget. The City will be reimbursed by the Dublin Unified School District for two of these crossing guards estimated at $49,000.
DESCRIPTION:
All City Management Services, Inc. (ACMS) provides a variety of traffic and safety related services including crossing guards, parking enforcement, and traffic control to public agencies. The City of Dublin has contracted with ACMS since July 1, 1995. ACMS is headquartered in Los Angeles and serves numerous cities in northern and southern California. In response to the increased demand for crossing guard services in northern California, ACMS has assigned additional personnel to the area. The City of Dublin is currently assigned one Area Supervisor and one Field Supervisor who monitor the activities of crossing guards.
ACMS has submitted a proposal to continue to provide crossing guard services to Dublin in Fiscal Year 2022-23 (Attachment 2). The proposal includes the direct provision of crossing 380
guards along with administrative support for the program including personnel recruitment, training, supervision, and payroll functions. Included in Exhibit B of Attachment 2 are the calculations of ACMS’s new hourly rate and proposed service hours for Fiscal Year 2022-23. The increase in hours is due to Fallon Elementary School and John Green Elementary School having staggered dismissal times two days a week requiring an extra hour of coverage. The following table summarizes the changes as compared to the prior year:
FY 2021-22 FY 2022-23 Change
Service Hours 11,008 11,264 256
Hourly Rate $25.26 $27.32 $2.06
Total $278,062.08 $307,732.48 $29,670.40
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Agreement with All City Management Services Inc. for the Provision of Crossing Guard Services for Fiscal Year 2022-23 2) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and All City Management Services, Inc.
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Attachment 1
RESOLUTION NO. XX - 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR
THE PROVISION OF CROSSING GUARD SERVICES
FOR FISCAL YEAR 2022-23
WHEREAS, the City of Dublin uses adult crossing guards though the firm All City Management Services, Inc. to ensure the safety of schoolchildren crossing streets; and WHEREAS, the City of Dublin wishes to continue to contract with All City Management Services, Inc. to provide crossing guard services for Fiscal Year 2022-23.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement, attached hereto as Exhibit A, with All City Management Services, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any minor adjustments necessary to reflect the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
ALL CITY MANAGEMENT SERVICES INC.
THIS AGREEMENT for cross guard services is made by and between the City of Dublin (“City”) and All City Management (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2022 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, and Contractor 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 Contractor 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 Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor 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. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
1.5 [Intentionally deleted].
1.6 [Intentionally deleted].
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $307,732.48, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for Attachment 2
Exhibit A to the Resolution
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Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services 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:
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 Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
;
Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this 384
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2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.
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 Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 [Intentionally deleted].
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10 [Intentionally Deleted].
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services 385
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3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
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Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, 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 Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence 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. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a selfinsurance 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 City for all work performed by the Contractor, its employees, agents, and subcontractors.
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4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Workers’ Compensation 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. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 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 without limitation, blanket contractual liability and 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 Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. 388
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d. For any claims related to this Agreement or the work hereunder, the Contractor’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 Contractor’s insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor 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 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor 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 Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor 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 Contractor 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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4.3.4 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).
4.3.5 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.
4.3.6 Subcontractors. Contractor 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.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, 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 Contractor’s performance of the Services 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.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor 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 Contractor 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 Contractor accepts or rejects the tender of defense, whichever occurs first.
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In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor 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, Contractor 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 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 391
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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, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, 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 Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide 392
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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 Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’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 Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor 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 393
Services Agreement between July 1, 2022
City of Dublin and All City Management Services Page 12 of 15 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 Contractor 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 Contractor’s Books and Records. Contractor 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 Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor 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. 394
Services Agreement between July 1, 2022
City of Dublin and All City Management Services Page 13 of 15
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Contractor 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 Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 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.
10.9 Notices. Any written notice to Contractor shall be sent to:
Any written notice to City shall be sent to:
All City Management Services Inc.
Att; Demetra Farwell, Corporate Security
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA, 90670
City of Dublin
Att: Lieutenant Matthew Farruggia
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
395
Services Agreement between July 1, 2022
City of Dublin and All City Management Services Page 14 of 15 Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.12 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 Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor 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
396
Services Agreement between July 1, 2022
City of Dublin and All City Management Services Page 15 of 15 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 All City Management Inc.
Linda Smith, City Manager Demetra Farwell, Corporate Security Attest:
Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
397
Services Agreement between July 1, 2022
City of Dublin and All City Management ServicesExhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
1. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. The Contractor is an independent Contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City.
2. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor.
The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this agreement.
3. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.
4. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this agreement and all applicable laws of the state in which services are to be performed.
5. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which services are to be performed pertaining to general pedestrian safety in school crossing areas.
6. Crossing Guard Services shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under the City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling
7. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary. 398
Services Agreement between July 1, 2022
City of Dublin and All City Management ServicesExhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Billing Rate for 2022/2023: $27.32
KEY:
40 180 7200 $27.32 = $196,704.00
10 days/yr X Hourly Billing Rate
20 108 2160 $27.32 = $59,011.20
5 days/yr X Hourly Billing Rate
25 72 1800 $27.32 = $49,176.00
5 days/yr X Hourly Billing Rate
Estimate based on Summer School June 14, 2021 - July 21, 2021 4 26 104 $27.32 = $2,841.28
1 days/yr X Hourly Billing Rate
11264 $307,732.48
Sites: #7 - #11 Fallon ES/MS and Green ES
Sites at 4.0 hrs per day
Traditional Calendar:
Sites with traditional calendar:
For sites with no regularly scheduled early release days, use 180 regular days Summer School
For schools with Summer School sessions use 19 days
Site at 4.0 hrs per day Total Hrs/day X
Sites at 4.0 hrs per day
Sites at 5.0 hrs per day Total Hrs/day X
Sites: #7 - #11 Fallon ES/MS and Green ES
Client Worksheet 2022-2023
Department: 3701
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Total Hrs/day X
TOTAL PROJECTED HOURS
Summer School Sites:
Total Hrs/day X
TOTAL ANNUAL PROJECTED COST
399
STAFF REPORT
CITY COUNCIL
Agenda Item 4.17
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with Brightly Software, Inc. for Asset Management Software Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Brightly Software, Inc. (formerly DSI) for continued use of asset management and maintenance management software.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Software User Agreement with Brightly Software, Inc.
FINANCIAL IMPACT:
The agreement is for an annual not-to-exceed amount of $47,628. There are sufficient funds in the Fiscal Year 2022-23 Operating budget for this agreement. Future year annual costs will be incorporated in each respective fiscal year budget request.
DESCRIPTION:
On June 18, 2019, the City Council approved Resolution 57-19, authorizing the City Manager to enter into a three-year agreement with Dude Solutions Incorporated (DSI) to complete a condition assessment of City assets, create a preventative maintenance program, and implement a cloudbased computerized maintenance management system (CMMS). Recently DSI rebranded to Brightly Software, Inc. (Brightly). The Public Works Department has been utilizing the Brightly CMMS to track workorders, preventative maintenance, and existing and new facility assets.
Continued use of Brightly’s cloud-based CMMS software requires an annual software user agreement and associated fee. The annual fee for Fiscal Year 2022-23 is $47,628.
Staff is satisfied with Brightly’s services and recommends entering into an annual Software User Agreement for continued use of the CMMS software. Staff also recommends that City Council authorize the City Manager to amend the agreement to increase the not-to-exceed amount by up to $10,000 for contingency services and staff trainings during Fiscal Year 2022-23 and that the 400
City Manager be authorized to execute future agreement renewals as long as the City continues utilizing the software and adequate budget is incorporated in respective fiscal year budget requests.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving a Software User Agreement with Brightly Software, Inc. 2) Exhibit A to the Resolution – Software User Agreement with Brightly Software, Inc. 401
Attachment I
Reso. No. XX-22, Item X.X, Adopted 06/07/2022 Page 1 of 1 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A SOFTWARE USER AGREEMENT WITH BRIGHTLY SOFTWARE, INC.
WHEREAS, Staff researched available options to establish a True Cost of Ownership (TCO) program; and
WHEREAS, the City Council approved Resolution 57-19 authorizing the City Manager to execute an agreement with Dude Solutions Incorporated (DSI) for a three-year term to complete the TCO program; and
WHEREAS, DSI has rebranded to Brightly Software, Inc. and services will remain intact; and
WHEREAS, Staff recommends that the City enter into a Software User Agreement with Brightly Software, Inc. for a one-year term, for a not-to-exceed amount of $47,628.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to execute a Software User Agreement with Brightly Software, Inc., attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to amend the agreement for an additional $10,000 in the event additional services or staff training are necessary.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute future Software User Agreement renewals as long as the City continues utilizing the software and adequate budget is incorporated in respective fiscal year budget requests.
PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
402
PREPARED FOR
City Of Dublin ("Subscriber")
PREPARED BY
Brightly Software Inc ("Company")
11000 Regency Parkway, Suite 400
Cary, NC 27518
Dude Solutions is now Brightly. Same world-class software, new look and feel.
Meet Brightly at brightlysoftware.com
PUBLISHED ON
May 26, 2022
1 Attachment 2
403
May 26, 2022
City Of Dublin
Thank you for your continued support of our market leading solutions for improving efficiency in operations.
We are excited about providing you with online tools that will help you save money, increase efficiency and improve services. Dude Solutions, Inc. is dedicated to providing best in class solutions, including the following for City Of Dublin.
Service Term: 12 months (07/01/2022 - 06/30/2023)
Item Investment
Asset Essentials $9,565.50
Facilities/Physical Plant Module $4,252.50
Streets/Signs/Sidewalks Module $4,252.50
Parks, Recreation and Forestry Module $4,252.50
Asset Essentials Inventory $3,192.00
Asset Essentials Capital Forecast $8,505.00
Asset Essentials Connector Toolkit $5,103.00
TechnologyEssentials Help Desk $4,357.50
TechnologyEssentials - Insight $4,147.50
ConnectAuthenticate $0.00
Annual Renewal: $47,628.00 USD
2 404
Order Form terms
• By accepting this Order Form, and notwithstanding anything to the contrary in any other purchasing agreement, Subscriber agrees to pay all relevant Fees for the full Services Term defined above. • The "Effective Date" of the Agreement between Subscriber and Company is the date Subscriber accepts this Order Form.
• This Order Form and its Services are governed by the terms of the Brightly Software, Inc. Master Subscription Agreement found at http://brightlysoftware.com/terms (http://brightlysoftware.com/ terms) ("Terms"), unless Subscriber has a separate written agreement executed by Brightly Software, Inc. ("Company") for the Services, in which case the separate written agreement will govern. Acceptance is expressly limited to these Terms. Any additional or different terms proposed by Subscriber (including, without limitation, any terms contained in any Subscriber purchase order) are objected to and rejected and will be deemed a material alteration hereof.
• To the extent professional services are included in the Professional Services section of this Order Form, the Professional Services Addendum found at http://brightlysoftware.com/terms (http://brightlysoftware.com/terms) is expressly incorporated into the Terms by reference. • During the Term, Company shall, as part of Subscriber's Subscription Fees, provide telephone and email support ("Support Services") during the hours of 8:00 AM and 6:00 PM EST, (8:00 am – 8:00 pm EST for Community Development Services) Monday through Friday ("Business Hours"), excluding Company Holidays.
• Unless otherwise specified on this Order Form, Company maintains the right to increase Subscription Fees within the Services Term by an amount not to exceed the greater of 6% or the applicable CPI and other applicable fees and charges every 12 months. Any additional or renewal Service Terms will be charged at the then-current rate.
• Acceptance of this Order Form on behalf of a company or legal entity represents that you have authority to bind such entity and its affiliates to the order, terms and conditions herein. If you do not have such authority, or you do not agree with the Terms set forth herein, you must not accept this Order Form and may not use the Service.
• Proposal expires in sixty (60) days.
• Subscriber shall use reasonable efforts to obtain appropriation in the full amount required under this Order Form annually. If the Subscriber fails to appropriate funds sufficient to maintain the Service(s) described in this Order Form, then the Subscriber may terminate the Service(s) at no additional cost or penalty by giving prior written notice documenting such non-appropriation. Subscriber shall use reasonable efforts to provide at least thirty (30) days prior written notice of nonappropriation. Subscriber agrees non-appropriation is not a substitute for termination for convenience, and further agrees Service(s) terminated for non-appropriation may not be replaced with functionally similar products or services prior to the expiration of the Services Term set forth in this Order Form.
Subscriber will not be entitled to a refund or offset of previously paid, but unused Fees.
Additional information
• Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Subscriber. This is not an invoice. For customers based in the United States, any applicable taxes will be 3 405
determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Subscriber. Tax exemption certifications can be sent to [email protected] (mailto:[email protected]). • Billing frequency other than annual is subject to additional processing fees. • Please reference Q-271834 on any applicable purchase order and email to [email protected] (mailto:[email protected]) • Brightly Software, Inc. maintains the necessary liability coverage for its products and professional services. Proof of insurance can be provided upon request. 4 406
Signature
Presented to:
Q-271834
May 26, 2022, 5:29:17 PM
Accepted by:
Printed Name
Signed Name
Title
Date
5 407
STAFF REPORT
CITY COUNCIL
Agenda Item 4.18
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreements for On-Call Audio Visual Technology Engineering and Design Services
Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving agreements for on-call audio visual technology engineering and design consultants for the Public Works Department.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Agreements for On-Call Audio Visual Technology Engineering and Design Services.
FINANCIAL IMPACT:
The cost for these on-call services will be charged to the Public Works Department in accordance with the adopted annual budget and/or associated capital improvement project budgets.
DESCRIPTION:
The Public Works Department utilizes consultants on Capital Improvement Program (CIP) projects and private development projects, and for on-call, as needed services. Services provided assist Staff in specific areas of technical and professional expertise. Consultants are solicited through an open and competitive request for qualifications (RFQ) process to identify consulting firms with the necessary background and experience and to ensure that the cost for services is competitive.
Staff recently issued an RFQ for Audio Visual (AV) Technology Engineering and Design Services related to several projects being planned, including the AV modernization of Ambrose Hall at the Shannon Community Center, the Shannon Center conference room, and the Library Program Room. The RFQ was sent to firms that had expressed interest in receiving RFQs and was posted on 408
the City's website.
Four submissions were received in response to the RFQ and, after reviewing all qualifications, Staff recommends two firms to provide on-call services for a three-year term, as shown in the table below. Each of the two firms have provided similar services to various municipalities around the Bay Area.
On-Call Services
Consultant Proposed Compensation Limit
Guidepost Solutions, LLC $350,000
The Shalleck Collaborative, Inc. $350,000
The two other responsive firms, EIDIM AV Technology and IMEG Corporation, were determined to be qualified and will be placed on the City’s Managed Qualified Bid List. Staff recommends that the City Council authorize the City Manager to enter into agreements with these two vendors at a later date, with terms equal to the agreements with Guidepost Solutions, LLC, and The Shalleck Collaborative, Inc., should the need arise for their services. The use of all four consultants would be subject to available budget in the General Fund and/or capital improvement project funds.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Agreements for On-call Audio Visual Technology Engineering and Design Services
2) Exhibit A to the Resolution – Consulting Services Agreements with Guidepost Solutions, LLC and The Shalleck Collaborative Inc. for On-call Audio Visual Technology Engineering and Design Services
3) Requests for Qualifications for Audio Visual Technology Engineering and Design Services 4) Statements of Qualifications for Audio Visual Technology Engineering and Design Services 409
Attachment 1
Reso. No. XX-22, Item X.X, Adopted 06/07/22 Page 1 of 2 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENTS FOR ON-CALL AUDIO VISUAL TECHNOLOGY ENGINEERING
AND DESIGN SERVICES
WHEREAS, on January 26, 2022, Staff issued a Request for Qualifications (RFQ) for on-call audio visual technology engineering and design services; and WHEREAS, the City received four responses to the RFQ; and WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance with the RFQ rating criteria; and
WHEREAS, the City desires to enter into agreements with Guidepost Solutions, LLC and The Shalleck Collaborative, Inc. each for a not-to-exceed amount of $350,000 over a three year term beginning June 7, 2022 and ending June 30, 2025; and
WHEREAS, the City also wishes to enter into agreements at a later date, with the same terms and compensation as the Guidepost Solutions, LLC and The Shalleck Collaborative, Inc. agreements, for any of the following firms which were reviewed and deemed qualified as part of the RFQ solicitation process: EIDIM AV Technology and IMEG Corporation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve agreements with Guidepost Solutions, LLC and The Shalleck Collaborative, Inc., attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements, and make any necessary, non-substantive changes to carry out the intention of this Resolution.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the agreements, to extend the terms for a maximum of two years beyond the initial three-year term.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby deem qualified EIDIM AV Technology and IMEG Corporation and authorizes the City Manager to execute agreements at a later date, with EIDIM AV Technology and IMEG Corporation, for a total not-to-exceed amount of $350,000 and an agreement term of up to five years. {Signatures on the following page}
410
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
411
Consulting Services Agreement between City of Dublin and 06/07/2022 Guidepost Solutions, LLC for On-Call AV Technology Engineering/Design Svcs Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GUIDEPOST SOLUTIONS, LLC
FOR
ON-CALL AUDIO VISUAL (AV) TECHNOLOGY ENGINEERING DESIGN SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Guidepost Solutions, LLC (“Consultant”) (together sometimes referred to as the “Parties”) as of June 7, 2022 (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 1.2
1.3 1.4
1.5 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, 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.
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.
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.
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.
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
Exhibit A to the Resolution
412
Consulting Services Agreement between City of Dublin and 06/07/2022 Guidepost Solutions, LLC for On-Call AV Technology Engineering/Design Svcs 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 $350,000.00, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, 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; 413
Consulting Services Agreement between City of Dublin and 06/07/2022 Guidepost Solutions, LLC for On-Call AV Technology Engineering/Design Svcs Page 3 of 15 ▪ 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. 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 415
Consulting Services Agreement between City of Dublin and 06/07/2022 Guidepost Solutions, LLC for On-Call AV Technology Engineering/Design Svcs Page 5 of 15 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 without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
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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 417
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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 3 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 3 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 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 418
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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. Consultant further acknowledges that Consultant 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 Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, 419
Consulting Services Agreement between City of Dublin and 06/07/2022 Guidepost Solutions, LLC for On-Call AV Technology Engineering/Design Svcs Page 9 of 15 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.
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 420
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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.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall 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 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.
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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 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 423
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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:
Guidepost Solutions, LLC
Nick Heywood, PMP, Associate Vice President
2121 N. California Blvd., Suite 800
Walnut Creek, CA 94596
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
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, 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 and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance 424
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with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
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 GUIDEPOST SOLUTIONS, LLC
Linda Smith, City Manager Nick Heywood, PMP, Associate Vice President Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
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Exhibit A – Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
Audio Visual (AV) Technology Engineering and Design Services Provide audio visual (AV) technology engineering and design services for a variety of CIP projects, ranging from large facilities to tenant improvements. These services could range from technical assistance to full design development of PS&E packages with design support services for CIP projects. • Communication: Consultant will need to be available to meet in person at the begin of each project.
Additionally, Consultant will need to provide status updates at the frequency and in the format agreed to at each project’s kickoff meeting. Each project will be approved by Task Order, and will require a Scope of Work Letter, including a project budget and be signed by an authorized representative of the selected firm.
• Scheduling of Tasks: Consultant shall meet with Staff in the initial stages of the project to jointly establish preliminary dates for any scheduled public meeting and/or required public hearing.
Consultant and City Staff shall verify that the schedule will meet required steps necessary to complete the process within the timelines required by law. • Attendance at Public Meetings: Consultant shall be prepared to attend any requested City Council or Planning Commission meetings to answer questions related to assigned projects. (OPTIONAL TASK – at City discretion)
• Field Investigations: Consultant maybe asked to evaluate existing facilities or spaces to determine feasibility and functionality of how technology can be incorporated into the space. • Cost Estimating: Consultant shall be able to provide detailed cost estimating at various levels of design documentation in the CSI format for public contracts code compliant projects. • Standards: Consultant maybe asked to assist the City in developing standards or guidelines for technology to be incorporated into various spaces for example: conference rooms, meeting rooms, outdoor event gathering spaces, instruction/multi use spaces, digital signage, marque signage, specialty spaces/EOC, and portable systems.
• Design Development: Consultant shall be able to prepare design documents (Plans, Specifications) and incorporating the City’s frontend document suitable for the construction of public improvements compliant with public contracts code. The design development may include providing review packages of the following:
• Conceptual Design
• Preliminary Design
• Integration Drawings (One-lines) illustrating: Devices, Device Connections, Cable Types • 35%, 60%, 95%, 100%
• Building Department Review
• Operations and Maintenance (O&M) narratives
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Exhibit A – Page 2 of 2
• Bill of Materials
• Design Support Service During Bidding & Construction: Consultant shall be able to assist the City during the construction phase of the project these services could include but are not limited to:
• Issue addendum(s)
• Respond to bidder inquiries
• Responding to RFIs
• Submittal review
• Field observation
• Attending meeting and generating minutes
• Drafting field directives
• Issuing ASI’s
• Closeout documentation
• As-builts
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Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Position Title Rate for Year One*
Principal-in-Charge $250.00
Senior Project Manager $225.00
Subject Matter Expert $225.00
Technology Designer $185.00
Engineer $185.00
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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. 430
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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 431
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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.
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 432
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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
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Consulting Services Agreement between City of Dublin and 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
THE SHALLECK COLLABORATIVE, INC.
FOR
ON-CALL AUDIO VISUAL (AV) TECHNOLOGY ENGINEERING DESIGN SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and The Shalleck Collaborative, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of June 7, 2022 (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 1.2
1.3 1.4
1.5 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, 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.
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.
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.
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.
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, 434
Consulting Services Agreement between City of Dublin and 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs 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 $350,000.00, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, 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; 435
Consulting Services Agreement between City of Dublin and 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs Page 3 of 15 ▪ 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. 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 437
Consulting Services Agreement between City of Dublin and 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs Page 5 of 15 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 without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
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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 439
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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 3 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 3 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 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 440
Consulting Services Agreement between City of Dublin and 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs Page 8 of 15 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, except for professional liability, 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 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. Consultant further acknowledges that Consultant 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 Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, 441
Consulting Services Agreement between City of Dublin and 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs Page 9 of 15 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.
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 442
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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.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall 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. If another consultant is retained to complete the work, The Shalleck Collaborative would be released from liability for changes made to their completed work by the different consultant, but would still be liable for any unchanged completed work; 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 the agreed upon Task Order 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 444
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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 445
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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:
The Shalleck Collaborative, Inc.
Ian Hunter, CTS-D, Principal
1553 Martin Luther King Jr. Way
Berkeley, CA 94709
Any written notice to City shall be sent to:
City of Dublin
Att:City Engineer
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, 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 446
Consulting Services Agreement between City of Dublin and The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs 06/07/2022
10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
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 THE SHALLECK COLLABORATIVE, INC.
Linda Smith, City Manager Adam Shalleck, President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
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EXHIBIT A
SCOPE OF SERVICES
Audio Visual (AV) Technology Engineering and Design Services Provide audio visual (AV) technology engineering and design services for a variety of CIP projects, ranging from large facilities to tenant improvements. These services could range from technical assistance to full design development of PS&E packages with design support services for CIP projects. • Communication: Consultant will need to be available to meet in person at the begin of each project.
Additionally, Consultant will need to provide status updates at the frequency and in the format agreed to at each project’s kickoff meeting. Each project will be approved by Task Order, and will require a Scope of Work Letter, including a project budget and be signed by an authorized representative of the selected firm.
• Scheduling of Tasks: Consultant shall meet with Staff in the initial stages of the project to jointly establish preliminary dates for any scheduled public meeting and/or required public hearing.
Consultant and City Staff shall verify that the schedule will meet required steps necessary to complete the process within the timelines required by law. • Attendance at Public Meetings: Consultant shall be prepared to attend any requested City Council or Planning Commission meetings to answer questions related to assigned projects. (OPTIONAL TASK – at City discretion)
• Field Investigations: Consultant maybe asked to evaluate existing facilities or spaces to determine feasibility and functionality of how technology can be incorporated into the space. • Cost Estimating: Consultant shall be able to provide detailed cost estimating at various levels of design documentation in the CSI format for public contracts code compliant projects. • Standards: Consultant maybe asked to assist the City in developing standards or guidelines for technology to be incorporated into various spaces for example: conference rooms, meeting rooms, outdoor event gathering spaces, instruction/multi use spaces, digital signage, marque signage, specialty spaces/EOC, and portable systems.
• Design Development: Consultant shall be able to prepare design documents (Plans, Specifications) and incorporating the City’s frontend document suitable for the construction of public improvements compliant with public contracts code. The design development may include providing review packages of the following:
• Conceptual Design
• Preliminary Design
• Integration Drawings (One-lines) illustrating: Devices, Device Connections, Cable Types • 35%, 60%, 95%, 100%
• Building Department Review
• Operations and Maintenance (O&M) narratives
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Consulting Services Agreement between City of Dublin and Last revised 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs Exhibit A – Page 2 of 2 • Bill of Materials
• Design Support Service During Bidding & Construction: Consultant shall be able to assist the City during the construction phase of the project these services could include but are not limited to:
• Issue addendum(s)
• Respond to bidder inquiries
• Responding to RFIs
• Submittal review
• Field observation
• Attending meeting and generating minutes
• Drafting field directives
• Issuing ASI’s
• Closeout documentation
• As-builts
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
The Shalleck Collaborative
Position Title Rate for Year One
Founding Principal $275
Principal $195
Project Manager $170
Draftsperson $150
co+ed Architecture
Position Title Rate for Year One
Principal $175
Senior Project Manager $140
Project Manager $125
Drafter $95
Administrative $70
O’Mahony & Myer Engineering
Position Title Rate for Year One
Founding Principal $250
Principal $225
Project Electrical Engineer $155
Project Lighting Designer $155
Electrical/Lighting Designer $135
CAD Supervisor $115
CAD Technician $105
Administrative $100
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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. 452
Consulting Services Agreement between City of Dublin and Last revised 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs 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 453
Consulting Services Agreement between City of Dublin and Last revised 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs 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 454
Consulting Services Agreement between City of Dublin and Last revised 06/07/2022 The Shalleck Collaborative for On-Call AV Technology Engineering/Design Svcs 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
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REQUEST FOR QUALIFICATIONS
Audio Visual (AV) Technology Engineering and Design Services City of Dublin
Jordan Foss, Management Analyst II
(925) 833-6630
See Notice of RFQ/RFP Opportunities for FY 2021-2022, posted to City of Dublin’s Bid Postings webpage
Attachment 3
456
Request for Qualifications
For
On-Call Audio Visual (AV) Technology Engineering and Design Services Introduction
The City of Dublin was incorporated in 1982 and is approximately 14.59 square miles in area. In 2011, Dublin was named an “All-American City” by the National Civic League, one of the nation’s oldest and most prestigious civic organizations. In 2018, Dublin was ranked No. 7 on the list of Best Places to Live in America, and No. 1 in California, by Money Magazine. The current population of the City is approximately 63,000.
Purpose
The City of Dublin (City) is seeking qualified firms to provide Audio Visual (AV) technology on-call professional services. The City is a contract city, utilizing numerous consultants to conduct engineering and design work in support of various CIP projects, as well as support of Information Services and Public Works Divisions.
The Public Works Department enters into on-call agreements for multiple categories of service types and may issue multiple agreements. Note firms and sub-consultants need to be able to provide the services requested in all the categories listed below.
The City desires to refurbish and modernize multiple spaces within their facilities with Audio Visual (AV) technology that best supports the current use cases. The City is looking for a design professional to provide professional services for this effort by designing these AV systems. Further, the City is seeking to develop conference room standards as well as develop designs for various specialty spaces. The chosen design professional firm will provide complete design documents that can be used to generate an integration RFP/Bid documents suitable for public contracts code procurement.
Project Description:
The City is undertaking a capital improvement project centered around three existing facilities:
• Shannon Center Ambrose Hall
• Shannon Center Conference Room
• Library Program Room
The chosen design professional will work closely with the Information Services and Public Works Departments to establish technology requirements for each room. All three facilities are currently configured with AV technology. The City wishes to reuse what technology can be reused. New equipment should be 457
recommended whenever necessary to meet the use requirements that are approved by the Information Services Department.
The City reserves the right to extend contract services in the future to include additional professional services including, but not limited to:
• Emergency Operations Center
• Meeting room standards
• Video Conferencing Suites
• Multi-use facilities
• Recreation facilities
• Portable AV systems for indoor or outdoor use
• Regional Meeting Room
• Marque Signs
• Digital Signage
The chosen design firm will provide the following documents:
• Register of design requirements for each space
• Narrative of design including functionality and user experience • Record Drawings (where needed) highlighting
o Power and data requirements
o Device Layout with dimensions
• Integration Drawings (One-lines) illustrating
o Devices
o Device connections
o Cable types
• Bill of Materials
• Operations and Maintenance narrative and schedule
• Bid package subject to requirements of public contracts code along with licensed stamp, using City standard bid/FRQ document framework.
Assume there are no As-Built drawings of the existing spaces. The City will be holding a pre-proposal site visit for all interested participants. It is encouraged that firms attend the pre-proposal meeting with City Staff on Friday February 4, 2022, to view the two facilities to be upgraded.
Locations and Times:
Shannon Center, 11600 Shannon Ave, Dublin CA 94568 at 10:00AM Dublin Library, 200 Civic Plaza, Dublin CA 94568 at 10:45AM Considerations
The proposers should be design certificated for any equipment proposed in the Bill of Materials. Control and input devices should be either be manufactured by Crestron or Extron.
The proposal team should include a California licensed architect and electrical engineer. 458
The chosen design professional shall provide documentation on the following:
• Minimum of five (5) years designing complex AV systems • Relevant certifications
• Have completed projects similar in size and scope within the last 18 months and provide references on these projects.
• Key employees that will be involved in this project
Schedule for RFP Process
January 26, 2022 RFQs posted on City webpage and emailed to Interested Parties* February 4, 2022 Pre-proposal site visit
• Shannon Center, 11600 Shannon Ave, Dublin CA 94568 at 10:00AM • Dublin Library, 200 Civic Plaza, Dublin CA 94568 at 10:45AM February 8, 2022 Deadline to submit questions to City of Dublin February 11, 2022 Addendum posted, if required
February 18, 2022 Proposals are due no later than 4:00 PM. Late submittals will not be accepted.
February/March of 2022 Interview firms (optional)
(Tentative dates, subject to change)
*Consultants are encouraged to sign up on the City’s website for updates on addendums, notifications, and for all future contracting opportunities: https://www.cityofdublin.gov/bids 459
RFQ Submittal Requirements
Please prepare and organize your Statement of Qualification based on the requirements provided below.
Any other information you would like to include should be placed in a separated section at the back of your Statement of Qualification. Please note however that the RFQ submittal is limited to 15 pages maximum (excluding resumes, project case studies, and a signed conflict of interest statement).
Considerations:
The proposers should be design certificated for any equipment proposed in the Bill of Materials. Control and input devices should be either be manufactured by Crestron or Extron.
The proposal team should include a California licensed architect and electrical engineer.
The chosen design professional shall provide documentation on the following:
• Minimum of five (5) years designing complex AV systems • Relevant certifications
• Have completed projects similar in size and scope within the last 18 months and provide references on these projects.
• Key employees that will be involved in this project
Process and General Conditions:
1. All Interested Parties shall notify [email protected] with a cc: to [email protected] and [email protected] of their interest in submitting a proposal.
2. Proposers shall submit electronic copies by emailed PDF attachment only. Please do not submit via Cloud-based systems or links.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract.
Checklist:
1. Title Page shall include the legal name of the firm, as well as any DBA name; designated project manager; their title, direct phone number, and email address.
2. Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide consulting services. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter.
3. State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of applicable to the scope of work. 460
4. List key staff members, including identification of the Principal-in-Charge and Project Manager/primary point-of-contact. Include each team member’s availability, including all existing committed hours, and the ability of being able to complete the project in time and budget.
5. Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed. References from the City of Dublin staff shall not count as one of the three required references.
6. Provide a rate schedule, completed as seen in Attachment B. Please be prepared to submit this as a separate Word or Excel document if selected for contract.
7. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal.
8. Provide confirmation of your firm’s ability to meet the City’s Conflict of Interest requirements by submitting Attachment C in the appendix of your proposal. Consultant shall provide a list of all clients served in either San Francisco or the East Bay area. This list is subject to Public Records requests.
Submittals should be addressed to the following:
To: [email protected]
Cc: [email protected] [email protected] Any submittal emailed after the stated deadline will not be accepted for consideration. 461
Standard Consulting Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The anticipated term of agreements is set to begin March 15, 2022 but may begin earlier if deemed necessary.
A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A.
If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable.
Consideration for exceptions will not be considered if not included in the submitted proposal.
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 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 sub-consultants shall post in conspicuous places, available to all 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.].
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.
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements:
462
General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Professional Liability Insurance $2,000,000
Workers’ Compensation Insurance $1,000,000 (Statutory)
Rate Sheet:
Travel time, mileage, vehicles, meals, etc. will not be allowed and should be incorporated into your hourly rates provided. Consultant may request hourly rates be updated annually, on the City’s fiscal year calendar.
Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. Please see Attachment B for the required format.
Conflict of Interest
Please include Attachment C, signed by the same person who will be designated as signatory to an agreement. Include this page in the Appendix of your submission as this will be incorporated into agreements for firms selected. The language requires the following:
1) 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: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients.
Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. 2) Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.
Public Projects
Consultants are advised that some projects serviced under an agreement may be considered a “public work” for purposes of the California Labor Code, which requires payment of no less than prevailing wages. This requirement pertains solely to that portion of the scope of services related to the inspection of public projects.
The Consultant with whom an Agreement is entered must pay the prevailing rates, 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 City 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 463
http://www.dir.ca.gov/OPRL/PWD/index.htm and they will be made available to any interested party upon request.
The Consultant shall may be qualified to submit a response to this RFQ, 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.
Public Contract Code
In accordance with Public Contract Code Section 10162, the Proposer shall complete a Public Contract Code Statement and Questionnaire and include this in RFQ submittal. See Attachment D (Public Contract Code).
The scope of services may include construction inspection of Capital Improvement Program projects and/or improvements associated with public land development. Under the California Labor Code, inspection of a “public work” will require payment of no less than prevailing wages for this classification and in addition, require firm(s) be registered with the Department of Industrial Relations.
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a forced ranking process (see example in Attachment E). Informal interviews may be conducted by City staff and may include more than one firm that has submitted a Proposal.
Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City.
Overview of On-Call Projects Process
When requesting services for work under an on-call contract, a City project manager will request services on a “Time and Material” basis. Selected firm’s services will be negotiated on a per project basis and have a budget and specific work scope, submitted on letterhead and signed by the designated project manager. The notice to proceed for work will be issued by Task Order (see Attachment F).
Selection of Consultant
Submitted Proposals will be evaluated and scored using the following criteria:
• Qualifications and specific experience of key project team members. • Quality and completeness of the proposal.
• Experience with engagement of similar scope and complexity. 464
• Satisfaction of previous clients.
• Cost of providing the consultant services for this project.
Attachments removed for June 7 Staff Report.
465
Nick Heywood, PMP
Associate Vice President
Guidepost Solutions LLC
2121 N. California Blvd., Suite 800
Walnut Creek, CA 94596
510.648.5903 (M)
[email protected]
guidepostsolutions.com
Request for Qualifications (RFQ)
CITY OF DUBLIN
AUDIOVISUAL TECHNOLOGY ENGINEERING
AND DESIGN SERVICES February 18, 2022
Proposed to:
Jordan Foss
Management Analyst II
City of Dublin
925.833.6630
Attachment 4
466
February 18, 2022
Jordan Foss
Management Analyst II
City of Dublin
925.833.6630
RE: Request for Qualifications – City of Dublin Audiovisual Technology Engineering and Design Services We understand that the City of Dublin (City) is seeking qualifications from firms to provide on-call audiovisual technology engineering and design services in support of various Capital Improvement Projects (CIP), and Information Services and Public Works Divisions. The City will undertake the modernization of three (3) existing facilities – 1) Shannon Center Ambrose Hall, 2) Shannon Center Conference Room, and 3) Library Program Room, that will include repurposed used technology, if appropriate.
Guidepost Solutions’ (Guidepost) proven team of consultants, designers, and engineers are ready to work with the City to create technology designs that are scalable, innovative, reliable, and provide an infrastructure capable of supporting an array of technology options both today and in the future.
To augment our services, Guidepost has partnered with Indigo Hammond+Playle Architects who has provided more than 30 years of design expertise to city and public works clients. We are also partnering with M. Niels Engineering to provide electrical design services. Guidepost, Indigo and M. Niels worked in collaboration on the Police and Public Safety Building for the City that was successful in delivering a functional facility.
As the City’s audiovisual on-call provider, the Guidepost team will bring the following to your projects:
Proven Experience - Guidepost has 30 years of experience designing complex, state-of-the-art audiovisual technology systems for numerous city, county and other municipal clients including San Leandro Police Department, City of Fairfield Council Chambers, and the County of Alameda Emergency Operations Center, among many others. Our team includes project leaders and subject matter experts with significant experience in the latest audiovisual systems design, planning, and implementation. Our experience in these areas provides integrated results that balance our client’s business needs with industry-best, cost-effective solutions.
Collaborative Process - We know that communication and collaboration is key, and we will utilize various technologies and in-person meetings to engage and inform the key stakeholders throughout the project. Holistic Approach that Starts with Listening - We begin all of our projects by listening to our client’s needs, desires for improvement, and lessons-learned. We’ll take a holistic approach to ensure that we provide the City with an integrated plan for audiovisual technology engineering and design that supports the operational needs of the organization both now and into the future.
Thank you for the opportunity to provide our qualifications, we look forward to working with the entire project team moving forward.
Sincerely,
Nick Heywood, PMP
Associate Vice President
510.648.5903
[email protected]
467
A. Qualifications and Experience
B. Key Staff Members
C. Project Experience + Client Reference
D. Attachment B: Rate Schedule
E. Consultant Agreement and Insurance
F. Attachment C: Conflict of Interest
G. Attachment D and Public Contract Code
1 6
18 26
28 30
33 468
QUALIFICATIONS +
EXPERIENCE
469
GUIDEPOST SOLUTIONS OVERVIEW
Guidepost is a global team of experienced security and technology consultants, investigators, and compliance and monitoring experts. We provide guidance and support to help you address critical needs and make strategic decisions.
We have built our brand on the collective strength of our team, based on the experience and reputation of individuals who serve as a source of protection, strategic guidance, and leadership.
Guidepost has partnered with global organizations to create technology solutions that embrace the unique culture of each building to provide a first-in-class technology experience for employees and guests. We provide innovative consulting, design, and managed services that balance realistic business needs with industry-best, cost-effective solutions. We serve as a trusted partner for our notable clients, helping to secure critical and high-value assets, contributing to efficient organizational operations, and engaging strategies that are in-line with their corporate values and unique needs.
Guidepost has worked with more than 60+ municipal clients across the country. In recent years, we have worked with the City of Dublin, City of Fairfield, County of Alameda, County of Merced, County of San Mateo, City of San Leandro, County of Sacramento, and the County of Marin, among others.
SUBCONSULTANT OVERVIEW - ARCHITECTURE
Indigo Hammond & Playle Architects, LLP is a California Limited Liability Partnership founded in 1999 with Jonathan Hammond and Arthur Bruce Playle comprising the two principals of the firm. Both principals have been with the firm since its inception. Their goal is to bring climate-adapted, bio-regional design into the mainstream of architectural practice, creating spaces that are responsive to both the people who use them and to local environments. The firm’s principal architects have over 80 years of combined design experience. Indigo offers complete architectural services for design, bidding, construction administration, move-in, and commissioning of site and building facilities.
Their experience in both the public and private sectors has given insight into the complex regulatory and political environments which surround many projects. As architects with extensive construction experience, they understand the importance of communication between owners, designers, and contractors. Indigo has extensive successful experience in planning and deploying building projects for civic clients.
SUBCONSULTANT OVERVIEW – ELECTRICAL ENGINEERING
M. Niels Engineering, Inc. technical capabilities include extensive expertise in power systems, lighting, system controls, audiovisual systems, security access control and surveillance systems, fire and life safety systems, voice, data and video communication systems and production of CADD drawings. M. Neils’ staff is well versed in performing field investigations, electrical troubleshooting, research and preparation of planning documents and schematics as well as preparation of drawings and specifications from preliminary design through contract documents. The firm invests heavily in professional development and technology, allowing M. Neils to remain on the leading edge of design. 470
M. Neils has managed the design of electrical infrastructure for numerous audiovisual and other low-voltage systems projects throughout California. Serving multiple clients, M. Neils has provided electrical engineering scoping studies, planning, design and construction administration services on projects involving new construction, building renovations, additions, ADA improvements, and equipment upgrades. Relevant projects include:
City of Dublin Public Safety Center Renovation (with Guidepost and Indigo) City of Stockton City Hall Relocation (with Guidepost and Indigo) City of Fairfield City Council Chambers Modernization (with Guidepost and Indigo) Kaiser Sacramento Medical Center Emergency Department Expansion (with Guidepost) Kaiser Sacramento Medical Center Emergency Department Intake (with Guidepost) Kaiser South Sacramento Medical Center Utility Building Security Operations Center Remodel (with Guidepost) Cal Fire South Operations Headquarters (with Guidepost) Yuba County Sheriff’s Department Remodel
AUDIOVISUAL SERVICE OVERVIEW
Guidepost offers over 65 years of combined experience in the design and integration of audiovisual technology-based systems across a vast array of applications and environments. In addition to the conference rooms, collaboration spaces, and training/teaching venues that are common to almost every facility, Guidepost has provided consulting and design services for new and tenant improvement projects in almost every sector for clients across the US.
Guidepost has experience designing courtroom, adult and juvenile detention, and law enforcement facilities. We’ve designed mass notification and public information systems for large public spaces like the Santa Monica Pier and transportation hubs including the James R. Herman Cruise Ship Terminal in San Francisco. We have designed dozens of mission critical facilities, including Emergency Operations Centers for several counties and municipalities, as well as Global Security Operations Centers for multiple Fortune 500 companies, including Dolby Labs, AirBnB, PayPal, Salesforce, Oracle and Robinhood. Guidepost has designed hospitals, medical simulation, and tele-teaching environments for healthcare. We’ve designed aquatic centers for UC Berkeley and USC, medical schools for UCLA and UC Riverside, a telemedicine training and medical simulation center for UCSF, and visual arts studios for Diablo Valley College.
Guidepost believes that modern audiovisual systems should be fully integrated into a facility’s interiors and architecture. Technology should seamlessly serve the user’s needs. We are committed to understanding and delivering on operational requirements, aspirations and goals, and ourur project teams conduct a thorough schematic design process centered on user culture and needs. Audiovisual is a uniquely “high-touch” technology - desgining effective audiovisual systems requires a seamless collaboration with the user. 471
BENEFITS OF WORKING WITH OUR TEAM
Our team can provide the following distinguishing benefits to the City:
Audiovisual Technology design experts with
additional technology designers (cybersecurity,
security, telecommunications) readily available.
Collaborative Team approach - utilizing current
real-time communication tools (Microsoft Teams,
Cisco, Smartsheet, Bluebeam Revu, SharePoint)
Experience providing specialized audiovisual
technology design and engineering services to
municipal clients with limited-to-no interruptions
to daily operations.
Development of thoughtful, tailored solutions for
our clients that address their needs, budget, and
future goals. We do not provide cookie-cutter
solutions.
Experienced collaborators with owners, property
management, architects, engineers, Authorities
Having Jurisdictions (city, county, state officials,
police, and fire departments), key stakeholders,
and the general public.
472
CERTIFICATIONS + MEMBERSHIPS
Highlighted below are certifications and memberships held by team members within our firm. 473
KEY STAFF
MEMBERS
474
KEY STAFF OVERVIEW
Our team members possess the technical qualifications, availability, and required resources to deliver any project within this contract on time, within budget, and to your satisfaction. Our proposed team members have the expert skills and relevant experience that we believe are necessary to successfully complete each project. Our team members are as follows:
Principal-in-Charge, Nick Heywood, PMP: To ensure the effective management of this engagement, Guidepost provides a senior executive of the firm, to oversee and monitor the overall timing and effective performance of the project. Primarily, his role is to coordinate all the consulting and engineering resources to ensure availability and to continuously review the overall progress and quality control of the engagement. He will consult with the Senior Project Manager regarding progress on a weekly basis. He will participate in the project regularly to ensure its ultimate success.
Senior Project Manager, Kelly Miller, CTS-D: This key management position will serve as the main point of contact for the project design work, will be responsible for the day-to-day conduct of the project and the timely execution of all defined deliverables, will attend planning and design meetings, and will provide vision for all aspects of the engagement. Mr. Miller is currently providing audiovisual design and consulting oversight for multiple projects, including CalSTRS, and San Leandro Police Department, among others. He is certified in both Crestron and Extron systems.
Subject Matter Experts and Designers: These roles will provide specialized audiovisual design expertise and assist in conducting research, developing design documentation, and other tasks stated in the RFQ. They will be assigned by the Senior Project Manager to specific tasks/engagements and will participate in all conference calls and project meetings, as well as in the execution of project deliverables. These SMEs and Designers will be:
° Michele French, CTS, CEV, CTS, CBT, CNBT – Audiovisual Technology Designer ° Lindsay Woolward – Audiovisual Technology Designer
° Bruce Playle, AIA (Indigo, Hammond, Playle Architects) - Architectural Design ° Prescott Nichols, AIA, LEED AP BD+C (Indigo, Hammond, Playle Architects) - Architectural Design ° Jesse Batian, P.E. (M. Niels Engineering) - Electrical Engineering ° Julia Brodovsky, EIT (M. Niels Engineering) – Electrical Engineering Quality Control, Ali Mortazavi, P.E. – The quality control and production team, led by Mr. Mortazavi, who is a licensed engineer in 23 states including California (#7500E-20334) will provide documentation control and review for the team. Mr. Mortazavi and his team will perform QA/QC control on documentation. 475
KEY STAFF ORGANIZATION CHART
476
NICK HEYWOOD, PMP
Principal-in-Charge
Nick Heywood is the Associate Vice President for the Western Region. Mr.
Heywood is an experienced and versatile professional project manager (PMP) with a proven track-record of successfully delivering complex multidiscipline projects on-time and within budget.
As a trusted advisor, he maintains transparent open communication between the client and the project team, ensuring that the client’s vision and needs are understood and expectations delivered. Mr. Heywood’s consulting career encompasses multiple vertical sectors including experience in the education, healthcare, corporate, and detention sectors. As a senior consultant, he brings solutions to problems with a focus on improving safety and security, enhancing operational safety and security measures and scalability and sustainability to clients’ security programs. Mr. Heywood has the availability and is committed to working the hours needed in order to deliver a successful project to the City.
RELEVANT EXPERIENCE
Santa Clarita Sheriff’s Station | Santa Clarita, California Stanford University Public Services Building | Stanford, California Rancho Cucamonga Superior Courthouse | Rancho Cucamonga, California Marin Juvenile Detention Center | Marin, California
County of San Diego CCA/CMAR Correctional Facility | East Mesa, California Sonoma County Main Adult Detention Facility | Santa Rosa, California
EDUCATION
Bachelor of Arts, (Honors)
Business Administration,
University of Huddersfield,
England
CERTIFICATIONS
Project Management
Professional (PMP)
AFFILIATIONS
Project Management Institute
(PMI)
ASIS InternationalAssociation
AREAS OF EXPERTISE
Project Management
Physical Security & Safety
Assessments
Operational Policy &
Procedure Protocol
Development
Security Technology Systems
Standards
Security Technology Systems
Design
Systems Commissioning and
Owners Representative
477
KELLY MILLER, CTS-D
Senior Project Manager, Audiovisual
Kelly Miller brings 30 years of specialized experience in the design, engineering, and management of complex audiovisual systems, supporting hundreds of projects across broadcast, corporate, public sector and healthcare. For 13 years, Mr. Miller managed the deployment of all audiovisual and teleconferencing technology for Kaiser Permanente, overseeing system design, user support and network operations. Among his recent projects are the modernization of the City of Fairfield’s council chambers, including all audiovisual and new broadcast cameras. He is designing the technology renovation of the Emergency Operations Center for the city of Corona in Southern California. He is also currently designing all audiovisual systems for CalSTRS new 275,00 sq. ft. headquarters. As a Senior Project Manager and audiovisual practice lead, Mr. Miller is currently providing leadership and audiovisual subject matter expertise on more than a dozen ongoing projects across the nation.
RELEVANT EXPERIENCE
Alameda County Emergency Operations Center | Dublin, CA Alameda County Board of Supervisors Chambers | Oakland, CA California State Teachers Retirement System HQ | Sacramento, CA Los Angeles County Sheriff’s Station | Santa Clarita, CA Fairfield Council Chambers Modernization | Fairfield, CA San Leandro Police Department | San Leandro, CA
City of Stockton City Hall Relocation | Stockton, CA
California Governor’s Mansion | Sacramento, CA
Stanford University Public Safety Building | Palo Alto, California Marin County Emergency Operations Center | San Rafael, CA Merced County Emergency Operations Center | Modesto, CA Solano County Justice Detention Center | Fairfield, CA Santa Monica Pier Mass Notification | Santa Monica, CA Genentech Building 35 | South San Francisco, CA
Facebook Headquarters | Menlo Park, CA
Kaiser Permanente Medical Offices and Cancer Center | Dublin, CA Diablo Valley College Physical Education/Kinesiology Complex | Pleasant Hill, CA
Dolby Laboratories HQ | San Francisco, CA
PayPal | Multiple Facilities Globally
EDUCATION
Bachelor of Arts, California
State University at Fullerton
CERTIFICATIONS
Certified Technology
Specialist - Design (CTS-D)
SynAudCon- Audio System
Design
Crestron DM Design
Blonder Tongue SD/HD Video
Delivery Design
Harman Network Video Design
Dante Audio Levels 1 & 2
Design
AFFILIATIONS
BICSI
Project Management Institute
Society of Motion Picture and
Television Engineers
Audio Engineering Society
(AES)
AVIXA (formerly Infocomm)
AREAS OF EXPERTISE
Audiovisual Systems
Media distribution networks
Videoconferencing
Sound Masking
Mass Notification
478
MICHELE FRENCH, CTS,
CEV, CTS, CBT, CNBT
Audiovisual Technology Designer
Michele French is a highly trained senior engineer. She has extensive experience in the design, engineering and project management of complex systems integrating audiovisual and network technology across a wide array of applications and facilities. Her experience includes the design and engineering of large integrated technology projects including audiovisual technology, IP networking, copper and fiber backbone cabling, pathways, and equipment spaces. She uses technology system CAD design to create construction drawing packages for plans, risers, elevations, details, and schematics. Prior to joining Guidepost Solutions, Ms. French was a senior audiovisual designer and a television system engineer. She oversaw the ongoing design, engineering, installation and maintenance of television production facilities, networked media systems, satellite downlinks, product design, and AV system design for commercial facilities. Ms. French has the availability and is committed to working the hours needed in order to deliver a successful project to the City.
RELEVANT EXPERIENCE
PayPal | Multiple Facilities Globally
Airbnb | San Francisco, CA
California State Teachers Retirement System HQ | Sacramento, CA City of Stockton City Hall Relocation | Stockton, CA
Fairfield Council Chambers Modernization | Fairfield, CA UC Berkeley Legends Aquatic Center | Berkeley, CA
Los Angeles County Sheriff’s Station | Santa Clarita, CA San Francisco State University Broadcast and Communication Arts | San Francisco, CA
Genentech | South San Francisco, CA
Facebook | Menlo Park, CA
Oceanwide Center | San Francisco, CA
Robinhood | Denver, CO
Oracle | Austin, TX
SF Jazz Center | San Francisco, CA
Dropbox Headquarters | San Francisco, CA
Santa Monica Pier Mass Notification | Santa Monica, CA
EDUCATION
Bachelor of Arts, Broadcast
Communications, San
Francisco State University
Associate of Science,
Broadcast Technology, Napa
Valley College
CERTIFICATIONS
Certified Video Engineer (CEV)
Certified Broadcast
Technician (CBT)
Certified Broadcast
Networking Technologist
(CBNT)
FCC Amateur Radio Service
General-Class License K6FRE
Crestron DM Design
Dante Audio Levels 1 & 2
Design
AFFILIATIONS
▪ Society of Motion Picture
Television Engineers (SMPTE)
▪ The Society of Broadcast
Engineers (SBE)
AREAS OF EXPERTISE
Systems Engineer
Construction Drawing
Technology Integration Design
479
over LINDSAY WOOLWARD
Audiovisual Technology Designer
Lindsay Woolward is an audiovisual and security consultant specializing in audiovisual systems design, security technology design, and security risk consulting.
Mr. Woolward has advised a wide variety of clients everywhere from Seattle, Washington to Fort Lauderdale, Florida, including city, county, and state governments, K-12 school districts, universities, corporations, and transportation authorities. Projects for clients have included audiovisual systems design, security technology systems design, comprehensive security risk assessment, and master planning.
Mr. Woolward brings two decades of audiovisual systems experience, having started as a technical director for theater and dance before transitioning to audiovisual systems design. He has designed audiovisual systems for K-12 classrooms and gyms, high school performing arts centers, university classroom and nurse training simulation systems, corporate conferencing, hospital patient rooms, flexible event systems, courts, and municipal government training facilities.
Before joining Guidepost, Mr. Woolward founded Quill Security Technology to build first-in-the-world security risk models and data dashboards for universities, national manufacturers, and multinational corporations, providing both a wealth of security data and a straight-forward way to manage physical security programs based on consistent ROI analysis. Mr. Woolward has the availability and is committed to working the hours needed in order to deliver a successful project to the City.
RELEVANT EXPERIENCE
Minneapolis Public Schools Auditorium Modernization | Minneapolis, MN Milpitas High School Performing Art Center | Milpitas, CA North Hollywood High School Expansion + Modernization | North Hollywood, CA
Metro State University Classroom Audiovisual Technology Upgrade | St.
Paul, MN
Metro State University Nurse Simulation Center Audiovisual | St. Paul, MN California Northstate University Hospital Audiovisual | Elk Grove, CA Santa Rosa Criminal Courthouse Audiovisual | Santa Rosa, CA
EDUCATION
Master of Bachelor of Arts,
Theater, Macalester College
AFFILIATIONS
ASIS International
AREAS OF EXPERTISE
▪ Performing Arts Audiovisual
Design
▪ Educational Audiovisual
Design
▪ Conference Audiovisual
Design
▪ Security Risk Assessment
▪ Security Systems Design
480
over ALI MORTAZAVI, P.E.
Quality Control and Production
Ali Mortazavi brings over 13 years of experience in quality control, production, electrical engineering and technology industry experience to the team.
Throughout his career, he has been responsible for the design of electrical and low voltage systems for commercial, industrial, and institutional projects including office buildings, educational, religious, assisted living/nursing facilities, libraries, fire stations, retail spaces, multi-family units, hospitals, medical offices, and high rises.
Additionally, Mr. Mortazavi’s experience includes further involvement in the design of standard and emergency lighting systems; performing circuiting fault current and voltage drop calculations; and analyses and moderate power distribution design. Mr. Mortazavi’s expertise in the creation of professional design documents assists in the design layout of the low voltage systems during all phases of document development throughout the project. During implementation, his expertise will prove invaluable in the coordination of design documents with systems in varying degrees of implementation.
As a Senior Director of Production + Engineering, Mr. Mortazavi provides leadership and oversight on all design projects for telecommunications, audiovisual, security, and fire alarm projects for the company. Mr. Mortazavi has the availability and is committed to working the hours needed in order to deliver a successful project to the City.
RELEVANT EXPERIENCE
Apache Energy Headquarters | Calgary, Canada
Airbnb | San Francisco, CA
California State Teachers Retirement System Headquarters | West Sacramento, CA
NVIDIA Headquarters Campus | Santa Clara, CA
Genentech Hilltop | South San Francisco, CA
Facebook | Menlo Park, CA
Dolby Laboratories | San Francisco, CA
Dallas Police Department | Texas
Willis Tower | Chicago, Illinois
S.C. Johnson West Campus | Racine, Wisconsin
The Old Post Office Renovation | Chicago, Illinois
Haymarket Center | Chicago, Illinois
EDUCATION
Master of Science, Electrical
Engineering, Southern
Methodist University
Bachelor of Science,
Electrical Engineering, Azad
University, Tehran, Iran
LICENSES
Professional Engineerlicensed in 23 states
AREAS OF EXPERTISE
Security Consulting
Security Design
BIM
AutoCAD
481
JESSE BATIAN, P.E.
Electrical Engineer – M. Neils Engineering, Inc.
Jesse Bastian has over 16 years of experience in electrical engineering and lighting design, including 10 years as a licensed electrical engineer. He has significant expertise in working with public agencies on civic, municipal, and public safety projects. He will serve as Electrical Engineer of Record for all projects under this on-call contract, and will review all electrical construction documents prior to final plan signing. Mr. Batian has the availability and is committed to working the hours needed in order to deliver a successful project to the City.
RELEVANT EXPERIENCE
Kaiser Sacramento Medical Center Emergency Department Expansion | Sacramento, CA
Principal Electrical Engineer for an emergency room expansion. The electrical system includes four branches of power; uninterruptible power system; lighting; telecom infrastructure; and fire alarm, nurse call, security, audiovisual, and public address systems. The A/V scope included electrical connections to displayss at nurse stations and telemetry system monitors.
City Of Stockton City Hall Relocation | Stockton, CA
Principal Electrical Engineer for the 130,000 sq. ft. renovation of two existing buildings to house the City’s relocated City Hall functions. The electrical engineering scope includes power, data/telecommunications, fire alarm, site lighting, interior lighting, and Title 24 lighting energy compliance documentation. A/V scope includes connections to private office TV’s and public information boards. This project is currently under construction.
Fairfield City Council Chambers Modernization | Fairfield, CA Principal Electrical Engineer for modernization of the existing City Council chambers, including ADA upgrades and tenant improvements. The project scope included lighting replacement, information technology upgrades, and audiovisual improvements. The A/V scope included electrical connections to information boards within the Council Chambers.
Cal Fire South Operations Headquarters | Riverside County, CA Senior Electrical Engineer for a new regional office headquarters replacement facility that includes an operations center, administrative and training buildings, engineering office, shop buildings, generator/storage building, photovoltaic power, site work and utilities. The A/V scope included electrical connections to TV’s, information boards, and monitors.
EDUCATION
Bachelor of Science,
Electrical and Electronic
Engineering, California State
University, Sacramento
REGISTRATION
Electrical Engineer,
California #E20229, 2012
CERTIFICATIONS
Power Engineering
Certificate, Electric Power
Educational Institute,
California State University,
Sacramento
AFFILIATIONS
Illuminating Engineering
Society
Institute of Electrical and
Electronics Engineers
482
JULIA BRODOVSKY, EIT
Associate Electrical Engineer – M. Neils Engineering, Inc.
Julia is a Certified Engineer-in-Training with recent experience in electrical design to support audiovisual systems. She is an experienced project lead and is skilled in coordination with all project stakeholders to develop wellcoordinated electrical designs. Her project experience inclus.Ms. Brodovsky the availability and is committed to working the hours needed in order to deliver a successful project to the City.
RELEVANT EXPERIENCE
City of Stockton City Hall Relocation | Stockton, CA
Assistant Engineer for this 130,000 sq. ft. renovation of two existing buildings to house the City’s relocated City Hall functions. The electrical engineering scope includes power, data/telecommunications, fire alarm, site lighting, interior lighting, and Title 24 lighting energy compliance documentation. A/V scope includes electrical connections to private office TV’s and public information boards. This project is currently under construction.
Sacramento International Airport Operations Building and ARFF Electrical Service | Sacramento, CA
Assistant Engineer and project lead for replacement of the existing electrical service equipment and emergency generators at the Airport Operations Building and ARFF. The project scope includes design for a new Sacramento Municipal Utility District electrical service to backfeed existing electrical distribution system, new site lighting, and low-voltage cabling.
Sacramento International Airport FAA Bus EV Chargers | Sacramento, CA Assistant Engineer for design of installation of electric bus chargers at two locations within the facility, including both fast chargers and overnight chargers, with additional infrastructure for future installations. The project includes a tie-in to the existing 12kV electrical system with a sectionalizing switch, with installation of a medium voltage transformer and switchboard to provide 480 volt power to the chargers. Additionally, the project will provide 120/208 volt power for convenience receptacles as well as lighting for the bus parking areas.
EDUCATION
Bachelor Of Science,
Electrical Engineering, Ohio
Northern University, 2011
CERTIFICATION
EIT - Certified Engineer-inTraining #168276
AREAS OF EXPERTISE
IInstitute of Electrical and
Electronics Engineers
Society of Women Engineers
483
over BRUCE PLAYLE, AIA
Architecture – Indigo, Hammond + Playle Architects, LLP With a professional design and planning background and over 41 years of experience in municipal, educational, and commercial facilities, Bruce Playle is well prepared to serve your project needs. Mr. Playle has the availability and is committed to working the hours needed in order to deliver a successful project to the City. He has been at the forefront of the development of alternate project delivery methods such as design-build, in both the public and private sectors. His special abilities in facilitation of large user groups and committees is an especially useful tool in reaching project design consensus.
Mr. Playle believes strongly that every successful project begins with a concept statement that is implemented with a well managed design and construction process.
RELEVANT EXPERIENCE
City of Fairfield Council Chambers | California
City of Dublin Police & Fire Public Safety Complex | California Stockton City Hall Waterfront Towers Assessment & Remodel | California City of Stockton Police Building Assessment & Remodel | California Los Banos Police Space Use Assessment & Planning Study | California Davis City Hall Remodel | California
City of San Leandro Police Department Expansion | California East Bay Regional Park District Public Safety HQ | Castro Valley, California City of San Ramon Police Department | California
Yuba County Sheriff’s Facility | Marysville | California City of Fairfield Police Department | California
City of Tracy Public Facilities and Public Safety Master Plans | California City of Vacaville Police Headquarters | California
City of Davis Police Headquarters | California
City of Visalia Police Substations | California
City of Woodland Police Headquarters | California
EDUCATION
Bachelor of Architecture,
cum laude, Auburn University,
Alabama, 1979
REGISTRATION
Architect, California C15459
AFFILIATIONS
American Institute of
Architects
SPEAKING ENGAGEMENTS
Invited Keynote Speaker;
Bioregional design — Toward
Zero Carbon Future,
Naturally; 4th International
Conference on Bio-Based
Building Materials; Barcelona;
2021
Invited Speaker, Extending
the Survivability of Buildings,
CALBO Annual Business
Meeting, Monterey 2015
Invited Speaker, Resiliency:
Extending the Survivability of
Buildings, AIA National
Convention, Chicago 2014
Session Speaker, Bioregional
Design: Creating Regionspecific Vernacular by
Designing
484
over PRESCOTT NICHOLS, AIA,
LEED AP BD+C
Architecture – Indigo, Hammond + Playle Architects, LLP Prescott Prescott is Indigo’s most senior project architect, having overseen $40M in civic construction in the last five years. He monitors the design process and construction from conception through construction to ensure delivery of client needs. He works independently and teams with colleagues and consultants to deliver projects with flexible, thoughtful and innovative solutions in a very high-energy and fast paced design and construction environment. He is proficient in office analysis, scheduling, and page layout software in addition to SpecLink-E technical database and ArchiCAD BIM 3D modeling and promotes a fully realized 3D modeling approach to design development. He drafted LEED performance requirements for a design-build police headquarters, resulting in an award-winning LEED-certified facility for the client. Mr. Nichols has also developed a three-part technical specification for a straw bale insulation and finish system (SIFS) - the first of its kind. Mr.
Nichols has the availability and is committed to working the hours needed in order to deliver a successful project to the City.
RELEVANT EXPERIENCE
City of Dublin Police & Fire Public Safety Complex | California City of San Leandro Police Department Expansion | California Yuba County Sheriff’s Facility | California
City of West Sacramento Fire Station #41 | California Live Oak Mini Public Facilities Master Plan | Berkeley, California City of Tracy Public Facilities Master Plan | California City of Tracy Public Safety Master Plan | California
City of Hayfork Public Safety Facility | California
City of Vacaville Transportation Center | California
City of Vacaville Police Headquarters | California
City of Davis Police Headquarters | California
City of Visalia Police Substations | California
City of Woodland Police Headquarters | California
Orland Police Headquarters | California
Colusa Civic Facilities Master Plan | California
EDUCATION
Master of Architecture,
University of Oregon, Eugene
B.A. Linguistics, University of
California, Santa Cruz
REGISTRATION
Architect, California C29107
LEED Associated
Professional Building Design
and Construction
AFFILIATIONS
American Institute of
Architects
US Green Building Council
SPEAKING ENGAGEMENTS
Invited Keynote Speaker;
Bioregional design — Toward
Zero Carbon Future,
Naturally; 4th International
Conference on Bio-Based
Building Materials; Barcelona;
2021
Invited Speaker, Extending
the Survivability of Buildings,
CALBO Annual Business
Meeting, Monterey 2015
Invited Speaker, Resiliency:
Extending the Survivability of
Buildings, AIA National
Convention, Chicago 2014
485
PROJECT
EXPERIENCE +
CLIENT
REFERENCES
486
EXPERIENCE + REFERENCE
We have provided examples of audiovisual technology clients with references for your review.
CITY OF SAN LEANDRO
POLICE DEPARTMENT
SAN LEANDRO, CALIFORNIA
Guidepost provided audiovisual and security technology systems design for the renovation and expansion of the $9.4 million The project involves renovating 3,750 SF of a 1967 two-story San Leandro P.D. building and 7,500 SF of the South Offices Building. The South Offices Building will house the Traffic, Records and several sections of the Criminal Investigations Division. The vacated areas of the existing P.D. will be reconfigured for an expanded communications center and supporting spaces. This project features the new community meeting space including smart screen and projection.
PROJECT TEAM
Guidepost Solutions
Indigo Architects
M. Niels Engineering
PROJECT SIMILARITIES
Audiovisual Design
Security Design
Architectural Design
Electrical Engineering
City Municipality Client
DATES OF SERVICE
2021 - Ongoing
CLIENT CONTACT
Kyle K. Lei
Associate Engineer
City of San Leandro
510.577.3302
[email protected]
Photo Courtesy of Indigo Architects
487
CITY OF FAIRFIELD
COUNCIL CHAMBERS
FAIRFIELD, CALIFORNIA
This project provided state-of-the-art audiovisual communications, presentation monitors, cablecast facility, broadcast lighting, and facilities for the hearing impaired. Upgrades included providing physical and electronic security to Council Chambers, as well as for ballistics and an emergency escape route, in case of incident. Guidepost served as a consultant to Indigo Architects and ensured that audiovisual, telecast, and lighting capabilities in Council Chambers were state-ofthe-art. Temporary Council operations were accommodated off-site during construction to minimize disruption of Council meetings.
PROJECT TEAM
Guidepost Solutions
Indigo Architects
M. Niels Engineers
PROJECT SIMILARITIES
Audiovisual Design
Security Design
Architectural Design
Electrical Engineering
City Municipality
DATES OF SERVICE
2019 - 2021
CLIENT CONTACT
Caroline Vedder
Public Works Engineering
Project Manager
707.428.7484
[email protected]
Photo Courtesy of Indigo Architects
488
CITY OF STOCKTON
CITY HALL
STOCKTON, CALIFORNIA
The City of Stockton is relocating their City Hall to the newly acquired “Waterfront Towers” consisting oftwo Class “A” office buildings totaling approximately 123,000 S.F. Previously, the building was used as an office and a bank. Indigo was commissioned to space-plan and design interior spaces to best suit the City’s needs, now and in the future. Resilient features and security upgrades are being added to the design. Guidepost and M. Niels are providing modernizations to audiovisual and security systems, and electrical engineering. Indigo designed a new state of the art Council Chamber addition to fit seamlessly into the new City Hall complex. Work on this Project is ongoing.
PROJECT TEAM
Guidepost Solutions
Indigo Architects
M. Niels Engineers
PROJECT SIMILARITIES
Audiovisual Design
Security Design
Architectural Design
Electrical Engineering
City Municipality
DATES OF SERVICE
2019 - Ongoing
CLIENT CONTACT
John Chang, P.E
Senior Civil Engineer
City of Stockton
209.937.8111
[email protected]
489
CITY OF DUBLIN, LEED PLATINUM
PUBLIC SAFETY COMPLEX
DUBLIN, CALIFORNIA
The first LEED Platinum renovation project in the state of California, this $17 million remodel brought an existing of a 30,000 SF building up to essential services building code. The project received the national American Public Works Association’s 2021 Project of the Year award. In this combined police and fire public safety complex, a new 24,000 SF addition was added at the entrance. The facility includes new admin offices for fire & police, a public lobby and information counter, new locker rooms, evidence storage, and an armory.
Resiliency was made a priority, with seismic and code upgrades including an emergency power system. Guidepost delivered a low-voltage system design for video surveillance, access control, alarm monitoring, interview room recordings, and intercoms. Our work also included an assessment of the communication path to the alarm monitoring center and coordination of the access control and alarm monitoring components with the project’s door hardware provider.
PROJECT TEAM
Guidepost Solutions
Indigo Architects
PROJECT SIMILARITIES
Security Design
Architectural Design
City Municipality
DATES OF SERVICE
2018 - 2019
CLIENT CONTACT
Garret Holmes
Police Chief
City of Dublin
925.833.6670
[email protected]
Photo Courtesy of Indigo Architects
490
SANTA CLARITA SHERIFF’S STATION
SANTA CLARITA, CALIFORNIA
Guidepost provided all low voltage systems design services for the construction of the $68 million, Santa Clarita Sheriff’s Station, located in Santa Clarita, CA. The project involves the construction of approximately 50,000 sq. ft. of space to house the Los Angeles County Sheriff’s staff and detention area. Guidepost provided audiovisual systems, public address, Emergency Operations Center, radio monitoring, telecommunications infrastructure, distributed antenna system (DAS), electronic security systems including access control, alarm monitoring, and detention door monitoring systems.
PROJECT TEAM
Guidepost Solutions
PROJECT SIMILARITIES
Audiovisual Design
Telecommunications
Design
Security Design
City Municipality
DATES OF SERVICE
2018 - 2021
CLIENT CONTACT
Lisa Campos
Engineering Technician
City of Santa Clarita
661.857.2066
Lcampos@santaclarita.com
491
CALIFORNIA STATE TEACHERS’
RETIREMENT SYSTEM
SACRAMENTO, CALIFORNIA
Guidepost is providing all low voltage systems design for CalSTRS new 275,000 sq. ft., ten-story, high-rise headquarters. Design services include audiovisual systems, cable television distribution, physical security systems, structured cabling and engineering for backbone and horizontal cable plant, Distributed Antenna System (DAS), and Fire Alarm to accommodate future growth and ongoing administration. This $300 million project will feature 80% onsite renewable energy, clearing a path for Zero Net Energy designation. The project includes 15 new intermediate distribution frames (IDF’s) one new Minimum Point of Entry, (MPOE), one new Building Distribution Frame (BDF), Category 6A cabling, under floor basket tray and multi-tier j-hook assemblies. Construction will continue through 2022 with a projected opening in the Spring of 2023.
PROJECT TEAM
Guidepost Solutions
PROJECT SIMILARITIES
Audiovisual Design
Telecommunications Design
Security Design
State Municipality
DATES OF SERVICE
2018 - Ongoing
CLIENT CONTACT
Steven Mitchell, AIA,
LEED AP BD+C
Associate Principal
ZGF Architects
503.224.3860
[email protected]
492
PROJECT EXPERIENCE
Below is a listing of projects that we have completed for various municipal clients, that include audiovisual, security, telecommunications, or fire alarm services. Our scope of services range from pre-design to systems commissioning.
Our augmented team also provides award winning architectural design and electrical systems. California Dept of Corrections & Rehabilitation
California State Library and Courts
Capital Area Development Authority
City of Dallas Police Department
City of Dublin Public Services Building
City of Fairfield Police Department
City of Hermosa Beach CPTED
City of Los Angeles Civic Center
City of Palm Springs
City of Redding Police Department
City of Sacramento Department of Utilities
City of San Francisco Police Department
City of San Jose Police Department
City of San Leandro Police Department
City of University Park Police Station
City of Winters Police-Fire Station
Cook County Courthouses
County of Alameda Board of Supervisors Chambers
County of Alameda Emergency Operations
County of Dallas Records Building
County of Denton Courthouses
County of Los Angeles Office of Education
County of Merced Emergency Operations
County of Merced Main Administration Building
County of Riverside Regional Medical Center
County of Sacramento
County of San Bernardino
County of San Diego Operations Center
County of Santa Clara Family Justice Center
County of Santa Cruz
Department of Veterans Affairs
Federal Reserve Bank of Cleveland
Federal Reserve Bank of Dallas
Harris County Sheriff’s Annex
Indio Family Law Courthouse
Lake County Courthouse
Lawrence Berkeley National Laboratory
Los Angeles Police Department Metro/Rampart
Marin County Emergency Operations
New York Metropolitan Transit Authority (MTA)
Northern State Correctional Facility
Oklahoma City Police Department & Courthouse
Orange County Sanitation District
Port of Long Beach Headquarters & Civic Center
Port of Oakland Domain Awareness Center
Port of San Francisco Pier 27
San Benito County Jail
San Mateo County Youth Services
Santa Rosa City Chambers
Seacoast Utility Authority
Shasta County - Redding Courthouse
Snohomish County Courthouse
State Compensation Insurance Fund
Tehama County Courthouse
Tuolumne County Juvenile Detention Center
US Navy Coastal Campus
West County Re-Entry Treatment
Whatcom County Public Services Building
Utah Transit Authority
493
ATTACHMENT B:
RATE SCHEDULE
494
Attachment B
RATE SCHEDULE
Please complete in the following format and be advised of the invoicing requirements, below:
POSITION TITLE RATE FOR YEAR ONE*
Principal-in-Charge $250.00
Senior Project Manager $225.00
Subject Matter Expert $225.00
Technology Designer $185.00
Engineer $185.00
Be advised of the following Invoicing requirements which will supplement Rate Schedules for firms selectedfor contract:
• Please do not use position names as staff will change over time. • Please do not include rate ranges.
• Please do not include reimbursables as these should be included in rates. • All subconsultant rates shall be approved by City designee and shall not exceed 10% above cost. • All CPI increases shall be calculated by Consultant and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect.
• Invoices shall cover a period of time from the beginning of each month, through the end of the month. • Consultant shall invoice City no more than once monthly for work hours completed during the previous month. • Invoices shall include the following level of detail: contract number; invoice period; detailed description of work completed; hours worked by employee; name of consultant’s staff and their respective rate; invoice total for period as well as subtotal and contract remaining balance. • City shall have the right to reject an invoice if it is not submitted correctly. • City shall have the right to withhold payment if City determines that the quantity or quality of work performed is unacceptable.
• Remit Invoice to: [email protected] and not to City project managers. • Be advised, the City has strict Year End deadlines. All invoices for each year, including work for June services, will be due mid-July. Exact dates will be communicated out by City staff. • Consultant shall adhere to the following requirements:
o Consultant shall attach to each invoice a breakdown of hours worked, both by project as well as hours completed by each employee per day.
495
CONSULTANT
AGREEMENT +
INSURANCE
496
Guidepost has reviewed the Consultant Agreement provided in the Request for Qualifications and has no notations or exceptions. We can provide the required insuranc coverage for this proect. A copy of our Sample Certificate of Insurance is included for your review.
497
ATTACHMENT C:
CONFLICT OF
INTEREST
498
Attachment C
CONFLICT OF INTEREST STATEMENT
For the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within AlamedaCounty 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.
Consultant 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 Consultant’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.
Nick Heywood, PMP – Associate Vice President
SIGNATORY NAME, TITLEFIRM
499
LISTING OF EAST BAY AND SAN
FRANCISCO CLIENTS SERVED
California State University, East Bay
City of Berkeley Unified School District
City of Dublin
City of Fairfield
City of San Francisco
City of South San Francisco
County of Alameda
County of Alameda Health System
Diablo Valley College | Pleasant Hill
East Bay Peralta Oaks Public Safety + Administration Headquarters Fremont Unified School District
Kentfield School District
New Haven Unified School District
Northbrook School District
Novato Unified School District
Peralta Community College District
Pleasanton Unified School District
San Leandro Police Department
San Mateo Union High School District
Stanislaus County Recorder Remodel
Walnut Creek Transit Center
500
ATTACHMENT D +
PUBLIC CONTRACT
CODE
501
502
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.
Bymy signature on this proposal I certify, under penalty of perjury under the laws of the State ofCalifornia, 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 Non-collusion 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.
February 15, 2022
DATE (AUTHORIZED SIGNATURE)
Nick Heywood, PMP - Associate Vice President
(NAME AND TITLE)
Guidepost Solutions LLC
(COMPANY NAME)
2121 N. California Blvd., Suite 800, Walnut Creek, CA 94596 (COMPANY ADDRESS)
503
Bogotá
Boston
Chicago
Dallas
Honolulu
London
Los Angeles
Miami
New York
Palm Beach
Philadelphia
Phoenix
San Francisco
Seattle
Singapore
Walnut Creek
Washington, DC
WE ARE YOUR GUIDEPOST.
Guidepost Solutions offers global investigations, compliance, monitoring, and security and technology consulting solutions that keep you moving forward. Whether you are facing a challenge or pursuing an opportunity, our team of experts provides leadership and strategic guidance to address your needs.
NICK HEYWOOD, PMP
Associate Vice President
[email protected]
510.648.5903
guidepostsolutions.com
guidepost-solutions
GuidepostGlobal
504
Image: University of Oregon Straub Hall, Eugene, OR
Qualifications
Audio Visual (AV)
Technology Engineering
and Design Services
City of Dublin
1553 Martin Luther King Jr. Way
Berkeley CA 94709
415.956.4100
shalleck.com
FEBRUARY 18, 2022
505
2 | City of Dublin
1. Title Page 3
2. Cover Letter 4
3. Qualifications & Experience 5
4. Key Staff 6
5. Project References 9
6. Rate Schedule 12
7. Standard Agreement & Insurance Requirements 13
8. Attachment C 14
9. Attachment D 17
Table of Contents
506
3 | City of Dublin
Since 2003, The Shalleck Collaborative has been providing comprehensive consulting services in the planning and design of AV (Audio/Visual) systems.
By engaging with broad perspective, we provide vision and guidance in all areas that involve AV system design and operation. From the global aspects of project conception to the specific issues of assembly, our approach focuses on the architectural design and technical operation to design and build successful AV presentation facilities.
We believe that our own enthusiasm and commitment fosters a cooperative environment, and our expertise in production systems design provides value in selecting the most appropriate systems approach for each project.
From the simple to the complex, we are equally interested in the planning of architecturally rich spaces and technical infrastructure capable of supporting multiple creative concepts over time.
Located in Berkeley, CA and Portland, OR, we are an agile group of 12 consultants and 2 admin staff, and we pride ourselves in our ability to respond quickly with thoughtful and considered solutions to design problems. We offer our services to the technology and entertainment industry, architects, municipalities, professional organizations and educational institutions. With insightful planning, design excellence and dexterity with developing elegant technical solutions, we look forward to combining our talents with yours.
AV SERVICES
• Building-wide AV implementation, integration, and infrastructure • Control system design, programming, and user interfaces and systems control • Broadcast, streaming, live event systems
• Sound and video systems for presentation, information, and immersive environments • Digital signage, interactive signage, and wayfinding
• Assistive listening systems
AV DESIGN CONSULTANT (PRIME)
The Shalleck Collaborative, Inc.
1553 Martin Luther King Jr. Way
Berkeley, CA 94709
(415) 956-4100
PROJECT MANAGER
Ian Hunter, CTS-D
Principal
(415) 814-1564
[email protected]
ARCHITECT
Co+Ed Architecture
1205 Happy Valley Avenue
San Jose, CA 95129
(408)761-3851
ELECTRICAL ENGINEER
O’Mahony & Myer
4340 Redwood Hwy., Suite 245
San Rafael, CA. 94903
415-492-0420
Conceptualization, design,
specification and coordination of
state-of-the-art of AV Systems for
public and private venues.
1 | Title Page
507
4 | City of Dublin
February 18, 2022
Jordan Foss
Management Analyst II
100 Civic Plaza
Dublin, CA 94568
925-833-6630
[email protected]
cc: Emily Determan; Tim Eisler
[email protected]; [email protected]
Dear Mr. Foss:
We are pleased to offer our response to the RFQ for the City of Dublin Audio Visual (AV) Technology Engineering and Design Services project. This submission includes our qualifications as well as our fee proposal. We have partnered with co+ed Architecture and O’Mahony + Myer Electrical Engineers. This team has worked together on many projects over the years, the most current being a renovation of the Los Altos City Council Chambers (currently under construction). Our proposed electrical engineer, O’Mahony & Myer, was the original electrical engineer for both the Shannon Center and the Dublin Library.
Since 2005, The Shalleck Collaborative has offered comprehensive consulting services in the planning and design of AV systems. I will highlight a few of our recent and relevant projects, but we have planned and aided in the AV design of over 100 multi-use, meeting, conferencing, and recreation facilities for municipalities, corporations, and related organizations throughout the Bay Area and the western United States. We are a California Corporation based in Berkeley, CA.
What I hope to convey in the pages that follow is our commitment to provide the City of Dublin with personal and diligent attention to service, drawn from our depth of experience and motivation. From the global aspects of project conception to the specific issues of how buildings go together, our work will focus on the technical operation, architectural design, and what it takes to deliver an on-point, on-budget project.
By all means, don’t take my word for it. Please call our references and ask us further questions. I believe our success is measured by your success. We look forward to combining our talents with yours.
Sincerely,
Ian Hunter, CTS-D
Principal
The Shalleck Collaborative, Inc.
(415) 814-1564
2 | Cover Letter
508
5 | City of Dublin
CITY COUNCIL / AUDIO VISUAL
City of Milpitas Council Chambers
City of Santa Rosa Council Chambers
Novato City Council Chambers
City of Turlock Council Chambers
City of Los Altos Council Chambers
City of Vallejo Council Chambers
City of Palo Alto Council Chambers
West Berkeley Unified Council Chambers
Watsonville City Council
Rohnert Park City Council
Brentwood City Council
CORPORATE/ NONPROFIT
Airbnb Corporate Headquarters, San Francisco, CA
Crocker Art Museum Auditorium, Sacramento, CA
Ionis Pharmaceuticals, Carlsbad, CA
Kanbar Forum at the Exploratorium, San Francisco, CA
Oakland Housing Authority Board Room
Network Appliance, Sunnyvale, CA
PG&E, San Francisco, CA
Rublic Policy Institute of California, San Francisco, CA Sufism Reoriented Walnut Creek, CA
Veterans Memorial Senior Center and YMCA Redwood
City, CA
Select Experience
3 | Qualifications & Experience
TEACHING & LEARNING SPACES
CSU Chico Digital Recording Studio, Recital Hall &
Rehearsal Spaces, Chico, CA
Cañada College Kinesiology and Wellness Center,
Redwood City, CA
Oregon State University Learning Innovation Center
(LINC) Corvallis, OR
Sacred Heart Schools Homer Science and Student Life
Center, Atherton, CA
Texas A&M University 21st Century Classroom Building,
College Station, TX
University of California, Davis, Cruess Hall
University of Oregon Straub Hall, Eugene, OR
Airbnb Headquarters
San Francisco, CA
509
6 | City of Dublin
PRIME
Ian Hunter, CTS-D, Principal-In-Charge & Project Manager Ian is a Principal with The Shalleck Collaborative, and leads our AV services. Coming from a family legacy in the AV business, Ian has been involved with various forms of theatre and live production for more than 20 years, including extensive work in live events and with professional AV rental/production companies. Ian’s education includes a BA in Theatre Production from Brigham Young University, and an MFA in Sound System Design from Purdue University. [email protected]
Scott Krenzke, CTS, Assistant Project Manager
Scott joined The Shalleck Collaborative in 2007 after graduating from Purdue University with a Bachelor of Science in Engineering degree, specializing in acoustics. Theatre Design & Technology was his minor course of study at Purdue, providing a strong technical background in all aspects of the theatre. While working towards his degree at Purdue, he spent his summers employed with a professional AV production company where he engineered and worked live events ranging from corporate gatherings to large tour productions. [email protected]
Existing committed hours: We have the staff capacity to handle this project without any issue. Our office provides design services for approximately 40-50 AV projects at any given time. Our staff time commitment is roughly 75-85%.
Ability to complete the project in time and on budget: In our nearly 20 years of business, and through the completion of hundreds of projects, we have a proven track record of on-time and on-budget delivery. Because we provide installed-cost budgets for systems in our scope(rather than relying on a 3rd party cost estimator), we have a constantly updated cost knowledge base, which is very important especially given our current supply chain and inflation situation.
No project has been delayed because of our doing. We pride ourselves on delivering well-designed projects on-time and on-budget.
ARCHITECT
Stephanie de Raynal, AIA, Principal
Co+Ed Architecture
(408) 761-3851
[email protected]
License #: C30087
ELECTRICAL ENGINEER
Pieter Colenbrander, PE
O’Mahony & Myer
(415) 492-0420
[email protected]
License #: E14738
Key Staff
4 | Key Staff
510
7 | City of Dublin
EDUCATION
• BA in Theatre Production, Brigham Young
University
• M.F.A. in Sound System Design, Purdue
University
CERTIFICATION
• Certified Technology Specialist/Design
(CTS-D), as administered by the Audiovisual
and Integrated Experience Association
• Crestron DMC-D and DMC-S Certified
MEMBERSHIP
United States Institute for Theatre
Technology
Ian Hunter, CTS-D
Coming from a family legacy in the broadcast business, Ian has been involved with various forms of production for over 20 years. Since joining The Shalleck Collaborative in June 2005, Ian has designed AV systems and provided general project management of over a hundred facilities. He is dedicated to working with clients and contractors to provide AV systems that meet a client’s needs and, most importantly, sound great. Ian’s education includes a BA in Theatre Production from Brigham Young University, and an MFA in Sound System Design from Purdue University. Ian’s master’s thesis was written on show control for live entertainment, culminating in creation of a hands-on show control curriculum still in use today.
Ian’s work in the live production sector is extensive and includes both live and recorded entertainment work. He has provided large-scale event production for many national touring live music acts, and has designed and mixed over 100 theatrical productions, in venues ranging from 50-seat cabarets to 2,000- seat outdoor amphitheatres. He worked as the resident sound designer for the Lorraine Hansberry Theatre in San Francisco from 2003 – 2009. Ian continues to work in live theatre, providing sound design and engineering for live music and theatre productions around the Bay Area. This is an important factor in keeping abreast of the continually changing face of live production.
SELECTED RELEVANT EXPERIENCE
City of Los Altos Council Chambers
City of Milpitas Council Chambers
City of Palo Alto Council Chambers
City of Santa Rosa Council
Chambers
City of Turlock Council Chambers
City of Vallejo Council Chambers
Brentwood City Council
Novato City Council
Rohnert Park City Council
Watsonville City Council
West Berkeley Unified Council
Chambers
Ionis Pharmaceuticals
Carlsbad, CA
Airbnb, San Francisco, CA
All-hands space with broadcast
and streaming capabilities
Crocker Art Museum Teel Family
Auditorium, Sacramento, CA
Network Appliance, Sunnyvale, CA
Corporate Meeting/ Broadcast
Facility
Oakland Housing Authority Board
Room, Oakland, CA
PG&E, San Francisco, CA
500-seat auditorium a with
broadcast capability
Public Policy Institute of California
San Francisco, CA
The Kanbar Forum, Exploratorium
San Francisco, CA
Chico State University, Arts &
Humanities Building, Chico, CA
Sacred Heart Schools Homer
Science & Student Life Center
Atherton, CA
University of California, Davis,
Cruess Hall
University of Oregon Straub Hall
Eugene, OR
Principal Consultant & AV Specialist
and Extron Certified
511
8 | City of Dublin
EDUCATION
• BS Engineering, Purdue University
CERTIFICATION
• Certified Technology Specialist/Design
(CTS-D), as administered by the Audiovisual
and Integrated Experience Association
• Crestron DMC-D and DMC-S Certified
Scott Krenzke, CTS
Scott joined the Shalleck Collaborative in 2007 after graduating from Purdue University with a Bachelor of Science in Engineering degree specializing in acoustics. Theatre Design & Technology was his minor course of study at Purdue, providing a strong technical background in all aspects of the theatre.
While working towards his degree at Purdue, he spent his summers employed with a professional AV production company where he engineered and worked live events ranging from corporate gatherings to large tour productions.
SELECTED RELEVANT EXPERIENCE
Cañada College Kinesiology
& Wellness Center, San Mateo, CA
85,000 SF Center for wellness
including gyms, pool and
supporting facilities
Cal Maritime Recreation & Aquatic
Center, Vallejo, CA
Redwood High School
Larkspur, CA
Gymnasium/ multi-purpose room,
digital arts classroom and culinary
lab
Fremont High School, Oakland, CA
Academic buildings, gym and
wellness center
Bishop O’Dowd High School
Oakland, CA
Music, drama, lecture hall, gym and
athletic facilities
Making Waves Academy
Richmond, CA
Theatre, black box theatre,
gymnasium, and dining commons
American Canyon High School
Performing Arts Center &
Gymnasium , American Canyon, CA
Antioch High School New Stadium
Antioch, CA
San Mateo High School Stadium
San Mateo, CA
Healdsburg High School Gym
Healdsburg, CA
Los Altos High School Gym
Los Altos, CA
Hillview Middle School Gym
Menlo Park, CA
Ross Elementary School Gym
Ross, CA
San Francisco School Gym
San Francisco, CA
Town School for Boys, Dolby Family
Center for the Performing Arts
San Francisco, CA
Gymnasium to be used as
performing arts facility
The Primary School Gym
East Palo Alto, CA
Senior Consultant and AV Project Manager
and Extron Certified
512
Ionis Pharmaceuticals
CARLSBAD, CA
The new Ionis Phamaceuticals project in Carlsbad
included a wide range of meeting and conferencing
spaces, including over 20 Zoom/ Teams equipped
conference rooms, several large multi-purpose meeting
and instructional spaces, and a complete broadcast/
streaming system.
Completion: 2021
Architect: DGA Architecture
Scope: AV Design Consultant
Reference: Ayisha Oatman
Project Architect
DGA Architecture
619-685-3990 x408
[email protected]
5 | Project References
513
Cañada College
Kinesiology and Wellness
Center
REDWOOD CITY, CA
This project included a wide range of meeting, instruction and fitness facilities for students and community use
in Redwood City, CA. Our work included classroom AV
systems, gymnasium/fitness area & pool AV systems,
conferencing systems, digital signage, and building-wide paging and background music systems.
Completion: 2021
Architect: ELS Architecture + Urban Design
Scope: AV Design Consultant
Reference: Susan Vutz AIA, LEED AP, Assoc. DBIA
Associate Principal
ELS Architecture
510.549.2929 x 423
[email protected]
5 | Project References
514
Vallejo City Council
VALLEJO, CA
This project included a design and contractor oversight for upgrades to the in-room AV and discussion systems,
including a motorized projection screen, electronic name plates, ceiling loudspeakers, and large flat panel displays distributed through the room.
Completion: 2019
Scope: AV Design Consultant
Reference: Naveed Ashraf
Chief Innovation Officer
City of Vallejo
707-648-4468
[email protected]
5 | Project References
515
12 | City of Dublin
POSITION TITLE RATE FOR YEAR ONE
The Shalleck Collaborative
Founding Principal $275
Principal $195
Project Manager $170
Draftsperson $150
co+ed Architecture
Principal $175
Senior Project Manager $140
Project Manager $125
Drafter $95
Administrative $70
O'Mahony & Myer Engineering
Founding Principal $250
Principal $225
Project Electrical Engineer $155
Project Lighting Designer $155
Electrical/Lighting Designer $135
CAD Supervisor $115
CAD Technician $105
Administrative $100
Rate Schedule
6 | Rate Schedule
516
13 | City of Dublin
The Shalleck Collaborative has reviewed the City’s Standard Consulting Agreement and insurance requirements. We take the following exception to the consulting agreement:
Section 8.6.4: In the event of breach of contract by consultant, we do not agree to be held liable for work/cost needed to complete the project. Normally, we would be released from liability if another consultant were retained to finish the work, noting that we are not responsible for changes made after termination.
As written, it appears we would owe the City all fees to complete the project, which we cannot agree to. We’re happy to discuss alternate language to satisfy both parties in the event of breach.
We take no exception to the insurance requirements.
City’s Standard Agreement
& Insurance Requirements
7 | Standard Agreement & Insurance Requirements
517
Attachment C
CONFLICT OF INTEREST STATEMENT
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.
Consultant 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 Consultant’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest.
For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. ______________________________
SIGNATORY NAME, TITLE
FIRM
Ian Hunter, Principal
The Shalleck Collaborative We have no conflicts of interest, as outlined above. 518
Attachment C
CONFLICT OF INTEREST STATEMENT
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.
Consultant 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 Consultant’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest.
For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. ______________________________
SIGNATORY NAME, TITLE
FIRM
Stephanie Chaudru de Raynal, Principal
Co+Ed Architecture
519
Attachment C
CONFLICT OF INTEREST STATEMENT
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.
Consultant 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 Consultant’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest.
For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. ______________________________
SIGNATORY NAME, TITLE
FIRM
Principal O'Mahony & Myer, Inc.
520
Attachment D
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.
X
X
521
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 Non-collusion 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)
2/18/2022 Ian Hunter, Principal The Shalleck Collaborative 1553 MLK Jr. Way, Berkeley, CA 94709 522
Attachment D
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.
X
X
523
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 Non-collusion 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)
Stephanie Chaudru de Raynal, Principal Co+Ed Architecture 1205 Happy Valley Avenue, San Jose, CA 95129 2/17/22 524
Attachment D
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.
X
X
525
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 Non-collusion 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)
2/17/22 Pieter Colenbrander, Principal O'Mahony & Myer, Inc. 4340 Redwood Hwy., Suite 245,
San Rafael, CA 94903
526
1553 Martin Luther King Jr. Way shalleck.com
Berkeley, CA 94709 415.956.4100
527
528
Page | 1 www.eidim.com [email protected] 562.777.1009 @eidimgroup ➢ Legal Name of the Firm
• EIDIM Group, Inc. dba EIDIM AV Technology
➢ Project Manager
• Name: Andrew Bang, President/CEO
• Phone Number: 562-777-1009
• Email Address: [email protected]
529
Page | 2 www.eidim.com [email protected] 562.777.1009 @eidimgroup To the Contracting Officer,
EIDIM Group, Inc. (“EIDIM”) acknowledges the opportunity to respond to CITY OF DUBLIN request for proposal for Audio Visual (AV) Technology Engineering and Design Services.
EIDIM has a great deal of experience in providing solutions to a wide range of AudioVisual consultation and design: federal, state and local government, education, houses of worship and private/commercial entities. We provide customized services responding to the needs and requirements of the customer.
EIDIM offers expert advice and consultations for proper audiovisual systems and acoustics. To fully understand customer’s expectation, consultants discuss the audiovisual needs and objectives, investigate the building’s structure, and thorough research of the latest technologies and products. EIDIM offers the following services: Planning-project Analysis, Conceptual Development, Noise and Vibration Control, Sound Isolation, Architectural Acoustics, and Predesign consultations.
EIDIM is a corporation that continually strives to maintain a strong and independent identity for the company. We keep an active and enthusiastic style of management offering a friendly, fast, efficient, and flexible services that places EIDIM in a class of its own. Our goal is to creatively introduce new concepts and ideas without compromising the specific preferences of our client; attentiveness to the client’s needs is essential to a successful collaboration. We are undeniably dedicated to serving our customers with the latest state-of-the-art equipment with efficiency, effectiveness, and punctuality.
This proposal contains all the information requested by the CITY OF DUBLIN, which will serve as an assistance for the client to make an informed award decision. This proposal serves as our acknowledgment that we read and understand the project requirement. The proposal is valid for 90 days from the bid due date. However, should you desire further details or clarification, please contact Carla Sodsod at [email protected] or via phone 562-821-8524 & Fax 562-777- 9120 any time and we will be pleased to address any issues you might have. We look forward to hearing from you and gladly answer any questions that you may have.
Sincerely,
Andrew W. Bang,
President/CEO
562-777-1009
530
Page | 3 www.eidim.com [email protected] 562.777.1009 @eidimgroup Table of Contents
...........................................................................................................................................1 ......................................................................................................................................2 ........................................................................................................4 ...........................................................................................................................7 .........................................................................................................................................9 ................................................................................................................................. 12 ...................................... 13
............................................................................................................. 14 531
Page | 4 www.eidim.com [email protected] 562.777.1009 @eidimgroup For over 20 years, one of our missions is to provide solutions in all areas of Audio-visual Consultation and Design as well as complete customer satisfaction through our other types of services. It is our goal to prepare and provide design and consultation services necessary to furnish adequate supervision, labor, materials, supplies and equipment necessary to perform all the services required in an orderly, timely and efficient manner. We provide sufficient drawings, specifications or notes, and calculations to prepare for the next phase of a project.
The company initially started as a consulting group for lighting, sound, and multimedia, serving at the local community churches. In 2001, EIDIM was incorporated and continued to progress every year and had begun undertaking projects in Local, State & Federal Government, Corporate, and educational institutions. Our employees are skilled, well-trained and Certified Technology Specialists who are keen in perfection and offering the best of services. They make it a point to abide by the public and government codes. Mr. Andrew Bang, the founder of EIDIM, who is also the President and Chief Executive Officer of the company has been in consulting and designing practice for 28 years. His expertise in this field has been remarkable which provides the best support to our team and our company. He is the responsible managing manager of our company professional licenses and certification to perform construction and AV projects. Mr. Bang holds a Certified Technology Specialist - Design (CTS D) certification since 2011.
Additionally, EIDIM worked on projects of a similar nature such as GSA, SSA, Oakland – AV Consulting Services wherein we upgrade the current Social Security Administration’s A/V system. To prepare and provide design consultation services necessary to furnish adequate supervision, labor, materials, supplies and equipment necessary to perform all the services required under this contract. The services we provided are: Plans, Specifications Conceptual Design, Equipment List and Project Estimated Costs. We also worked with the EPA- Region 7, KS – Consultation and Design wherein we performed AV system assessment and design services including the preparation of Performance work statement for EPA Laboratory of Region 7. And lastly, the San Diego Regional Planning Agency (SANDAG) – AV Design & Consultation project wherein we performed AV Design and consulting services for the Boardroom and two conference rooms. We carefully executed the projects to meet and exceed the specifications that our customer required. It is always our goal to satisfy the needs and wants of our customers. 532
Page | 5 www.eidim.com [email protected] 562.777.1009 @eidimgroup a. Company Location and Contact Numbers:
EIDIM Group, Inc. EIDIM Group, Inc.
6905 Oslo Cir. #J 649 Dromana Ct.
Buena Park, CA 90621 San Ramon, CA 94582
Tel: 562 - 777 – 1009 Tel: 925-452-6272
Toll-Free Number: 877.C77-EIDIM (34346) Fax: 562 - 777 – 9120 Fax: 562 - 777 – 9120
b. Emails & Phone Extensions:
General questions: [email protected]; 562-777-1009
Sales Related Transactions: [email protected]; 562-777-1009 Ext 101 Service Requests: [email protected]; 562-777-1009 Ext 102 Accounting Related transactions: [email protected]; 562-777-1009 Ext 106 c. Company Designations:
FEIN: 95-4837991 GSA Schedule: GS-03F-105AA
DUNS: 00-661-7604 CMAS #: 3-14-58-0247A
Cage Code: 33EM0 HUBZone Certified
NAICS Codes: SIC Codes:
334112, 334220, 334290, 334310, 334515, 3651, 1731, 3681 423410, 423430, 423610, 423620, 423690,
512131, 512290, 541330, 541990, 561492,
561621, 711130, 811211, 811213
d. Point of Contact:
Carla Sodsod; [email protected]; Ext. 101
FEIN- 95-48379991; CA Contractor License - 824410; DIR-1000010711 533
Page | 6 www.eidim.com [email protected] 562.777.1009 @eidimgroup Certifications
534
Page | 7 www.eidim.com [email protected] 562.777.1009 @eidimgroup • Andrew Bang, Senior Consultant/Overall Project Manager Qualification: Broad experience in the design, integration, and management of large-scale professional AV systems. Experience comes from a diverse market of customers: Education, Federal & State/Public Government, Corporate Enterprise, Hospitality, and House of Worship AV systems. Andrew is the maintaining holder of EIDIM General B License with C7, C10, and C33. He’s also a Certified Technology Specialist – Design (CTS-D) holder and plenty of manufacturer certification such as Crestron, Extron, Polycom, Shure, Yamaha, Planar, etc.
Professional Experience: Andrew has been serving the AV Industry for 28 years. His has expertise in design and consultation, procurement and development of AV system solution; And overall management of AV projects.
Education:
Bachelor of Science, Music Industry, University of Southern California, 1999.
Associate Degree, Recording Sound Reinforcement Techniques Long Beach CC, 1994.
Business to Government Mastery Program B2G Institute, 2007 Andrew is the Audio-Visual solution consultant and senior designer and the Team’s over all decision maker and fully responsible for the project’s success.
• Allan Bang, Project Manager
Qualification: Proficient with Project Planner and time and cost management Instruction in time and cost management for construction project. Project time management including scheduling, progress report, EOT claim. Project cost management including earned value analysis and variation claim. All phases of construction from foundation to finishes and landscaping Professional Experience: Allan has been serving the AV Industry for 11 years. His has expertise in managing procurement and project teams; coordinating all aspects of technical installation crews; maintained top quality standards throughout installations.
He will be working with the client’s Project management, in and out of the project site to make sure that the schedule is met as well as every phase process. He will be reporting to Andrew Bang the PM of this project.
535
Page | 8 www.eidim.com [email protected] 562.777.1009 @eidimgroup • Timothy Pak, AV Engineer
Qualification: Timothy has worked on varieties of projects in many AV areas. He managed to work as Head Installer, AV Technician, Project Manager and Coordinator with his professional knowledge and experiences. He has certification in Crestron, Extron and Valid Forklift.
Professional Experience: Tim has been serving the AV Industry for 20 years. He is familiar with the most updated audio, lighting and video equipment to operate. Tim is skilled at CAD Draft and CAD Program.
He will be working with the client’s Project management, in and out of the project site to make sure that the schedule is met as well as every phase process. He will be reporting to Andrew Bang the PM of this project.
• Joseph Puti-An, AV Designer/Engineer
Qualification: He has experiences for Audio and Video Systems of diverse market like, federal, education, church, and private sectors. From consultation, designing, engineering, all project processes are managed with his professional knowledge and experiences. He is a Certified Technology Specialist (CTS), a Crestron DM Certified, Extron Certified, etc.
Professional Experience: Joseph has been serving the AV Industry for 16 years. He has expertise in Designing and engineering activities. Development of new design system, existing system drawing and design verification, CAD drawing preparation, system upgrading and replacement development.
Education:
Electronics and Communication Engineer, AMA Computer College, 2004 He will be the initiator to design the Audio-Visual upgrade solution and will be working closely with Andrew, Senior Designer and Consultant.
If awarded this contract, we will allocate all of the resources and personnel required to ensure project success: on-time and on-budget services. This contract will be managed in a wellorganized fashion, and EIDIM Group’s Senior Management members will be actively involved in the management of this contract on a daily basis.
536
Page | 9 www.eidim.com [email protected] 562.777.1009 @eidimgroup PROJECT NAME:
San Diego Regional Planning Agency (SANDAG)
PROJECT TITLE:
AV Design & Consultation
ADDRESS:
San Diego Association of Governments 401 B St #800, San Diego, CA 92101 CONTRACT NUMBER / DATE:
5005570 / 10- 25-2018
PERIOD OF PERFORMANCE:
October 25, 2018 - October 1, 2019
PROJECT AMOUNT:
$ 27,800
POINT OF CONTACT:
Arthur Tovar, 619-699-1978 [email protected]
ROLE OF THE FIRM:
PRIME CONTRACTOR
PROJECT DESCRIPTON:
EIDIM performed AV Design and consulting services for the Boardroom and two conference rooms.
537
Page | 10 www.eidim.com [email protected] 562.777.1009 @eidimgroup PROJECT NAME:
GSA SSA, Oakland
PROJECT TITLE:
AV Consulting Services
ADDRESS:
East Bay Field Office, 9PFB, 1301 Clay Street, Ste 280N, Oakland, CA 94612- 5217
CONTRACT NUMBER / DATE:
47PK1219Q0004 / 11/22/2019
PERIOD OF PERFORMANCE:
August 5, 2019 - November 31, 2019
PROJECT AMOUNT:
$20,500
POINT OF CONTACT:
Alayna Williams; 4155222748 [email protected]
ROLE OF THE FIRM:
PRIME CONTRACTOR
PROJECT DESCRIPTON:
To upgrade the current Social Security Administration’s A/V system. EIDIM provide recommendations for more efficient AV equipment for the SSA Bay Bridge Training Center. We also provided a design layout for where new equipment should be placed in order for SSA to conduct more efficient meetings. The services we provided are: Plans, Specifications Conceptual Design, Equipment List and Project Estimated Costs.
538
Page | 11 www.eidim.com [email protected] 562.777.1009 @eidimgroup PROJECT NAME:
EPA- Region 7
PROJECT TITLE:
Audio Visual Systems Assessment and Design Services
ADDRESS:
EPA, Region 7, 1120 Renner Blvd, Lenexa KS, 66219
CONTRACT NUMBER / DATE:
EP-G167-00292 / 06- 03-2016
PERIOD OF PERFORMANCE:
6/16/2016 – 12/31/2016
CONTRACT AMOUNT:
$ 17,490
ROLE OF THE FIRM:
PRIME CONTRACTOR
POINT OF CONTACT:
Michael Propst/913-551-7485/ [email protected]
PROJECT DESCRIPTON:
EIDIM performed AV system assessment and design services for the technical refresh of Audio/Video systems at region 7 STC. The assessment includes Audio and Video needs for 2 conference rooms. We also performed the preparation of Performance work statement for EPA Laboratory of Region 7. 539
Page | 12 www.eidim.com [email protected] 562.777.1009 @eidimgroup Please see Attachment B.
540
Page | 13 www.eidim.com [email protected] 562.777.1009 @eidimgroup EIDIM Group, Inc. confirms that we are able to meet the City’s Standard Consulting Agreement and Insurance Requirements. With regards the insurance Professional Liability Insurance, it will cost $250.80 for us to upgrade the Professional Liability Insurance to $2,000,000. 541
Page | 14 www.eidim.com [email protected] 562.777.1009 @eidimgroup Please see Attachment C.
542
Attachment B
RATE SCHEDULE
Please complete in the following format and be advised of the invoicing requirements, below:
POSITION TITLE RATE FOR YEAR ONE*
Be advised of the following Invoicing requirements which will supplement Rate Schedules for firms selected for contract:
• Please do not use position names as staff will change over time. • Please do not include rate ranges.
• Please do not include reimbursables as these should be included in rates. • All subconsultant rates shall be approved by City designee and shall not exceed 10% above cost. • All CPI increases shall be calculated by Consultant and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. • Invoices shall cover a period of time from the beginning of each month, through the end of the month. • Consultant shall invoice City no more than once monthly for work hours completed during the previous month.
• Invoices shall include the following level of detail: contract number; invoice period; detailed description of work completed; hours worked by employee; name of consultant’s staff and their respective rate; invoice total for period as well as subtotal and contract remaining balance. • City shall have the right to reject an invoice if it is not submitted correctly. • City shall have the right to withhold payment if City determines that the quantity or quality of work performed is unacceptable.
• Remit Invoice to: [email protected] and not to City project managers. • Be advised, the City has strict Year End deadlines. All invoices for each year, including work for June services, will be due mid-July. Exact dates will be communicated out by City staff. • Consultant shall adhere to the following requirements:
o Consultant shall attach to each invoice a breakdown of hours worked, both by project as well as hours completed by each employee per day.
543
o Consultants who assist with Construction Management services may be deemed a “consultant” under the Political Reform Act and may be required to complete and file a Form 700. http://www.fppc.ca.gov/Form700.html
o Consultants shall work no more than 2,000 hours in one fiscal year. A Letter of Notification is required for each staff member of a firm once employees reach 1,000 hours, 1,500 hours and 2,000 hours.
o Consultant shall bill in quarter hour increments.
544
Attachment C
CONFLICT OF INTEREST STATEMENT
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.
Consultant 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 Consultant’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest.
For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. ______________________________
SIGNATORY NAME, TITLE
FIRM
545
Attachment D
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. 546
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 Non-collusion 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)
547
February 18, 2022
City of Dublin -
Request For Qualifications
Audio Visual (AV) Technology Engineering
and Design Services
The FUTURE. Built Smarter.
548
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 2 Table of Contents
1. Cover Letter
2. Firm Qualificaitons
3. Key Personnel
4. References
5. Rate Schedule (Attachment B)
6. Insurance Requirements & Meeting Standards
7. Conflict of Interest (Attachment C)
549
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 1 February 18, 2022
Jordan Foss
Management Analyst II
Dublin City Hall
100 Civic Plaza
Dublin, CA 94568
[email protected]
(925) 833-6630
cc: [email protected]
[email protected]
Dear Mr. Foss:
IMEG is honored for the opportunity to submit this qualifications submittal to provide AV services for City of Dublin.
We understand the City of Dublin (City) is looking to partner with a Full-Service Engineering and Consulting firm to provide”on-call” Audio Visual (AV) technology professional services to refurbish and modernize multiple spaces within their facilities with Audio Visual (AV) technology that best supports the current use cases and to develop system standards suitable for conference room and other specialty spaces. As you will see in the information provided below, IMEG is a full service consulting firm that provides full MEP, IT, AV, Security and Acoustical services and can support any project type requested.
IMEG feels particularly qualified for this project based on our experience with similar projects for a wide range of municipal clients.
Through a collaborative project approach with the Owner and design team, we are confident in our ability to deliver an end result that will provide the Ownership group a rewarding facility that meets and exceeds their advanced technology and AV system’s goals, needs, and expectations.
It is our sincere intention that this qualifications package be responsive to the City’s needs, as we also strive to remain competitive within the marketplace. We look forward to your positive response and make ourselves available at your convenience to discuss any portion of this qualification or to answer any questions that may arise during your evaluation.
Respectfully,
Darrin Harres, RCDD
Senior Technology Engineer
901 Via Piemonte, Suite 400
Ontario, CA 91764
T: 630.753.8508
M: 630.995.5771
F: 714.490.5560
[email protected]
1. Cover Letter
Top 10 Engineering Firm in
the U.S.
Top 50 Greenest Firm in the
U.S.
101+ Years of History
in the making
60 Locations
1600 Employees
100% Employee-Owned
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IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 2
2. Firm Qualifications
551
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 2 About Us
2. Firm Qualifications
www.imegcorp.com
We are employeeowned and
results driven
with a passion
for transforming
environments
and communities
through highperformance
design and
infrastructure.
IMEG is a leading engineering design firm that delivers a rare combination — the broad expertise of a national leader with the personal relationships and deep collaboration of a local firm. But what really sets IMEG apart?
• Our market-sector team structure allows our engineers to specialize and become experts – providing data-driven solutions and innovation.
• We value a culture of learning and development – sharing our knowledge to help impact industry trends and solve complex design problems.
• Through organic and strategic acquired growth we have an extensive breadth of expertise and deep bench of client knowledge – helping transform environments and communities.
• We have been driving design innovation for decades delivering many “firsts” in sustainable design – helping clients become energy stewards and reduce impact. • We bring extensive national, regional, and local knowledge to every client relationship – with a commitment to deliver high quality, cost-effective outcomes through a collaborative and flexible project approach.
TECHNOLOGY SERVICES
Audio-Visual
Theatrical AV
Digital Signage
Distance Learning
Sound Reinforcement
Technology Utility Infrastructure
Structured Cabling Systems
Telephony Systems
Wired & Wireless Networking
Distributed Antenna Systems
Security Surveillance
Pedestrian & Vehicular Access
Control
Visitor Management
Infant Security & Patient
Wandering
RFID / RTLS
Caregiver Communications
Patient Education /
Entertainment
Clinical Workflow Management
Healthcare IT Systems
AT-A-GLANCE
• 600 clients
• 1,500 projects
• $19 billion in construction value
click here to read industry insights from imeg experts. 552
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 3
A/V SERVICES
• Executive Boardrooms
• Teaming Spaces, Conference Rooms
• Distance Learning & Video Conferencing
• Showcase A/V
• Video Walls
• Public Display & Interaction
• Digital Signage, Wayfinding and Kiosks
• Conference Centers, Arenas & Public Auditoriums
• Sound, Paging and Intercom
• Architectural and A/V Acoustical Modeling &
Consulting
• Instructional A/V
• Classrooms, Lecture Spaces & Auditoriums
• Student/Athlete and Coaching/Training
Environments
Audio / Visual
IMEG understands the importance of effective communication to meet the demands of today’s high-quality, instant-delivery audio-visual world. Our breadth and depth of relevant experience serves as a benchmark in assisting clients in determining the appropriate audio-video solution.
IMEG has no vendor alliances and is beholden to no one but our client. We are influenced by nothing more than exceeding the individual needs of our client. Our CTS team members have their pulse on today’s marketplace and create customized audio-visual solutions to meet leading or bleeding edge needs. We assist our clients in making informed and intentional choices.
Our designs are engineered and presented in such detail that the competitive bidding marketplace can be leveraged while ensuring the original design intent is achieved.
IT SERVICES
• Strategic Planning for Project Methodology &
Delivery
• Master Planning & Assessments
• Structured Cabling System & Outside Plant Design
• Telephone / Network Equipment Design &
Procurement Assistance
• Software Systems Selection and Procurement
Consulting
• Wireless Modeling and Design
• Distributed Antenna Systems
• Data Center Solutions, Including MEP Design
• Independent 3rd Party Testing & Commissioning
Information Technology
IMEG’s all-inclusive services provide a unique approach that addresses the challenges of converged technology systems with expertise in IT infrastructure. Blended with our engineering background, we offer licensed engineers to answer the power and HVAC challenges that technology presents. We provide strong consulting leadership with a clear vision to integrate technology into the A/E process.
Technology systems today have become the new “utility,” much like mechanical and electrical, and requires early strategic planning and proper budget development. Our certified and credentialed Technology Designers include Registered Communications Distribution Designers (RCDD), Certified Network Infrastructure Design Professionals (CNIDP), and Certified Technology Specialists (CTS, CTS-D) who are instrumental in the design and implementation of complex technology solutions. Our specialized team provides solutions that are attractive, intuitive, scalable and functional.
Firm Services
2. Firm Qualifications
SECURITY SERVICES
• Executive Protection Threat Assessments
• Guidance with DHS Chemical Facility AntiTerrorism Standards • Master Planning
• Facility Security Assessments & Gap Analysis Surveys
• System Architecture Planning & Consulting
• Network and Storage Capacity Design
• Access Control, Including Biometrics
• Video Surveillance Systems
• Parking Control Solutions
• Control Center / Security Office Design
• High Capacity Entrance Solutions
• Visitor Management
• Intrusion Detection
Security
Security systems have led other technology systems in converging to a common IT infrastructure by carrying video surveillance and security data.
Security has also migrated from being a hardware-based solution to a software focused technology. These realities require a new approach. IMEG has developed a proven methodology for the design, selection and procurement of security management systems in an IP software-based world.
Our services are customized to assist our client’s in reducing risk and increasing safety and security. Our wholistic expertise in all aspects of technology and engineering ensures comprehensive planning and design of complex, multi-system integrations at secured openings. 553
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 4
STRUCTURAL
• Conventional and Specialized
Foundation Solutions
• High Seismic and Hurricane
Expertise
• Critical Path Delivery Solutions
• Cost Optimization Strategies
• Long Span Expertise
• Single- and multi-span bridge
design
• Dam design and inspections
• Forensic Investigations
• Historic Structure
Rehabilitation
MECHANICAL
• HVAC
• Plumbing
• Fire Protection
• Central Plants
• Geothermal
• Chilled Beam
• Industrial Ventilation
• Lab Gases
• Energy Recovery
• Temperature Controls
• Building Automation Systems
ELECTRICAL
• PV/Energy Storage
• Arc Flash
• Fire Alarms
• Cogeneration
• Emergency Power
• Power Conditioning
• Primary & Secondary Power
Distribution
• UPS (Uninterruptible Power
Supply)
• Metering & Monitoring
ARCHITECTURAL LIGHTING
• Luminaire Selection & Design
• Custom Luminaire Design &
Mounting Details
• Historic Fixture Restoration
• Interior & Exterior Lighting
• Daylight Harvesting & Analysis
• Photometric Point-by-Point
Calculations
• 3D Models & Renderings
• Grant & Rebate Applications
• Smart Metering & Monitoring
ACOUSTICS
• Noise Control
• Speech Intelligibility
• Room Acoustics
• Computer Modeling
• Performance Sound SystemsMasking
CIVIL
• Site Plan Development
• Municipal Infrastructure
• Traffic and Transportation
• Bridges and Retaining Walls
• Sanitary Treatment and
Collection
• Water Distribution and
Treatment
• Storm Drainage & Flood
Mitigation
• Water Quality and Resources
• Land Acquisition/Relocation
Assistance
• Land Master Planning
• Regulatory Permitting
• Subsurface Utilities
• Erosion Control
SURVEY
• Easement and Right-Of-Way
• ALTA/NSPS Land Title
• Construction Layout
• Aerial Photo Control Surveys
• Topographic Surveys
• Hydraulic Surveys
• Volume/Quantity Surveys
• Drone-Digital Aerial
Photography
• As-Built Surveys
• Laser Scanning
• Flood Elevation Surveys
• Letter of Map Amendment
(LOMA) applications
• Global Positioning System
(GPS) control surveys
GIS
• Municipal Government GIS
• GIS Implementation
• Database Development and
Maintenance
• Asset Management
• GPS Data Collection & Update
• Spatial & Network Analysis
• Cartographic Map Production
• ESRI’s ArcGIS Suite and
Autodesk’s AutoCAD Suite
TESTING/ENVIRONMENTAL
• Geotechnical Drilling and
Engineering
• Concrete Coring
• Nuclear Density Testing
• Slope Stability Analysis
• Asphalt Extractions
• Sieve Analysis
• Concrete Air/Slump/
Compression Testing
TECHNOLOGY
• Audio-Visual
• Theatrical AV
• Digital Signage
• Distance Learning
• Sound Reinforcement
• Technology Utility
Infrastructure
• Structured Cabling Systems
• Telephony Systems
• Wired & Wireless Networking
• Distributed Antenna Systems
• RFID / RTLS
• Caregiver Communications
• Patient Education /
Entertainment
• Clinical Workflow Management
HEALTHCARE IT
• Strategic and Master Planning
• Pre-Design Current State
Assessment, Planning, and
Visioning
• Technology Program Design,
Alignment, and Standardization
• Design Phase Support – SD,
DD, CD, CA
• Technology Program
Ownership/Management
• Technology Discovery,
Selection, and/or Procurement
• New Technology and
Connected Care Pilot
• Medical Device Convergence
and Integration
• HIT Quality Assurance and
Commissioning
• Activation and Quality
Management
SECURITY
• Needs Assessments
• System Planning, Design &
Engineering
• Pedestrian & Vehicular Access
Control
• Visitor Management
• Infant Security & Patient
Wandering
• System Procurement
• System Implementation
• Standards Development
• Vulnerability Assessments
• Threat Assessments
• Active Shooter Training
• Guidance with DHS Chemical
Facility Anti-Terrorism
Standards (CFATS) Top Screens,
SVAs, and SSPs for Regulatory
Compliance
• Policy & Procedure
Development
PROCESS
• Scope Development
• Plant Code Reviews
• Process Flow Diagrams (PFD)
• Piping & Instrumentation
Diagram (P&ID)
• Appropriation Estimates
• Plant Layout & Piping
• Chemical / Material Handling
• Complex Processes
• Pharmaceuticals
• Chemical Laboratories
• High Hazard Materials
• Flammables / Combustibles
• Area Classifications
• Dust Collection Systems
• Dust Hazard Analysis (DHA)
• Automation & Controls
COMMISSIONING
• System Peer Review
• LEED Fundamental and
Enhanced
• Mission Critical
• Integrated Systems Testing
• Computerized Maintenance
Management Systems
Integration
• Well Building Standard
• Retro Commissioning
• Seed Process Commissioning
SUSTAINABILITY
• PV/Energy Storage
• Energy modeling
• Architectural massing and
envelope optimization
• Post occupancy energy
performance analysis
• Performance based design
• Daylighting analysis
• CFD
• LEED & WELL Certification
• Net Zero Design
• Green Globe Design
• Energy Star Certification
• Living Building Challenge
MEDICAL EQUIPMENT
PLANNING
• Emerging Technology Studies &
Planning
• Inventory Assessment
• Equipment Lists & Budget
• Architecturally Significant
Equipment Documentation
• 3D Placement Models
• Procurement & Bid Assistance
• Equipment Replacement /
Phasing
• Clinical Engineering
Investigations
• Receiving, Storage and
Installation Coordination
Services & Specialties
2. Firm Qualifications
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IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 5 Audio-Visual | California
Allan Hancock College, Santa Maria, CA
One Stop Student Services Center A/V System
Cedars Sinai Medical Center, Los Angeles, CA
Mark Goodson Building, 6th Floor, Orthopedic Lobby Audio System County of LA Department of Public Works, Public
Defender Office, Los Angeles, CA
Conference and Training Room Audio Video Systems as Part of Overall Remodel
Fresno City College, Fresno, CA
Classroom Audio Video for New Science Building
Inland Empire Health Plan, Rancho Cucamonga, CA
Atrium and Boardroom A/V Room Additions
Kaiser Permanente, Varios Locations, CA
Anaheim Medical Center, Replacement of OR Video System
Kaiser Permanente Bellflower Medical Center, Video Conference Kaiser Permanente Riverside, Video Conferencing/Dividers Riverside County IT Tech, Riverside, CA
PE Building Audio Visual System Design
UC Berkeley, Berkeley, CA
Minor Hall Addition, Optometry Pre-Clinic AV Rough-in Project USC, Los Angeles, CA
Video Wall and Monitor Support in the Rooms at the Ralph and Goldy Lewis Hall
Walnut Valley Unified School District, Diamond Bar, CA
Chaparral Middle School, Technology Engineering Services for Audio Recording Systems for the Existing Band, Choir/Guitar and Orchestra Rooms
2. Firm Qualifications
555
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 6 Audio-Visual
GOVERNMENT
Argonne National Laboratory, Argonne, IL
15,000-sf Material for Energy Module (MEM) Addition: $8M Building 201 Master Plan
Carnegie-Stout Public Library, Dubuque, IA
50,000-sf Library Historic Renovation, LEED Silver
City of Cedar Rapids, Cedar Rapids, IA
125,000-sf Event Center Expansion and 150,000-sf Renovation City of Des Moines, Des Moines, IA
50,000-sf New Fire Station, LEED Silver
City of Madison, Madison, WI
Municipal & City County Building Renovation
City of Rock Island, Rock Island, IL
Schwiebert Riverfront Park Development
City of Westfield, Westfield, IN
10.5-Acre Grand Junction Plaza & Park
Iowa Army National Guard, Johnston, IA
3,300-sf New Classroom / Multipurpose Building
New Mass Notification System
Iowa Army National Guard, Davenport, IA
7,327-sf Readiness Center Expansion and 13,708-sf Renovation - Phase II
Iowa Department of Admin. Services, Des Moines, IA
44,500-sf New Iowa Utilities Board and Office of Consumer Advocate; Including Photovoltaics, LEED Platinum
Illinois Department of Veterans Affairs, Chicago, IL
184,000-sf New 200-Bed VA Skilled Nursing Facility, Pursuing LEED Silver
LaCrosse County, La Crosse, WI
137,400-sf County Law Enforcement Center Expansion 12,700-sf Renovation
Polk County, Des Moines, IA
300,000-sf Veterans Memorial Community Choice Credit Union Events Center Renovation
St. Charles County, St. Charles, MO
8,000-sf Courthouse and 340-sf Juvenile Center Remodel
St. Louis VAMC - Jefferson Barracks, St. Louis, MO
Master Plan and Multi-phase Transformation - Demo 19 Buildings, Relocate Site Utilities, and New Energy Plant, Clinic, Rehab, Tenant and Maintenance Buildings
U.S. Army Corps of Engineers, West Alton, MO
3,500-sf Riverlands Migratory Bird Sanctuary Visitor Center Expansion
U.S. Department of Agriculture, Walker, MN
22,400-sf New Forestry Service Walker District Administrative Office
U.S. Department of Agriculture, Toledo, OH
40,000-sf New Hydroponics Lab Facility - Part of IDIQ
U.S. Department of Veterans Affairs, Joliet, IL
60,000-sf Joliet Community Based Outpatient Clinic Renovation U.S. Department of Veterans Affairs, St. Louis, MO
Central Region IDIQ with Oculus/Perkins & Will - 2012-2016 U.S. General Services Administration, Chicago, IL
11,854-sf FEMA Office Expansion - Part of IDIQ
U.S. General Services Administration, Des Moines, IA
390,000-sf Federal Office Building Energy Upgrades - Part of IDIQ IDIQ for Engineering Services for Iowa w/Substance Architecture - 2012-2017
2. Firm Qualifications
556
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 7 U.S. General Services Administration, Chicago, IL
133,000-sf Renovation of Three Federal Buildings, LEED Gold U.S. General Services Administration, St. Louis, MO
20,350-sf U.S. Coast Guard Centralized Desk Unit Renovation U.S. Navy, Akron, OH
50,000-sf New Reserve Center - Design/Build, LEED Silver VA Gulf Coast Veterans Health Care System, Biloxi, MS
Develop Level 1 RFP Documents for Design-Build Physical Medicine & Rehabilitative Services Facility - Part of VISN 15 IDIQ Contract
Village of Arlington Heights, Arlington Heights, IL
80,000-sf New Village Hall
Village of Montgomery, Montgomery, IL
20,000-sf New Village Hall
Wisconsin State Historical Society, Greenbush, WI
41,000-sf New Wade House Visitor Center and Wesley Jung Carriage Museum, Including Geothermal, LEED Certified
LIBRARIES
Bettendorf Public Library, Bettendorf, IA
Phase II Renovation
Carnegie-Stout Public Library, Dubuque, IA
50,000-sf Library Historic Renovation - LEED Silver
Davenport Public Library, Davenport, IA
26,000-sf New Branch Library
Des Moines Public Library, Des Moines, IA
36,800-sf Renovation of Three Branch Libraries: $3M
5,000-sf Expansion and 10,000-sf Renovation to East Side Branch Library
Garner Public Library, Garner, IA
6,000-sf Library Addition and 2,000-sf Renovation
Marshalltown Public Library, Marshalltown, IA
35,000-sf New Public Library w/Photovoltaics - LEED Gold Byron Public Library, Byron, IL
24,000-sf New Library with Geothermal - LEED Gold
DeKalb Public Library, DeKalb, IL
52,000-sf Public Library Expansion and 16,000-sf Renovation - Pursuing LEED Silver
Fountaindale Public Library, Bolingbrook, IL
114,850-sf New Library - LEED Gold
Fountaindale Public Library, Bolingbrook, IL
8,000-sf Media Center Basement Build-out
Glenwood-Lynwood Public Library, Glenwood, IL
18,900-sf New Public Library
LaGrange Public Library, La Grange, IL
38,000-sf New Public Library
Markham Public Library, Markham, IL
13,700-sf New Public Library:
Northbrook Public Library, Northbrook, IL
13,100-sf Library Renovation
Pritzker Military Library, Chicago, IL
35,000-sf Library Build-out, Including 120-seat Auditorium Somonauk Public Library, Somonauk, IL
14,500-sf New Public Library
Warren-Newport Public Library, Gurnee, IL
40,000-sf Library Renovation and 6,200-sf Addition
Wheaton Public Library, Wheaton, IL
50,000-sf Library Expansion and 60,655-sf Renovation
Wheaton Public Library, Wheaton, IL
New Telecommunications Systems
Kirkwood Public Library, Kirkwood, MO
21,000-sf Public Library Renovation & Addition
St. Charles Public Library, St Charles, IL
2013 MEP Upgrades
St. Louis County Library, St. Louis, MO
Daniel Boone Library 10,000-sf Expansion and 34,000-sf
Renovation
St. Louis County Library, St. Louis, MO
20,000-sf New Thornhill Public Library
St. Louis County Library, St. Louis, MO
15,000-sf Meramec Valley New Public Library
20,200-sf Grand Glaize Library Renovation and 5,000-sf Addition 17,500-sf Bridgeton Trails Library Renovation
Mukwonago Community Library, Mukwonago, WI
15,000-sf Library Expansion
2. Firm Qualifications
Audio-Visual
557
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 8
3. Key Personnel
558
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 8
TEAM (IMEG) ROLE TEAM MEMBER AVAILABILITY
Jeff Carpenter, PE, CNDIP, RCDD Principal-in-Charge ALL TEAM MEMBERS HAVE AVAILABLE
CAPACITY
Each team leader has analyzed its current and
projected workload. The commitment of assigned
staff for this project will not adversely impact
existing client commitments. Our assigned staff for
this project will be committed to the City of Dublin
through its successful completion.
Additionally, as a firm of 1,600+ employees, we have
the resources to augment staff when necessary to
accommodate any schedule need. Our capacity
and resources allow us to perform design work on
projects with a construction cost of $4 billion in one
year. We strongly commit ourselves to all segments
of the project to deliver the work on time with the
quality and attention needed.
Darrin Harres, RCDD, CNIDP Point-of-Contact
Brandon Miller, RCDD, RTPM Project Manager
Brian Anding, RCDD, CTS Technology Project Designer
Matt Grzovic, CTS-D Sr. Technology Designer
Jayson Stickrod, CTS Sr. Technology Designer
David Wright Acoustics & AV Technology
Systems Specialist
SUB-CONSULTANT (SVA ARCHITECTS) ROLE
Nathan Herrero, AIA, LEED AP BD+C Architect
Team
3. Key Personnel
Approach to Timely Completion
Our team’s responsiveness to our clients
and our compliance with project schedules
is paramount to us. We have extensive
experience working with institutions of
higher learning, and we understand the
sensitivity involved in maintaining quick
turnaround time and efficient scheduling.
We will develop a schedule for each project
with City of Dublin. This schedule shall
include milestone dates and deliverables.
In the event that our team identifies that
a schedule begins to slide, our project
management staff will inform the City
Staff of the issue, its cause and our action
to recover the schedule. This recovery
plan may include additional meetings,
mandatory design staff overtime, or
issuing multiple packages to ensure larger
construction milestones are met.
The first step in the process is to assure
at the start of awarded projects that the
available budget is in line with City’s
expectations. If they are not in balance
at the start of project, it often times leads
to painful scope and cost reductions later
and may require costly redesigns and time
delays to the project schedule.
We intend to work closely with the City,
contractors and sub-contractors to confirm
the overall project budget at the program
validation phase.
Once the budget is established and validated by all team members, we will guide the project team through cost/value analysis
for all systems, structures and sites at each
phase of design.
This eliminates getting too far down a path
and having to backtrack and revise design
decisions.
The validation occurs through a
benchmarking process for comparisons
to recently completed projects of similar
size and scope, upfront verification of
equipment costs with vendors, and through
analysis of available options.
Providing value analysis with multiple levels
of system options in a “good, better, best”
approach provides varying levels of cost
structures, benefits, flexibility, redundancy
levels, and energy efficiency.
Realization of cost saving entails multiple
items including but not limited to:
• Thorough knowledge and understanding
of applicable building codes
• Strong analytical skills
• Dedicated and highly proficient team of
engineers
• Review of the problem at hand from
various different perspectives
• Prior experience with similar projects
Considering client’s money as our own,
out-of-the-box thinking, and incessant
and burning desire to strive for the best
possible solution for the client.
IMEG’s preferred budget tool is Target
Value Design (TVD). The TVD process it is
not a single entities responsibility to ensure
budget adherence. TVD is a collaborative
process where the owner, design, and
construction team all share responsibility
in managing the budget. Targets are
established for all relevant components
and then they are adjusted up or down
collaboratively by cross-disciplinary teams
as the design evolves.
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3. Key Personnel
Jeff, a Senior Principal with the firm, has spent his entire career with IMEG, where he leads some of the firm’s largest, most complex projects. His expertise includes Fortune 500 corporate office complexes, mission critical data centers, greenfield hospitals, medical facilities, and higher education and government institutions.
As a client executive, Jeff is responsible for client relations, staff development, project delivery and deliverables, and project cost and quality control. Jeff is a detailed thought leader who brings the latest technology advancements to assist in guiding the team through analysis, conceptual design, design and construction phases. Jeff is a licensed Professional Engineer and Registered Communications Distribution Designer. He brings 28 years of electrical engineering and technology design experience. Jeff is a frequent industry speaker with an expertise in converged technology in the built industry.
Project Highlights
• City of Manhattan Beach Public Works Department, Manhattan Beach, CA, 10,500-sf Manhattan Beach Fire Station No. 2
• Southwest Justice Center Juvenile Court, Murrieta, CA, 14,381-sf New Juvenile Courthouse Building, Southwest Justice Center
• Athene USA, Des Moines, IA, 373,000-sf New Corporate Headquarters with Data Center, Including 1300-ton, Chiller & 1500 kW Emergency Power, LEED Gold • Byron Public Library, Byron, IL, 27,000-sf New Library with Geothermal, LEED Gold
• City of Johnston, Johnston, IA, 42,000-sf New Police Station, Security Management System
• Elmhurst Public Library, Elmhurst, IL, 90,000-sf Library Technology Upgrade • McCormick Place, Chicago, IL, 1,200-Key New Headquarters and Convention Center Hotel
• National Park Service, St. Louis, MO, Museum of Westward Expansion at the St.
Louis Arch
• Polk County, Des Moines, IA, 300,000-sf Veterans Memorial Community Choice Credit Union Events Center Renovation
• Quad City International Airport, Moline, IL, Phase 1: Security System Upgrade, Phase 2: Security Improvements, Infrastructure Security Assessment • Tyson Event Center, Sioux City, IA, 10,000-Seat New Civic Center with Ice Hockey Experience
28 Total, 28 with IMEG
Education
Iowa State University, BS Electrical
Engineering
Registration
Professional Engineer
Iowa (P14628)
Accreditations
Registered Communications Distribution
Designer (#130369)
Certified Network Infrastructure Design
Professional
Affiliations
HIMSS
BICSI
AVIXA (Formerly InfoComm)
Presentations & Publications
Midwest Healthcare Engineering
Conference
NFMT
Accelerate Live! AEC Innovation
Conference
AIA Iowa Annual Meeting
Environments for Aging Annual Conference
Midwest Healthcare Engineering Conference
BICSI ICT Today
Midwest Healthcare Engineering -
Indianapolis
AIA Iowa Annual Meeting
AIA Indiana/Kentucky
Healthcare Design Conference - San Diego
Healthcare Facilities Symposium
Jeff Carpenter, PE, CNIDP, RCDD
Project Executive/Principal-in-Charge
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3. Key Personnel
Darrin serves as the lead technology designer for educational projects, overseeing project development, design aspects, and staff training and has experience in the technology field providing construction and design services. He is a Registered Communications Distribution Designer experienced in the design of structured cabling systems supporting voice, data, wireless, and audio/visual systems. Darrin’s experience also includes the design and installation of fully automated and touchscreen-controlled environments, CATV building infrastructures and media distribution systems, and performance studio systems. He is experienced in the design of security management systems including intrusion detection, access control, and closed-circuit television (CCTV).
Project Highlights
• Boehringer Ingelheim Fremont, Inc., Fremont, CA, 28,000-sf Tenant Improvement of Building 4, and Technical Design of B4 Office Project • City of Manhattan Beach Public Works Department, CA, 10,500-sf New Fire Station No. 2
• County of San Bernardino, Colton, CA, Low Voltage Building Technology Systems Assessment, Arrowhead Regional Medical Center
• County of San Diego, San Diego, CA, 315,000-sf County Administration Center Renovation (Historical Building)
• County of San Diego, San Diego, CA, 4,000-sf Boardroom Chambers Renovation • County of San Diego, Santa Ysabel, CA, 6,000-sf New Santa Ysabel Nature Center • Inland Empire Health Plan, Rancho Cucamonga, CA, 117,820-sf Three-Story Office Renovation
• LA County Department of Public Works, Los Angeles, California, Public Defenders Office Tenant Improvements Including Demolition of Existing Space • San Diego County Psychiatric Hospital, San Diego, CA, 59,000-sf Renovation Experience
31 Total, 18 with IMEG
Education
DeVry Institute of Technology, BS-EET
Electronic Engineering Technology
Accreditations
Registered Communications Distribution
Designer 1997 (RCDD #113805)
Certified Network Infrastructure Design
Professional (CNIDP #KD93369)
Affiliations
BICSI
Darrin Harres, RCDD, CNIDP
Senior Technology Design Engineer ii
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3. Key Personnel
Experience
27 Total, 2 with IMEG
Education
Central Michigan University, BS, Public
Administration
Registrations
RCDD
RTPM
Affiliations
BICSI
Brandon is IMEG’s Senior Technology Designer, a Registered Communications Distribution Designer, and Telecommunications Manager with over 26 years in the Low Voltage Industry. He specializes in the design integration of multiple complex systems focusing on interoperability, constructability, and current requirements.
Brandon is cognoscente of the costs associated with his projects; he takes pride in managing design solutions while keeping in mind a project’s budget.
Project Highlights
• Agua Caliente Cultural Center, Palm Springs, CA, 44,000-sf New Tribal Cultural Museum, 32,000-sf New Full Service Spa, New Outdoor Experiential Trail, Multiple Pools, and Entertainment Venue
• Area 15, Las Vegas, NV, Site-wide Infrastructure, Multiple Venues, including Meow Wolf, Omega Mart, and LIFTOFF
• Caesar’s Casino Pompano Park, Pompano Beach, FL, 21,000-sf Casino Addition, 10,000-sf Exterior Gaming Terrace Remodel, 5,000-sf New Center Bar • Caesars Harrah’s New Orleans, New Orleans, LA, Casino & F&B Expansion • Casino Hotel, Lake Charles, LA, New Casino and Hotel Renovation • City of Las Vegas Municipal Courthouse, Las Vegas, NV, New 120,000-sf, 4-story Courthouse Building
• MGM CityCenter, Las Vegas, NV*
• Muckleshoot Casino, Auburn, WA, 60,000-sf New Casino, 400 Room, 19-Story New Hotel Tower, 360,000-sf Renovation of Existing Space, New 326,00-sf, 7-Story Parking Garage
• Rancharrah Event Center, Reno, NV, Provide Audio/Video engineering services for a New 11,500-sf Event Center
• Regional Transportation Commission, Las Vegas, NV, New 15,000-sf Mobility Training Center*
• Resort World Las Vegas, Las Vegas, NV, 220,000-sf, 6,500 Seat New Theater, 1,435,500-sf New East Tower, 3,700 Rooms
• SLS Las Vegas, Las Vegas, NV*
• The Summit, Las Vegas, NV, New Mixed-Use Development including Clubhouse, Residential Suites, and Event Spaces
Brandon Miller, RCDD, RTPM
Senior Technology Designer
* Indicates experience prior to joining IMEG
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3. Key Personnel
Experience
16 Total, 1 with IMEG
Education
Metropolitan Community College, AASD,
Architectural Drafting & Design Technology
Registrations
Registered Communications Distribution
Designer
Certified Technology Specialist
Affiliations
BICSI
AVIXA (Formerly InfoComm)
Brian is IMEG’s Technology Project Designer, a Registered Communications Designer, and Certified Technology Specialist with over 15 years in the Low Voltage Industry. He specializes in the design integration of multiple complex audio and visual platforms focusing on system integration, constructibility and current industry standards. Brian coordinates closely with all engineering disciplines to ensure his design is aligned with client’s expectations and is implemented in the field.
Project Highlights
Leigh Junior and Senior High Schools, Leigh, NE*
•New Construction, Additions, and Renovations
• Classroom and Common area Intercom Systems
•Gymnasium Audio and Visual Systems
• Conference Room Audio and Visual Systems
Metropolitan Community College, Elkhorn, NE*
•New Campuses, Renovations, and Additions
• Classroom and Common area AV and Intercom Systems
• Conference Room, Office, and Multi-Purpose Room AV Systems Papillion Landing, Papillion, NE*
•New Campus consisting of a Community Center and Field House • Classroom and Common area AV and Intercom Systems
• Conference Room Audio and Visual Systems
• Field House Audio and Visual Systems
• Dial Properties New Facilities, Multiple Locations*, Multi-Purpose, Large/Small Conference Rooms, and Intercom Systems
• Omaha Public Schools, Omaha, NE*
• District 66 (Westside) Public Schools, Omaha, NE*
• Millard Public Schools, Millard, NE*
• Kearney Public Schools, Kearney, NE*
• University of Kearney, Kearney, NeE*
• Southeast Community College, Lincoln, NE*
• Northeast Community College, Norfolk, NE*
Brian Anding RCDD, CTS
Technology Project Designer
* Indicates experience prior to joining IMEG
563
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services NOT INCLUDED IN PAGE LIMITATION Matt is a designer in technology, security, and system integration. He is experienced in design of telecommunications, wireless, CATV building infrastructures, data centers, security systems, and performance audio/video systems. He has designed technology systems for healthcare, educational, office, broadcast, and government projects. Matt has extensive knowledge of broadcast video systems and large venue production. Matt played an active role in the Nextel 2GHz BAS relocation project, conducting inventories and designing microwave system nycoils for the mobile units of television stations throughout the Midwestern and Southern states.
Project Highlights
• City of Brentwood, Brentwood, MO, 40,000-sf Brentwood Community Center Renovation, Including Ice Rink
• City of Clayton, Clayton, MO, 78,000-sf Conversion to Police Headquarters Including Data Center, LEED Platinum
• City of Collinsville, Collinsville, IL, 7,800-sf Collinsville Gateway Center Conference Rooms Renovations
• City of Kokomo, Kokomo, IN, 15,000-sf New Baseball Stadium, Including Pressbox, Concession Stands, Restrooms, and Player Locker Rooms • City of University City, University City, MO, 48,000-sf Annex, Connector, and Trinity Buildings Renovation
• Columbia County, Portage, WI, 99,450-sf New HHS Building & County Administration Building, and 61,000-SF Courthouse Renovation • Madison County Transit, Granite City, IL, 25,000-sf New Administration Building • Pacers Sports & Entertainment, Indianapolis, IN, 130,000-sf New Basketball Practice Facility
• St. Charles County, St. Charles, MO, 8,000-sf Courthouse and 340-sf Juvenile Center Remodel
• St. Louis County Parks & Recreation, St. Louis, MO, 7,400-sf Laumeier Sculpture Park Gallery Addition and 5,500-sf Estate House Renovation • Westwood Country Club, Westwood, MO, 1,000-sf Single Story Casual Lounge Addition
St. Louis County Library District, St. Louis, MO
• 15,000-sf New Eureka Hills Branch Library
• 17,500-sf Bridgeton Trails Library Renovation
• Daniel Boone Library 10,000-sf Expansion and 34,000-sf Renovation • 38,200-sf New Florissant Valley Library Renovation
• 15,000-sf New Meramec Valley Public Library
• 20,000-sf New Thornhill Public Library
• 72,000-sf New Administration Library
• 80,000-sf New Library Headquarters and Genealogy Center Experience
26 Total, 11 with IMEG
Education
Lindenwood University, BA Mass
Communication
Accreditations
Certified Technology Specialist - Design
Certified Technology Specialist
Crestron DMC-D 4K
Crestron DMC-D
AMX Ace Installation
Affiliations
AVIXA (Formerly InfoComm)
Society of Motion Picture and Television
Engineers
Matt Grzovic, CTS-D
Lead Technology Designer
Team
3. Key Personnel
564
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services NOT INCLUDED IN PAGE LIMITATION Before pursuing an education in technology engineering and joining IMEG, Jason’s career began in 2000 working for an electrical contracting company. He joined IMEG in 2008, focusing on the design and development of system drawings, Division 27 and 28 specifications, client standards and architectural programming of low voltage systems such as IT, Networking, Audio/Video and Physical Security in the K-12 and higher education, health care, government, and commercial facilities. He has an understanding of industry level codes, best practices and standards including the NEC, NFPA, AVIXA, and ANSI/TIA.
Project Highlights
• 650 Main, Salt Lake City, UT, Office Building
• Beecher Walker Architecture, Salt Lake City, UT, Interior Build-Out Covering 89,600-sf on 3 levels of 10-story Class A Office Building in Salt Lake City, UT • Boehringer Ingelheim Fremont, Inc., Fremont, CA, 28,000-sf Tenant Improvement of Building 4, and Technical Design of B4 Office Project • Eastern Iowa Airport, Cedar Rapids, IA, EIA/Video Surveillance Upgrades/CA • Kraft Foods, Deerfield, IL, 105,000-sf Office Renovation • Marathon Oil Corporation, Houston, TX, 415,000-sf 15-Story Corporate High Rise • Pearson Education Measurement, Iowa City, IA, 160,000-sf Office Building Remodel, Including Video Studio
• Practice Velocity, Machesney Park, IL, 65,000-sf Adaptive Re-use of Retail Space to Office Space
• Project Thunder, Houston, TX, 500,000-sf New Office Building with 1,780-Car Standalone Parking Garage
• Springfield-Branson National Airport, Branson, MO, 3,500-sf Customs Border Patrol Building Renovation
• Wellmark Blue Cross & Blue Shield of Iowa, Des Moines, IA, 650,000-sf New Headquarters with 2000-ton Chiller Plant, 2000-kW Emergency Power, Kitchen and Dining Room, Fitness Center, Data Center, Underground Parking, and Sky Bridge, LEED Platinum
• Willis Tower, Chicago, IL, Acoustics Consulting
Experience
22 Total, 14 with IMEG
Education
Morrison Institute of Technology,
AAS, Engineering Technology
Accreditations
Certified Technology Specialist (AVIXA)
A/V Associate (Extron)
Digital Media Certified Designer (Crestron)
HDBaseT Expert (HDBaseT Alliance)
Vocia Certified (Biamp)
Dante Certification (Audinate)
Affiliations
AVIXA (Formerly InfoComm)
Awards
F.I.E.R.O. Fire Station Design Symposium
Bronze Design Award
People’s Choice Award for Best Design
City of Davenport Historic Central Fire
Station
Jayson Stickrod, CTS
Senior Technology Designer
Team
3. Key Personnel
565
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services NOT INCLUDED IN PAGE LIMITATION David brings more than 33 years of experience in audio visual and acoustic designs.
His project experience includes theatrical and fine arts centers, large athletic facilities, industrial, commercial, educational, religious, outdoor entertainment spaces, and broadcast and corporate conferencing. David’s experience also includes live sound work for nationally recognized performers, and his recent efforts include a patent development project.
A core fundamental of acoustics is always to understand why a client may (or may not) need acoustics to begin with and translate their understanding into a building project. When a room design has appropriate acoustics, occupants learn faster and with deeper insight and are less distracted. Building acoustics into a project creatively and early always lowers budget impact and improves effective use of any space. David’s experience is well versed for high impact, connected venues.
Project Highlights
• City of Carmel, IN, Carmel Public Library, Facility Assessment and Master Plan • City of Westfield, IN, Grand Junction Park and Plaza, Professional AV, Sound and Acoustics System Design to Outdoor Pavilion For Symphony & Pop Music/ Concerts and Exterior Noise Control to Residents
• Francis W. Parker School, Chicago, IL, 10,000-sf Library Renovation • Helen M. Plum Memorial Public library District, Chicago, IL, Public Library External Noise Measurement
• Indianapolis Public library, Indianapolis, IN, Acoustic Study • Madison Public Library, Madison, WI, 20,000-sf Pinney Neighborhood Library Renovation, LEED Gold
• Monroe County Public Library, Bloomington, IN, Renovation of Public Media, Auditorium, and Additions of Public Recording Accessible Studios, Along with Stacks, Offices, and Primary Facility, Including Technology Updates • Murphy Theatre, Wilmington, OH, Historic Renovation, Master Planning 15,000-sf for Theatre Audio, Acoustics and Concerts Renovation • St. Vincent Center, Indiana Pacers Training Facility, Indianapolis, IN, Acoustical Study of the 4th Floor Office Area
• The Sonnentag Complex, Eau Clair, WI, 2-Story Event Center with Seating Up to 6,700; an Indoor Field House; a 2-Story Fitness Area for Students; Coaches Offices and Meeting Rooms; Support Areas such as Concessions and Locker Rooms
Experience
34 Total, 7 with IMEG
Education
Indiana University - Bloomington, BA
Audio Engineering ILP
Accreditations
Syn-Aud-Con (4) in Design for AV, Sound,
and Electro-acoustics
Affiliations
Acoustical Society of America
Audio Engineering Society Chapter
Secretary (15 years)
Publications & Presentations
Ball State University - “Acoustics for
Interior Design”, Guest Lecturer
Indiana U - Purdue U. (IUPUI) - “Business
of Music”, Guest Lecturer
ASHRAE - “Fundamentals of Acoustics”
ASHRAE, - “Acoustics for Rooms and
Architects” Published December 2020 and
January 2021
David Wright
Senior Acoustics and AV Technology Systems Specialist
Team
3. Key Personnel
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3. Key Personnel
Mr. Herrero brings a wide range of experience to the project team. His background in diverse project types and delivery methods makes him one of the firm’s more versatile and valuable project architects/managers. As Principalin-Charge and Sr. Project Architect, his responsibilities range from coordinating a project’s design phase to managing the technical team’s production of the project’s contract documents and subsequent support of the construction phase. • County of Santa Clara On-Call Projects, San Jose, CA, SVA is serving in an oncall capacity for various projects for the County of Santa Clara and its Parks and Recreation Department. As part of the County’s projects, SVA was hired to provide upgrades to restrooms of three buildings, known respectively as “The Pavilion,” “Exposition Hall,” and “The Fiesta,” at the County Fairground.
The scope of the project covers numerous modernizations and safety upgrades including modified slope entrances, new ADA door and wall signage, new doors, frames, and hardware, tile repair, and new paint. • City of Mountain View Police and Fire Administrative Building, Mountain View, CA, SVA is currently developing three design alternatives and their cost estimates; the scope of these range from a remodel that includes seismic retrofitting to the construction of a brand new building and parking structure either on the existing site or another City-owned lot. • City of Fremont Teen Center Feasibility Study, Fremont, CA, SVA Architects was hired to provide feasibility studies to the City of Fremont for replacement options to the City’s aging and deteriorating Teen Center. SVA will explore multiple options and provide preliminary layouts, budgetary estimates, and implementation timeframe for each, as well as a review of all offsite improvements such as parking and ADA requirements. • Palo Alto USD Various New and Modernization Projects, Palo Alto, CA, SVA is currently providing new construction and modernization services at three schools in the Palo Alto Unified School District: Palo Verde Elementary School, JLS Middle School, and Fletcher Middle School.
• Laney College Locker Room Renovation, Oakland, CA, This project includes the installation of two locker rooms, three offices, three classrooms and two restroom stockpile relocatable buildings. These spaces will provide interim/ temporary housing on the existing campus tennis courts while the existing locker room renovation takes place.
• City of Cupertino Library Expansion, Cupertino, CA, The Cupertino Library expansion involves the demolition of the existing single-story Children’s Book Area and replacing it with a new two-story addition that will connect to the existing Library structure. A new multipurpose Program Room will house a presentation space with a minimum of 130 seats as well as additional spillover seating.
• Lodi USD Maintenance & Operations Facility Complex, Lodi, CA, SVA developed a criteria design for a new M&O facility on an undeveloped site that is being used as bidding documents for design/build teams. The design includes a new 37,000 sq. ft. maintenance building that will house offices for the entire department, as well as storage and work areas.
NATHAN HERRERO, AIA, LEED AP BD+C
Principal-In-Charge / Senior Project Architect
TITLE
Principal
YEARS WITH COMPANY
16 YEARS OF EXPERIENCE
18 EDUCATION
Bachelor of Architecture,
with Honors, Yale University
PROFESSIONAL LICENSE
Registered Architect: C - 33048
PROFESSIONAL AFFILIATIONS
AIA
American Institute of
Architects
SFPUR
San Francisco Planning
& Urban Research
ULI
Urban Land Institute
USGBC
United States Green Building
Council
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IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 17
4. References/Case Studies
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4. References
BOARD CHAMBERS RENOVATION (Historical Building)
IMEG was the prime consultant for the recently completed County of San Diego Council Chambers renovation project.
Project Scope
IMEG provided design for replacement of existing air handling and air distribution system. Sound attenuators were provided in the main distribution ducts to achieve the required ambient noise level. Mechanical design also included a new Direct Digital Control (DDC) system for the HVAC units. The new DDC system is capable of connecting to the San Diego County centralized networked building automation system.
IMEG also provided electrical power distribution for the new A/V systems and designed the new lighting layout. The lighting was designed using high efficiency LED lights with programmable controls which are capable of adjusting the light level for a variety of scenarios such as broadcasting, board meetings, presentations, and more. The lighting controls have been integrated with the Crestron AV remote control system, which offers simple presets tailored for each user. This IMEG crafted software is the primary control for dozens of departments & non technical users.
IMEG’s acoustic engineers provided design for low ambient noise in assembly public meeting areas and for recording needs. Coordination for optimized performance with A/V
systems were integrated between the boardrooms’ loudspeaker design for optimum speech reinforcement. This included
speaker coverage clarity mapping.
Historic Preservation
IMEG was tasked with the protection of three significant art deco 18-foot tall murals that were painted on the interior walls of the Council Chambers, 80 years ago. Each mural is painted in egg tempera on muslin over a gesso surface and represents an aspect of life in San Diego County: “Recreation, Agriculture, and Conservation.”
Occupied Space and Scheduling
As the chambers needed to remain operational throughout the project, field investigations and testing were completed after hours during all design phases. Construction was scheduled around the chambers pre-designated schedule with the
commissioning of systems taking place during the holiday schedule.
Project Solutions
IMEG rose to the occasion when the installation of the audio/visual systems fell behind schedule. With only two weeks until the facility’s first board meeting, IMEG’s senior designers remained on site daily to coordinate the completion of the system’s installation and provide hands-on training to facility staff training for the new systems. IMEG’s diligence ensured the first meeting remained on schedule and was a success and an award was given to IMEGs team by the owner for outstanding service for two consecutive years Size 3,175-sf renovation
Cost $2 million
Completion 2020
Services Mechanical, Electrical, Plumbing, Technology,
Acoustics
Services Kathryn Moroz, CCM, LEED AP BD+C
Project Manager
County of San Diego | DGS
5560 Overland Avenue | Suite 410 | Floor 4
San Diego, CA 92123
T: (619) 541-0458
E: [email protected]
County Administration Center (CAC) San Diego, CA
County of San Diego
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NEW BUILDING ANNEX
IMEG provided structural, civil, mechanical, electrical, technology, and acoustical design, along with energy
modeling, land surveying, and commissioning services, for the new 47,954-sf annex building. The annex houses four new courtrooms and offices for the circuit clerk, state’s attorney, and court administrator. The design also includes two new parking lots that replaced the lots where the annex was constructed, revisions to the Justice Center’s existing site utilities, and audio/visual upgrades to five existing court rooms.
The structural design included drilled piers (caissons) and castin-place concrete grade beams. The main floor is comprised of composite still and concrete, with bar joist and metal deck roof construction. An elevated bridge designed to connect to the existing building will aid in prisoner transport.
The mechanical design included two roof-mounted, packaged RTU’s with gas heating and DX cooling. Ductless split systems provide cooling in the IT areas, and high-efficiency hot water boilers were included for terminal heating equipment, runtal radiation, cabinet heaters, and unit heaters throughout the building. Distributed lighting controls, dimming daylighting controls, and a voice-based fire alarm system were included in the electrical design. Additionally, the main utility service for the existing jail was rerouted to make way for the new building, and the overhead utility for the existing courthouse was moved underground. A new backup generator supplies
the entire building’s demand load.
The technology design included new fiber routed around the site to upgrade connectivity to adjacent buildings and provide redundancy. New security cameras accommodate both the
county and state requirements, and new courtroom audio/ visual systems allow offsite monitoring and control.
Size 47,954-sf Addition
Cost $28 million
Completion 2018
Services Civil, Structural, Mechanical, Electrical,
Technology, Land Surveying, Acoustics,
Energy Modeling, Commissioning
Reference Walter D. Braud, Chief Judge
Rock Island County
T: 309.558.3258
Rock Island, IL
Rock Island County
Justice Center Addition
4. References
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IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services NOT INCLUDED IN PAGE LIMITATION Projects
4. References
Rockford Public Library
Rockford, IL
This project included full AV programming using AV-Over_IP which was integrated with the facilities security system and the the library’s internal room scheduling system. The complete system functions without any interaction (including locking/unlocking doors) from staff.
System programming tied all systems together to operate seamlessly. Services also included final commissioning.
Size Cost Completion
68,000-sf $25M 2023
Gerald Ford International Airport, Operations Center
Grand Rapids, MI
IMEG is providing technology engineering design services for the new 11,600-sf operations and communications center. The new facility will house the airport’s emergency operations center and emergency response team area. IMEG worked with airport staff to identify applications and procedures required between each dispatch workstation and large video walls. Once the applications were identified, programming documents, vendor presentations, system demonstrations and REVIT 3D modeling were created and utilized to assist in identifying additional user requirements, features and overall user comfort level for the final system solution. This was a 4-workstation security operation center that included all equipment (including PC’s) in the nearby MDF and all video was routed to either one of 4-workstations (each with 7 monitors) or a large video wall at the head of the room) and utilized the KVM capabilities of an AV-over-IP solution.
Size Cost Completion
11,600-sf $7.7M 2022
Reference Jason Vetne
DLZ Architects
269.281.0744
[email protected]
Reference Jennifer Spencer
Studio GWA
815.963.1900
[email protected]
CHOC Children’s, Command Center
Orange, CA
IMEG worked with Children’s Hospital of Orange County (CHOC) to develop campus wide AV standards for the healthcare provider. The primary solution leverages AV-over-IP to allow seamless integration and support throughout all facilities. Design was/is being performed over multiple years to coordinate construction in multiple phases.
Size Cost Completion
N/A N/A 2022/2023
Reference Adam Gold
CHOC Children’s
IT Director
714.997.3000
[email protected]
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New Cultural Museum & Spa
Palm Springs, CA
IMEG designed all low voltage systems for museum, spa, and exterior spaces that include a gathering plaza/event area, interpretive trail, educational garden, resort-style pool with cabanas, and multiple private and themed pools. Included is a multi-zoned audio design to allow for experiential encounters throughout. IMEG Also provided mechanical, plumbing, and electrical engineering for the project.
Size N/A
Cost N/A
Completion 2022
Services Mechanical, Electrical, Plumbing,
Technology
Area 15
Meow Wolf / Omega Mart / LIFTOFF
Las Vegas, NV
IMEG coordinated directly with the developer’s Infrastructure Department throughout the design and deployment process to provide a network system comprised of multiple components including the rack rooms, fiber core-distribution, field switches, speakers, projectors, digital displays, wireless access points, cameras and more. We also provided mechanical, plumbing, and electrical engineering for the project.
Projects
4. References
Size N/A
Cost N/A
Completion 2022
Services Mechanical, Electrical, Plumbing,
Technology
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5. Rate Schedule
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IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 9 Reimbursable Expenses
• Invoiced with a 1.1 multiplier of actual cost, including:
• CAD plots, reproductions and delivery costs of drawings, specifications, and duplicate reports beyond one set provided at each normal stage of review
• Reproduction of drawings on Mylar media
• Plan review fees or imposed government agency fees
• Premium delivery charges
• Photographic supplies and developing
• Meals and lodging when required to travel overnight
• State filing and/or permit fees related to energy life-cycle costs • Necessary consultants
• Travel expense: Automobile mileage will be invoiced at the IRS rate in effect at the time of travel. Travel expenses also include tolls, parking fees, taxi, train, airfare, rental cars (CD only), and other out of pocket expenses. *Adjusted annually. Rates are for U.S.-based staff. International staff may have different billing rates and are available upon request.
IMEG STANDARD HOURLY RATES
ROLE RATE PER HOUR*
Project Executive/Principal-in-Charge $265
Project Manager $190
AV/Tech Consultant $165
Technology Project Designer $150
Virtual Design Coordinator $115
Architect* Sub-Consultant $225
Compensation & Reimbursables
4. References
574
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services NOT INCLUDED IN PAGE LIMITATION Compensation & Reimbursables
4. References
Attachment B
RATE SCHEDULE
Please complete in the following format and be advised of the invoicing requirements, below:
POSITION TITLE RATE FOR YEAR ONE*
Be advised of the following Invoicing requirements which will supplement Rate Schedules for firms selected for contract:
• Please do not use position names as staff will change over time. • Please do not include rate ranges.
• Please do not include reimbursables as these should be included in rates. • All subconsultant rates shall be approved by City designee and shall not exceed 10% above cost. • All CPI increases shall be calculated by Consultant and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. • Invoices shall cover a period of time from the beginning of each month, through the end of the month. • Consultant shall invoice City no more than once monthly for work hours completed during the previous month.
• Invoices shall include the following level of detail: contract number; invoice period; detailed description of work completed; hours worked by employee; name of consultant’s staff and their respective rate; invoice total for period as well as subtotal and contract remaining balance. • City shall have the right to reject an invoice if it is not submitted correctly. • City shall have the right to withhold payment if City determines that the quantity or quality of work performed is unacceptable.
• Remit Invoice to: [email protected] and not to City project managers. • Be advised, the City has strict Year End deadlines. All invoices for each year, including work for June services, will be due mid-July. Exact dates will be communicated out by City staff. • Consultant shall adhere to the following requirements:
o Consultant shall attach to each invoice a breakdown of hours worked, both by project as well as o hours completed by each employee per day. Consultants who assist with Construction Management services may be deemed a “consultant” under the Political Reform Act and may be required to complete and file a Form 700. http://www.fppc.ca.gov/Form700.html
o Consultants shall work no more than 2,000 hours in one fiscal year. A Letter of Notification is required for each staff member of a firm once employees reach 1,000 hours, 1,500 hours and 2,000 hours.
o Consultant shall bill in quarter hour increments.
Attachment B
RATE SCHEDULE
Please complete in the following format and be advised of the invoicing requirements, below:
POSITION TITLE RATE FOR YEAR ONE*
Be advised of the following Invoicing requirements which will supplement Rate Schedules for firms selected for contract:
• Please do not use position names as staff will change over time. • Please do not include rate ranges.
• Please do not include reimbursables as these should be included in rates. • All subconsultant rates shall be approved by City designee and shall not exceed 10% above cost. • All CPI increases shall be calculated by Consultant and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. • Invoices shall cover a period of time from the beginning of each month, through the end of the month. • Consultant shall invoice City no more than once monthly for work hours completed during the previous month.
• Invoices shall include the following level of detail: contract number; invoice period; detailed description of work completed; hours worked by employee; name of consultant’s staff and their respective rate; invoice total for period as well as subtotal and contract remaining balance. • City shall have the right to reject an invoice if it is not submitted correctly. • City shall have the right to withhold payment if City determines that the quantity or quality of work performed is unacceptable.
• Remit Invoice to: [email protected] and not to City project managers. • Be advised, the City has strict Year End deadlines. All invoices for each year, including work for June services, will be due mid-July. Exact dates will be communicated out by City staff. • Consultant shall adhere to the following requirements:
o Consultant shall attach to each invoice a breakdown of hours worked, both by project as well as hours completed by each employee per day.
IMEG STANDARD HOURLY RATES
ROLE RATE PER YEAR ONE*
Project Executive/Principal-in-Charge $265
Project Manager $190
AV/Tech Consultant $165
Technology Project Designer $150
Virtual Design Coordinator $115
Architect* Sub-Consultant $225
575
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 11
5. Insurance Requirements &
Meeting Standards
576
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services NOT INCLUDED IN PAGE LIMITATION
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
PHONE FAX
(A/C, No, Ext): (A/C, No):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
COMBINED SINGLE LIMIT $ (Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH- STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF LIABILITY INSURANCE
Lockton Companies
444 W. 47th Street, Suite 900
Kansas City MO 64112-1906
(816) 960-9000
IMEG, CORP.
623 26TH AVENUE
ROCK ISLAND IL 61201
*
Continental Casualty Company 20443
Liberty Insurance Corporation 42404
LM Insurance Corporation 33600
Travelers Property Casualty Co of America 25674
X
X
1,000,000
1,000,000
10,000
1,000,000
2,000,000
2,000,000
X
X X
1,000,000
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
X X 10,000,000
10,000,000
XXXXXXX
N
X
1,000,000
1,000,000
1,000,000
PROFESSIONAL
LIABILITY
EACH CLAIM $10,000,000
AGGREGATE $10,000,000
A AS7Z91469988 1/1/2022 1/1/2023
C TB5Z91469988 1/1/2022 1/1/2023
D AEH591925819 1/18/2022 1/18/2023
B CUP-0T461340 1/1/2022 1/1/2023
A WC7Z91469988 1/1/2022 1/1/2023
1/1/2023
1457276
N N
N N
N N
N
12/30/2021
N N
16132485
16132485 XXXXXXX
EVIDENCE OF INSURANCE
X X
577
IMEG CORP. | City of Dublin - RFQ for AV Technology Engineering & Design Services 13
6. Conflict of Interest
(Attachment C)
578
Attachment C
CONFLICT OF INTEREST STATEMENT
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.
Consultant 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 Consultant’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest.
For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. ______________________________
SIGNATORY NAME, TITLE
FIRM
579
Attachment D
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. x
x
580
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 Non-collusion 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)
02/18/2022
Darrin Harres, RCDD
Senior Technology Engineer
IMEG Corp.
901 Via Piemonte, Suite 400
Ontario, CA 91764
581
STAFF REPORT
CITY COUNCIL