Dublin City Council
October 17, 2023

August 2013
377
ROSEN

GOLDBERG
DER &
LEWITZ, INC.

ENVIRONMENTAL NOISE IMPACT REPORT FOR:

Iron Horse Linear Park
Dubin, CA
RGDL Project #: 13 - 029
PREPARED FOR:

Jerry Haag, Urban Planner
2029 University Avenue
Berkeley, CA 94704
PREPARED BY:

Alan Rosen
Harold S. Goldberg, P.E.

DATE:
30 July 2013
1100 Larkspur Landing Circle 4375 Larkspur CA 94939 r, Tel 415 464 0150 Fax 415 464 0155 RGDLacoustics. com 378
Iron Horse Linear Park, Dublin, CA
Environmental Boise Impact Report

1. Introduction

30 ,duly 2013
The proposed project is the development of a new linear park along the Iron Horse Trail and former Union Pacific Railroad tracks extending from the Dublin -San Ramon City Limit Line to just south of Amador Valley Blvd. Although no specific design has been selected by the City, there are a variety of possible uses that are being considered such as children' s play areas, outdoor classrooms, picnic areas, and community gardens.

The project site is adjacent to residential homes on both sides as well as the existing Dublin High School athletic fields. This report evaluates potential impact of the noise from likely project uses and provides recommendations for noise mitigation measures if noise levels are expected to exceed applicable standards.

2. Environmental Noise Fundamentals
Noise can be defined as unwanted sound. It is commonly measured with an instrument called a sound level meter. The sound level meter captures the sound with a microphone and converts it into a number called a sound level. Sound levels are expressed in units of decibels. To correlate the microphone signal to a level that corresponds to the way humans perceive noise, the A- weighting filter is used. A- weighting de- emphasizes low - frequency and very high - frequency sound in a manner similar to human hearing. The use of A-weighting is required by most local General Plans as well as federal and state noise regulations (e.g. Caltrans, EPA, OSHA and HUD). The abbreviation dBA is sometimes used when the A- weighted sound level is reported.

Because of the time - varying nature of environmental sound, there are many descriptors that are used to quantify the sound level. Although one individual descriptor alone does not fully describe a particular noise environment, taken together, they can more accurately represent the noise environment. The maximum instantaneous noise level (Lmax) is often used to identify the loudness of a single event such as a car passby or airplane flyover.

To express the average noise level the L, q (equivalent noise level) is used. The Leqcan be measured over any length of time but is typically reported for periods of 15 minutes to 1 hour. The background noise level ( or residual noise level) is the sound level during the quietest moments. It is usually generated by steady sources such as distant freeway traffic. It can be quantified with a descriptor called the L90 which is the sound level exceeded 90 percent of the time.

To quantify the noise level over a 24 -hour period, the Day /Night Average Sound Level (DNL or Ldn) or Community Noise Equivalent Level (CNEL) is used. These descriptors are averages like the Leqexcept they include a 10 dB penalty during nighttime hours (and a 5 dB penalty during evening hours in the CNEL) to account for people's increased sensitivity during these hours.

ROSEN

GOLDBERG
DER &
LEWiTT, INC. 1100 Larkspur Landing Circle 11375 Larkspur CA 94939 4 Tel 415 464 0150 , Fax 415 464 0155 > RGDLacoustics.com 379
Iron Horse Linear Park, Dublin, CA
Environmental Noise Impact Report

30 July 2013
In environmental noise, a change in noise level of 3 dB is considered a just noticeable difference. A 5 dB change is clearly noticeable, but not dramatic. A 10 dB change is perceived as a halving or doubling in loudness.

3. Acoustical Criteria

3. 1. City of Dublin General Plan
The Noise Element of the City' s General Plan has policies regarding noise and land use compatibility. Table 1 provides guidelines for the compatibility of land uses with various noise exposures. The City uses the Community Noise Equivalent Level ( CNEL) descriptor. A CNEL of 60 dBA or less is considered normally acceptable for residential land use. It should be noted that the City' s compatibility standards are normally intended to be used for traffic and transit noise.

Table 1: Land Use Compatibility for Community Noise
Environments

3.2. City of Dublin Noise Ordinance
Chapter 5.28 of the City of Dublin' s Municipal Code prohibits "... loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoysor disturbsor injuresor endangersthehealth, repose, peace or safety of any reasonable person of normal sensitivity present in the area ". The noise ordinance states that it is appropriate to consider the level and character of the noise as well as the level and character of the background noise. Since the City' s Noise Ordinance does not contain quantifiable noise level limits, it is not possible to apply the noise ordinance as a threshold for assessing project generated noise in the context of this noise study.

ROSEN
GOLD13ERG
DER &
LEWITZ, luc. 1100 Larkspur Landing Circle 41375 Larkspur CA 94939 o Tel 415 464 0150 Fax 415 464 0155 , RGDLacoustics. corn COMMUNITY NOISE EXPOSURE ( dB)
Land Use Category Normally Conditionally Normally Clearly Acceptable Acceptable Unacceptable Unacceptable
Noise Insulation)
Features Required
Residential 60 or less 60- 70 70- 75 Over 75
Motels, hotels 60 or less 60- 70 70. 80 Over 80
Schools, churches, nursing 60 or less 60- 70 70- 00 Over 80 homes
Neighborhood parks 60 or less 60- 65 65- 70 Over 70
Offices: retail commercial 70 or less 70- 75 75- 80 Over 80 Industrial 70 or less 70- 75 Over 75
Conditionally acceptable exposure requires noise insulation features in building design. Conventional construction, butwith closedwindowsandfreshair supplysystemsor air conditioningwill normallysuffice.

3.2. Cityof Dublin Noise Ordinance
Chapter5. 28 of the Cityof Dublin's MunicipalCode prohibits "...loud, or disturbing, or unnecessary, or unusualor habitualnoiseor any noise which annoysor disturbsor injuresor endangersthe health, repose, peaceor safety of any reasonablepersonof normal sensitivity presentin the area ". The noise ordinance states thatit is appropriateto considerthe level and characterof the noise as well as the level and characterof the background noise. Since the City's Noise Ordinancedoes not contain quantifiablenoise level limits, it is not possibleto applythe noise ordinanceasa thresholdfor assessingproject generatednoisein the contextof this noise study.

ROSEN
GOLD13ERG
DER &
LEWITZ, luc. 1100 Larkspur Landing Circle 41375 LarkspurCA 94939o Tel 415 464 0150 Fax 415 464 0155 , RGDLacoustics.corn 380
Iron Horse Linear Park, Dublin, CA Page 3
Environmental Noise Impact Report 30 July 2013

3. 3. Increase in Noise
The California Environmental Quality Act ( CEQA) Guidelines require a determination of whether a project will generate a substantial increase in noise levels in the project vicinity above levels existing without the project. CEQA does not specify a method for determining when a project would cause a significant increase in noise. Likewise, the City of Dublin does not have criteria for determining when a noise increase is significant.

A recent FAA Draft Policy' discusses screening and impact thresholds for increases in aircraft noise. These FAA thresholds are consistent with the thresholds that were adopted in CEQA document for the Downtown Dublin Specific Plan.Z Therefore, these thresholds are used to assess the significance of noise increases due to the project as follows — an increase in CNEL is significant if it is;
a 5 dBA or greater and future CNEL is less than 60 dBA. or
3 dBA or greater and future CNEL is 60 dBA or greater and less than 65 dBA. or

1. 5 dBA or greater and future CNEL is 65 dBA or greater.

Existing Noise Environmentro,,,,.,.,.__
The proposed Park runs along the Iron Horse Regional Trail and Union Pacific Right of Way. The South San Ramon Creek forms the westerly boundary of the proposed Park. Residences are located on both sides of the proposed park with backyards that abut the project site. Along the western side of the site, backyards are about 100 feet from the Iron Horse Trail. On the eastern side, backyards are about 200 feet from the Iron Horse Trail.

To quantify the existing noise environment, long -term noise measurements were made for seven consecutive days at two locations ( A and B on Figure 1) and short term, 15- minute noise measurements were made at four locations ( 1 through 4 on Figure 1). The measurement locations were primarily chosen to represent the existing conditions at residences near the proposed project.

Figures 2 and 3 show the daily variation in noise levels at each of the long -term monitor locations. in general, average noise levels toward the north ( location A) ranged from 45 to 55 dBA (Leq) whereas noise levels on the southern end (location B), near the road, were slightly higher and ranged from about 45 to 60 dBA.

FAA Order 1050. 1E, CHG 1, Environmental Impacts: Policies and Procedures, 10 March 2006. 2DowntownDublinSpecificPlan DraftEIR, September2010, SCH #20100022005.

ROSEN
GOLD13ERG
DER &
LEWITZ, INc. 1100 Larkspur Landing Circle 1275 Larkspur CA 94939 . Tel 415 464 0150 - Fax 415 464 01 55 <- RGDLacoustics. com 381
Iron Horse Linear Park, Dublin, CA
Environmental Noise Impact Report

30 July 2013
Table 1 shows the results of the short term noise measurements. At location 3, adjacent to homes on the west side of the project site, a dog barking generated a maximum noise level of 51 dBA, whereas a voice on the Iron Horse Trail was 49 dBA.

An airplane flyover generated a maximum noise level of 60 dBA. At location 4, a distant truck generated a noise level of 52 dBA whereas a motorcycle generated a maximum level of 58 dBA. Location 4 the sound of kids in the nearby park were 56 to 58 dBA though they were somewhat masked by wind noise which was about 55 dBA.

At location 5, near the southern end of the site, distant traffic had a maximum noise level of 52 dBA.

Figure 1: Noise Measurement Locations
R05EN

GOLDBERG
DER &
LEWITZ, Inc. 1100 Larkspur Landing Circle # 375 , Larkspur CA 94939 , Tel 415 464 0150 t, Fax415 464 0155 e. RGDLacoustics.com 382
Iran Horse Linear Park, Dublin, CA
Environmental Noise Impact Report

30 July 2013
Figure 2: Long Term Noise Measurement at Location A
Figure 3: Long Term Noise Measurement at Location B
RosEN

GOLDBERG
DER &
LEWITZ, INC. 1100 Larkspur Landing Clrcle #1375 v Larkspur CA 94939 , Tel 415 464 0150 , Fax 415 464 0155 <= RGDLacoustics.Com 383
Iron Horse Linear Park, Dublin, CA
Environmental Noise Impact Report

30 July 2013
Table 1: Summary of Short - Term, 15 Minute [ Noise Measurements CNEL calculated based on comparison with simultaneous measurement at 24 - hour noise monitor location.

5. Analysis

5. 1. Project Generated Noise
Noise sources associated with the proposed project would range from those that are typical for the existing trail such as people walking, jogging or biking to new uses such as children' s play areas, outdoor classrooms and outdoor picnic areas.

Typical maximum noise levels from trail users ( joggers, bikers and people strolling) range from 43 to 60 dBA at a distance of 10 feet. With the proposed project, the trail would meander and be as close as 25 feet from existing homes. Table 2 shows the estimated noise levels from the trail use at backyards of existing residences.

Table 2: Estimated Noise Levels from Trail at the Nearest Backyards Noise Source L,1,ax dBA
A- weighted Sound Level, dBA
Location Date ( Time
Leq L10 L5o L90 CNEL*
Voice — shout ** 70
1 1- May - 13 39 41 37 35 51
11: 34 a. m.
2 1- May -13 47 49 44 38 52
12: 33 a. m.
3 8- May -13 47 48 45 43 51
2: 17 p.m.
4 8 -May - 13 53 54 52 51 57
2: 38 p.m.
5 8 -May - 13
T
52 54 52 51 56
3: 17 p. m.

CNEL calculated based on comparisonwith simultaneous measurementat 24 - hour noise monitor location.

5. Analysis

5. 1. Project Generated Noise
Noise sources associated with the proposed project would range from those that are typicalfor the existingtrail suchas people walking, joggingor bikingto new uses such as children's play areas, outdoor classroomsand outdoor picnic areas.

Typical maximum noise levels from trail users ( joggers, bikers and people strolling) range from43 to 60 dBAat a distanceof 10 feet. With the proposed project, the trail would meanderand be as closeas 25 feet from existing homes. Table2 shows the estimated noise levels from the trail use at backyardsof existing residences.

Table2: Estimated Noise Levels from Trail at the Nearest Backyards Noise Source L,1,ax dBA
Bike* 44
Jogger* 44
Voice — normal ** 40
Voice -- raised ** 47
Voice — shout ** 70
Noise Study for Alamo Creek Bike Path, 30 June 2003
Handbook of Acoustical Measurements and Norse Controf', 3`a Ed., Cyril Harris 1998.

ROSEN

GOLDBERG
DER &
LEWITZ, luc. 1100 Larkspur Landing Circle 037S w Larkspur CA 94939 Tel 415 464 0150 3 Fax 415 464 0155 ., RGI) Lacoustics. com 384
Iron Horse Linear Park, Dublin, CA
Environmental Noise Impact Report

30 July 2013
Based on the noise measurements that were made for the Alamo Creek Bike Trail project, the Leqdue to the trail users would be 43 dBA at a distance of 10 feet from the center of the trail. This corresponds to an Leqof 35 dBA at a distance of 25 feet. If this level of activity occurs from 7 AM to 9 PM, then the DNL would be 34 dBA at the nearest backyards, estimated to be about 25 feet from the trail.

For group activities, the level of noise would depend on the number of users and the proximity to homes. For example, a group activity, such as use of a play area where five children are playing continuously for 12 hours a day would generate an Leqof 52 dBA at a distance of 100 feet. The corresponding CNEL would be 49 dBA.

5. 2. Impact Assessment

1. Would the proposal result in exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance, or applicable standards of other agencies?
The Noise Element of the City of Dublin' s General Plan considers a CNEL of 60 dBA or less to be " normally acceptable" for neighborhood parks and residential development. The City' s of Dublin' s Noise Ordinance ( Chapter

5. 28) does not contain quantitative noise level limits.

Existing noise levels along the project site range from a CNEL of 51 to 57 dBA due to ambient noise and trail use. This is considered "normally acceptable" for both park and residential uses. In the future, the noise from the proposed project will vary, depending upon the specific use and ultimate location of that use with respect to existing residences.

For the purposes of this assessment, the uses are divided into two types: Trail use (biking, walking, jogging) and outdoor classrooms/play/picnic areas.

The use of the bike trail would be similar to current use though the distance of the main trail to homes would decrease since the trail would likely meander from east to west ( as opposed to its current location about 100 to 200 feet from homes). Under the scenario where a trail comes within about 25 feet from a residential backyard, the CNEL would be 34 dBA. A CNEL of 34 dBA is well within the City' s " normally acceptable" level of 60 dBA for residential use.

ROSEN

GOLDBERG
DER &
LEwaz, INC. 1100 Larkspur Landing Circle # 375 > Larkspur CA 94939 & Tel 415 464 0150 Fax 415 464 0155 , RGDLacoustics. cam 385
Iron Horse Linear Park, Dublin, CA
Environmental Noise Impact Report

30 July 2013
The precise location of the outdoor classroomlplaylpicnic areas is not known at this time, but the concept site plan indicates that a likely distance would be about 100 feet from existing homes. An outdoor classroom, play or picnic areas with five children playing continuously, throughout the day, would generate a CNEL of 49 dBA at a distance of 100 feet. If the number of children increased to 10, the CNEL would increase to 52 dBA. Both these levels are considered " normally acceptable" for residential use according to the City' s General Plan.

In order to generate noise levels greater than those considered normally acceptable ( e. g. greater than 60 dBA ( CNEL)) there would need to be about 75 children using the outdoor area if it is located 1010feet from the homes or the play area would need to be closer than 37 feet from the homes if there were only 10 children playing. In these instances, noise from the outdoor classroom/ play/ picnic area would be considered a significant impact.

Mitigation 1: Restrict classroom, play and picnic areas so they are no closer than 37 feet from existing residences.

2. Would the proposal result in a substantial permanent increase in ambient noise levels in the project vicinity above existing levels without the project? The contribution in noise from the use of the trail alone would increase the CNEL at the closest residences by less than 1 dBA. Therefore, the increase in noise from the use of the trail will result in a less than significant impact.

However, noise from the outdoor classroom/play/picnic areas could increase the CNEL in excess of 5 dBA if located within 75 feet of residences presuming 10 children playing). If there are 5 children playing, the distance decreases to 55 feet. This is a significant impact.

Mitigation 2: See Mitigation 1
RosEN

GOLDBERG
DER &
LEW €T2, INC. 1100 Larkspur Landing Circle # 1375 , Larkspur CA 94939 4 Tel 415 464 0150 Fax 415 464 0155 RGDLacoustics. com 386
September 5, 2013
City of Dublin
Iron Horse Nature Park and Open Space ( Linear Park) Project PLPA- 2013 - 00044
Response to Environmental Comments
Introduction
The City of Dublin issued a Mitigated Negative Declaration (MND) for this project on August 5, 2013 for a 30 -day period to ensure California Environmental Quality Act compliance.

The project being analyzed in the MND is the construction of a linear park, potential South San Ramon Creek realignment, and potential Iron Horse Regional Trail realignment on approximately 35 acres of land ( 12 acres to be owned by the City of Dublin as the public park and23 acresowned by Zone 7 Water Agency). Proposedusesareprimarily passive, but would also include some areas of higher activity recreation uses. Pedestrian and bicycle connections would be madewith surrounding neighborhoods andDublin High School. The development of the park may also include realignment of the Iron Horse Trail and the existing Zone 7 watercourse within the park. Construction of the park would require approval of a General Plan Amendment and rezoning by the City of Dublin as well as an amendment to the City of Dublin Parks and Recreation Master Plan.

The Iron Horse Nature Park and Open Space ( Linear Park) is located in the approximate center of Dublin, generally located between Amador Valley Boulevard and the Dublin - San Ramon City Limit Line along the Iron Horse Trail and former Union Pacific Railroad tracks.

Changes and Modifications to the Initial Study
The following changesto the Initial Study are madeby reference and included in the document.

1. Exhibit 3 contained in the Initial Study will be changed from a view of the Proposed Park Site to the Conceptual Park Master Plan that has been developed for the project site.

2. Paragraph4 on page 4 will be amendedto read "A small vehicle parking lot with a maximum capacity for 15 vehicles is expected to be provided adjacent to Amador Valley Boulevard in the location shown in the Conceptual Park Master Plan." 387
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Response to Comments - Iron Horse Nature Park and Open Space ( Linear Park) September 5, 2013
Comment Letters and Responses
Two comment letters were received, as follows:

Letter No. Commenter Date
A - Local Agencies
A - 1 Dublin San Ramon Services District 8/ 15/ 13
B- Interested Persons
B - 1 John Whitehead 8/ 27/ 13
Copies of these letters are annotated and attached. Each response corresponds numerically to the number of responses.
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Response to Comments - Iron Horse Nature Park and Open Space ( Linear Park) September 5, 2013
The following are responsesto eachof the comments.

Letter from DSRSD:

Comment: The District supports the proposed project and agrees that the development of the Iron Horse Nature Park and Open Space ( Linear Park) will have a less than significant impact on utilities and service systems with the implementation of the proposed mitigation measures.

Response: DSRSD support of the project is noted and no further response is needed.

Letter from John Whitehead
Comment 1: The commenter is concerned about growth ( expansion) of the parking lot and the potential for tobacco smoketo blow towards the commenter's dwelling.

Response: The parking lot designedfor the park will accommodatea maximum of 15 parking spaces. Should any future expansion be proposed to the parking area that is not in substantial conformance with the Conceptual Park Master Plan ( Revised Exhibit 3 to the MND), future analysis and an accompanying CEQA document would need to be completed.

Comment 2: The commenter notes that a site plan for the park should be included in the document to better demonstrate potential impacts.

Response: City of Dublin Staff have beenworking with park designersand the community to select a site development plan for the park that best balances anticipated recreation opportunities for the public and privacy needsfor the residents closestto the proposedpark.

Exhibit 3 of the MND has been revised to provide more detail on the resulting proposed park design.

The Planned Development Ordinance that is recommended for approval describes the future permitted uses in the park, which include " a public park with a mix of low- intensity, passive recreation usesnear existing residential areasand a few nodesof more active usesat key locations, public open space, stream corridor, and a regional multi - use trail." Comment 3: The commenter requests confirmation that the maximum number of parking spaces constructed as part of the park would be 15 and that there would be a minimum 125 foot buffer from existing residential properties.

Response: The MND will be amended to state that " A small vehicle parking lot with a maximum capacity for 15 vehicles is expectedto beprovided adjacentto Amador Valley Boulevard in the location shown in the Conceptual Park Master Plan." 394
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Response to Comments - Iron Horse Nature Park and Open Space ( Linear Park) September 5, 2013
Comment 4: How will hours of operation, identified as sunrise to sunset, be enforced? There should be a means of preventing use of the proposed parking lot during nighttime hours to minimize noise from diesel engines. There is currently no localized noise from people talking or vehicles?
Response: The posted public park hours will be sunrise to sunset. As with any other public park in the City of Dublin, violations are subject to enforcementby Dublin Police Services.

Comment 5: The commenter is concerned that future park improvements, specifically a row of trees, could block his views of distant hills from his house.

Response: Consistent with CEQA, the issue of potential blockage of views is limited to blockage of views from public parks, playgrounds and other vista points, not private dwellings. Therefore there is no need to change the conclusion of the Initial Study. As the specific design details are developed at the time of park construction, City Staff will take a look at the tree speciesto beplanted along the park perimeter.

Comment 6: A concernis raisedregarding potential air quality impacts from tobacco smoke affecting the commenter.

Response: The City of Dublin prohibits smoking in any City park. " No Smoking" signs will be posted andviolations are subject to enforcementby Dublin Police Services. The Iron Horse Regional Trail is a facility operated by the East Bay Regional Park District, which their own policies related to smoking.

Comment 7: The commenter requests the noise section of the Initial Study should explain that the existing noise measurements taken on the site mostly consist of smooth background noise from distant freeways. The anticipated noise of carscoming and going and revving enginesin the proposed parking lot does have an impact, even if the decibel level is the same or less than distant background noise. The suggested mitigation is to ensure that park hours of operation are limited by parking gates or other enforcement and there is no enlargement of the proposed parking lot.

Response: The acousticreport prepared for the project by the firm of RGDL ( Attachment 3 to the Initial Study) includes a brief discussion of the sources of existing noise in the neighborhood that was recorded in early May, 2013. Page4 of the RGDL report notes that a motorcycle passing the project area generated a noise event of 58 decibels ( DBA).

This noise level is generally equivalent or perhapsnoisier than a standardpassenger vehicle, so that at a measured event of 58 decibels, this noise is lower than the City noise standard of 60 decibels for residential areas. Therefore, future noise from the proposed small ( 15- vehicle) parking lot is not anticipated to be a significant noise impact or community nuisance.

However, if a consistent and on -going noise issuebecomesapparentat the park site, Parks and Community Services Staff shall be notified to investigate if there are 395
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Response to Comments - Iron Horse Nature Park and Open Space ( Linear Park) September 5, 2013
operational issues. Individual violators are subjectto enforcementby Dublin Police Services.

Comment 8: The commenter notes that these could be some changes to the current alignment of the Iron Horse Trail. There should be mitigation measures included based on outreach to residents and trail users of the proposed changes since many people on bicycle use the Trail for commuting and need to arrive at work on time.

Response: The Initial Study notes that there could be minor changesto the existing alignment of the iron Horse Trail to better integrate the function of the Trail with the proposed park. However, any changesto the alignment of the Iron Horse Trail would be minor and would not significantly impact local commuters and times to work.

Comment 9: The commenter requests that a clear statement be made that a future expansion of the proposedparking lot will not be accepted, or at leasesaythat possible expansionis not covered by the Mitigated Negative Declaration. If the park becomes popular, there could be community pressureto expandthe parking lot toward the commenter's residence.

Response: The MND will be amendedto statethat "A small vehicle parking lot with a maximum capacity for 15 vehicles is expected to be provided adjacent to Amador Valley Boulevard in the location shown in the Conceptual Park Master Plan." 396
Iron Horse Park Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program
September 2013
Mitigation Measure Implementing
Responsibility
Monitoring
Responsibility
Monitoring
Schedule
Verification
Mitigation Measure AES - 1 ( light and glare Dublin Parks and Dublin Prior to building impacts). As part of the Building Permit Community Community Permit submittal, the City shall submit lighting details Services Development and a photometric plan for review and approval. Department Department At minimum, the submittal shall include:
a) A lighting plan illustrating the approximate
location of all exterior light fixtures to be
placed on the project site.
b) Design details for cut - off lenses on the
fixtures or other similar techniques to
directed light to the intended area of
illumination and to prevent off - site glare
impacts on project site and adjacent
buildings and properties.
c) A photometric plan demonstrating lighting
levels required to provide adequate safety
and security onsite and also demonstrating
that light will not spill over the site onto
adjacent streets or properties.

Mitigation Measure AIR - 1. The project Dublin Parks and Dublin Building a) Shown on construction contractor shall adhere to the Community Division project grading following measures to reduce fugitive dust and Services plans construction equipment fumes. These measures Department 397
Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule
shall be included within project plans and
specifications that are reviewed through the
Building Permit and Site Improvement Permit b) Implemented process. during site
1) During grading and construction, all grading
exposed surfaces ( e. g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered
two times per day, as necessary, to prevent
wind - blown dust.
2) Stockpiled earthern material shall be
covered.
3) All haul trucks transporting soil, sand, or
other loose material off - site shall be
covered.
4) All visible mud or dirt track - out onto
adjacent public roads shall be removed.
5) Vehicle speeds on unpaved roads or areas
shall be limited to 15 mph.
6) Idling times shall be minimized by either
shutting equipment off when not in use or
reducing the maximum idling time to 5
minutes. Clear signage shall be provided
for construction workers at all access
points.
7) All construction equipment shall be
maintained and properly tuned in
accordance with manufacturer' s
specifications. All equipment shall be
Iron Horse Park Project Page 2
Mitigation Monitoring and Reporting Program
City of Dublin
398
Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule
checked by a certified mechanic and
determined to be running in proper
condition prior to operation.

Mitigation Measure BIO - 1. A qualified Dublin Parks and Dublin Prior to botanist shall conduct a focused Congdon' s Community Community commencement of tarplant botanical survey during its blooming Services Development grading period ( May to October) in accordance with Department Department CDFW protocols and as recommended in the
EACCS. If Congdon' s tarplant species are
found on the site, no construction shall occur
on that portion of the site containing tarplants
and a 50 - foot wide buffer area shall be
maintained around the perimeter of tarplants.

The width and location of the buffer may be
adjusted by a qualified biologist in consultation
of California Fish & Wildlife ( CDFW) staff.

Alternatively, if avoidance is not feasible,
alternative areas shall be identified, on or off of
the site, with the same hydrological conditions
as the site. Tarplant seeds shall be collected
from the park site prior to grading and
replanted in the alternative location.

Mitigation Measure BIO - 2. Further surveys for Dublin Parks and Dublin Prior to burrowing owl shall be completed prior to Community Community commencement of grading in accordance with the recently revised Services Development grading StaffReporton Burrowing Owl Mitigation issued Department Department by the CDFW in March 2012. If burrowing owls
Iron Horse Park Project Page 3
Mitigation Monitoring and Reporting Program
City of Dublin
399
Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule
are found breeding and/ or wintering on the
site, burrows shall be avoided during the
breeding season and a suitable buffer area shall
be established round each nest, as determined
by a qualified biologist, or suitable off -site
habitat shall be provided such as easements as
recommended in the EACCS. In addition, any
occupied burrows shall be avoided through the
establishment of exclusion zones during
construction. The location and widths of such
exclusion zones shall be determined by a
qualified biologist.

Mitigation Measure BIO - 3. If future Dublin Parks and Dublin a) Tree removal to development plans include tree removals, such Community Community occur during non - activities should be conducted during the non- Services Development nesting season nesting season (September 1 to January 31), if Department Department feasible. Depending on the nature and location b) Conduct pre - of proposed work, pre- construction surveys construction may be necessary to avoid impacts to nesting surveys for birds, as determined by a qualified biologist. nesting birds Such surveys shall be conducted within 7 days within 7 days of prior to the start of work from February to May start of work since there is a higher potential for birds to Feb. -May), or 15 initiate nesting during this period), and within days of start of 15 days prior to the start of work from June to work ( June - August. If nesting birds are found, a buffer August)
area around each nest shall be established
under the direction of a qualified biologist and
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Mitigation Monitoring and Reporting Program
City of Dublin
400
Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule
the buffer area shall remain as directed by the
biologist.

Mitigation Measure BIO - 4. Jurisdictional Dublin Parks and Dublin Prior to wetlands on the site shall be avoided during Community Community commencement of construction and operation of the proposed Services Development grading park. A suitable buffer and protection devices Department Department shall be incorporated into the final park plan. If
avoidance is not feasible, on - site jurisdictional
wetlands shall be replaced at a 3: 1 ratio, as
recommended in the EACCS, as close to the
park as practicable and where suitable habitat
exists. Alternatively, the City may purchase
credits in an off - site wetland mitigation bank at
a 3: 1 ratio.

Mitigation Measure BIO - 5. Prior to the Dublin Parks and Dublin Included in final preparation of construction documents, final Community Community park development park design plans shall be reviewed by a Services Development plans qualified biologist to ensure that substantial Department Department blockage of native fish or wildlife will not
occur. If necessary, park plans shall be required
to be changed to ensure that fish and wildlife
movement is maintained.

Mitigation Measure CULT - 1. Prior to reuse of Dublin Parks and Dublin Prior to reuse of the existing trestle, the structure shall be Community Community existing trestle examined by a Registered Environmental Services Development structure Assessor ( REA) to ensure that the level of Department Department Iron Horse Park Project Page 5
Mitigation Monitoring and Reporting Program
City of Dublin
401
Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule
chemicals and other substances on and adjacent
to the structure are below applicable local, state
and federal exposure standards for human and
animals. The REA shall recommend specific
feasible measures to reduce the level of risk
from identified hazards to the public. These
measures shall be incorporated into the final
park development plan. If the level of risk
cannot be reduced to a generally recognized safe
level, the trestle structure shall be removed and
any area near the trestle shall be safely
remediated. Necessary permits and approvals
shall be obtained as necessary from the Regional
Water Quality Control Board, the Alameda
County Environmental Health Services
Department or others. Necessary clearances
shall be secured from appropriate regulatory
agencies prior to issuance of a grading plan for
this portion o the project site.

Mitigation Measure CULT - 2. Wording shall be Dublin Parks and Dublin a) Appropriate added on final construction plans and Community Community wording added to specifications for the proposed park to the Services Development final grading and effect that if archeological or Native American Department Department construction plans materials or artifacts are identified, work on
that portion of the project shall cease until a b) Implement resource protection plan conforming to CEQA during project Guidelines Section 15064. 5 and the Dublin grading and
Zoning Ordinance is prepared by a qualified construction archeologist and / or paleontologist and
Iron Horse Park Project Page 6
Mitigation Monitoring and Reporting Program
City of Dublin
402
Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule
approved by the City of Dublin Community
Development Director or an authorized
representative. Project work may be resumed
in compliance with such plan. If human
remains are encountered, the County Coroner
shall be contacted immediately and the
provisions of State law carried out.

Mitigation Measure GEO - 1. A soils and Dublin Parks and Dublin Parks and Prior to geotechnical report shall be commissioned Community Community commencement of by the City to identify the presence of Services Services construction liquefaction, expansive soils, the potential for Department Department differential settlement and other potential
soil hazards that could damage park
improvements. If such soil characteristics are
found on the site, the report shall include
detailed recommendations on how to reduce
the risk of soil hazards to a less - than-
significant level. This would typically
include recommendations for enhanced
building foundations, removal of
incompetent soils, and similar measures. The
recommendations of the soils report shall be
implemented in final park development and
construction plans.

Mitigation Measure HAZ - 1. Prior to park Dublin Parks and Dublin Parks and Prior to construction, additional soil sampling shall be Community Community commencement of Iron Horse Park Project Page 7
Mitigation Monitoring and Reporting Program
City of Dublin
403
Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule
conducted to determine if contaminants above Services Services construction.

Environmental Screening Levels are present in Department Department the soil. If found, a remediation plan shall be
prepared and approved by appropriate
regulatory agencies, which may include the
Regional Water Quality Control Board or the
Alameda County Environmental Health Services
Department. Remediation of contaminated
material could include removal of contaminated
material to an approved off - site location or
similar measure. Remediation shall be
completed per the approved plan and carried
out by licensed contractors. The remediation
plan shall include safety plans for workers and
users of the Iron Horse Trail, as may be
required. Necessary clearances shall be secured
from appropriate regulatory agencies prior to
the issuance of a grading plan.

Mitigation Measure NOISE - 1. The final Dublin Parks and Dublin Parks and Included in final development plan for the park shall include a Community Community park development restriction of classrooms, play areas and picnic Services Services plan areas to a minimum distance of 37 feet from the Department Department rear yard of existing residences adjacent to the
park.

Mitigation Measure NOISE - 2. Construction Dublin Parks and Dublin Parks and During park activities shall be limited to the hours of 7: 30 Community Community construction a.m. to 6 p.m, Monday through Saturday, Services Services Iron Horse Park Project Page 8
Mitigation Monitoring and Reporting Program
City of Dublin
404
Mitigation Measure Implementing Monitoring Monitoring Verification Responsibility Responsibility Schedule
excluding state or federal holidays. Hours of Department Department construction shall include delivery of materials
and tune up of equipment. Hours of operation
shall be included on construction plan and
specifications.

Mitigation Measure TRANS - 1. The final Dublin Parks and City of Dublin Traffic Engineer park development plan shall be reviewed Community Traffic Engineer recommendations and approved by the City of Dublin Traffic Services included in final Engineer to assure that no traffic design Department park development hazards are created and that circulation for plan.
bike, jogging, walking and other park uses
are not incompatible.

Iron Horse Park Project Page 9
Mitigation Monitoring and Reporting Program
City of Dublin
405
Budget Change Reference #:

From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other
Account Amount Account Amount
pk0422.9400.9401 (Improvements) $489,600
pk0422.4111 (35009510.49999) -
Community Nature Park Improvements
(Transfer in) $489,600
41119510.89101 - Community Park
Improvements (Transfer Out) $489,600
Posted By: Date:

As Presented at the City Council Meeting
**********Finance Use Only**********

CITY OF DUBLIN
The original Phase 1 budget for the project was $4,910,400, but after receiving bids and reviewing cost, staff is now projecting the cost to be $5,400,000, which includes a 10% contigency, to the construction contract. To address the potential shorfall, staff is requesting shifting of the Public Facilities Fee funding from Fiscal Year 2024-25 to current year, FY 2023-24, in the amount of $489,600 in order to facilitate timely payment to the contractor and consultants. If approved, the budget adjustment will be reflected in the revised CIP worksheet.

REASON FOR BUDGET CHANGE
FISCAL YEAR 2023-24

BUDGET CHANGE FORM

DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
Iron Horse Nature Park (PK0422)
City Council's Approval Required
ATTACHMENT 7
10/17/23
406

STAFF REPORT

CITY COUNCIL

Agenda Item 4.3
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Notice of City Engineer’s Receipt of Final Maps for Review for Tracts 8647, 8649, and 8650
Prepared by: Kan Xu, Senior Civil Engineer
EXECUTIVE SUMMARY:

The City Council will receive a notification of the City Engineer’s receipt of the Final Maps for review for Tracts 8647, 8649, and 8650, Francis Ranch Neighborhoods 3, 5, and 6.

STAFF RECOMMENDATION:

Receive the notification.

FINANCIAL IMPACT:

There is no impact to the General Fund.

DESCRIPTION:

In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the City Engineer’s receipt of the following Final Maps for review:

Tract Location Developer Number of
Units/Lots
Type
8647 Francis Ranch,
Neighborhood 3
TH East Ranch
Dublin, LLC
91 Lots Single Family
8649 Francis Ranch,
Neighborhood 5
TH East Ranch
Dublin, LLC
98 Lots Single Family
8650 Francis Ranch,
Neighborhood 6
TH East Ranch
Dublin, LLC
100 Units Multi-family
The Francis Ranch development (formerly East Ranch) is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent 407

to the City’s eastern city boundary. The development is being subdivided into six neighborhoods.

The developer has prepared final maps for neighborhoods 3, 5, and 6 (Tracts 8647, 8649, and 8650) which subdivide three large lot parcels into single family and multi-family lots. The final maps were submitted for review by Staff.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
408

STAFF REPORT
City Council

Agenda Item 4.4
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Quarry Lane Performing Arts Center (PLPA-2021-00041) Prepared by: Jeff Baker, Community Development Director EXECUTIVE SUMMARY:

On October 3, 2023, the City Council held a public hearing to consider the Quarry Lane School Performing Arts Center project located at 6237 and 6363 Tassajara Road. The project includes the construction of a 13,800-square-foot performing art center and related site, landscape, and parking improvements. The requested approvals include an amendment to the Planned Development Zoning Stage 1 and 2 Development Plans, Conditional Use Permit and Site Development Review Permit. The City Council adopted a Supplemental Mitigated Negative Declaration, approved a Conditional Use Permit and Site Development Review Permit, and introduced an Ordinance approving amendment to the Planned Development Zoning. The City Council is now being asked to waive the second reading and adopt the Ordinance approving the Planned Development Zoning Amendments.

STAFF RECOMMENDATION:

Waive the reading and adopt the Ordinance Amending the Zoning Map and Approving an Amended Planned Development Zoning District and Related Stage 1 and Stage 2 Development Plans for the Quarry Lane School.

FINANCIAL IMPACT:

All costs associated with the processing of this application are paid for by the applicant.

DESCRIPTION:

Background
The Quarry Lane School is located on approximately 12.6 acres on the east side of Tassajara Road at 6237 and 6363 Tassajara Road (Figure 1 below).
409

Figure 1: Project Site
The applicant proposes to construct a 13,800-square-foot performing arts center, a 126-space parking lot, and related site and landscape improvements. The proposed building will include a performance hall with seating for up to 350 people, along with drama, music, dance classes, and rehearsal studios for Quarry Lane School students. The new facility will provide a dedicated space to host the school’s existing performance art shows and events, as well as an improved space for high school commencement ceremonies. Currently, the school hosts approximately eight events annually, including the high school graduation ceremony. These events occur in the evenings and on weekends and are held in existing buildings on the campus. Implementation of the proposed project will not increase student enrollment capacity or change the frequency or capacity of such events but will provide a new modernized and dedicated facility to host these events. Attachment 2 includes a complete description of the project.

On October 3, 2023, the City Council held a public hearing and adopted Resolutions adopting a Supplemental Mitigated Negative Declaration and approving a Conditional Use Permit and Site Development Review Permit for the proposed performing arts center. The City Council also introduced an Ordinance adopting companion amendments to the Planned Development Zoning for the project.

The City Council is being asked to waive the second reading and adopt the Ordinance approving amendments to the Planned Development Zoning (Attachment 1). 410

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:
1) Ordinance Amending the Zoning Map and Approving an Amended Planned Development Zoning District and Related Stage 1 and Stage 2 Development Plans for the Quarry Lane School 2) City Council Staff Report dated October 3, 2023, without attachments 411
Attachment 1
ORDINANCE NO. xx – 23

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AMENDING THE ZONING MAP AND APPROVING AN AMENDED PLANNED DEVELOPMENT ZONING DISTRICT AND RELATED STAGE 1 AND STAGE 2

DEVELOPMENT PLANS FOR THE QUARRY LANE SCHOOL
PLPA-2021-00041
(APNS 985-0072-002-00 AND 985-0002-006-03)
The Dublin City Council does ordain as follows:

SECTION 1: RECITALS
A. The Applicant, Dr. Sabri Arac, is requesting an amendment to the Planned Development Zoning and related Stage 1 and Stage 2 Development Plans for the property located at 6237 and 6363 Tassajara Road. The proposed Project would expand the campus to include a new performing arts center on the Quarry Lane School. Requested approvals include a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan. These planning and implementing actions are collectively known as the “Quarry Lane Performing Arts Center Project” or the “Project.”
B. The 12.63-acre Project site (APN 985-0072-002-00 and 985-0002-006-03) is located in eastern Dublin, at 6237 and 6363 Tassajara Road.

C. The existing General Plan and Eastern Dublin Specific Plan land use designations are Medium-Density Residential.

D. On December 19, 2000, the City Council approved the Planned Development (PD) District Pre-zoning and Annexation application (PA-99-064) and adopted a Mitigated Negative Declaration (Resolution No. 204-00) for Phase II of the Quarry Lane School and a PD Pre-zone for the Kobold Property (Ordinance No. 24-00).

E. On June 17, 2014, the City Council adopted an Ordinance (No. 12-14) to amend the Zoning Map for PD Zoning District rezone and related Stage 1 and 2 Development Plan Amendments for the Quarry Lane School Phase III expansion and adopted an Initial Study and a CEQA Addendum (Resolution No. 18-14).

Ordinance No. 12-14 replaced Ordinance No. 24-00 except as it pertained to the Kobold Property (APN 985-0072-002-00).

F. The Project area was previously analyzed in the Eastern Dublin General Plan Amendment and Specific Plan, which was adopted in 1993 and has a certified Program EIR (SCH No. 91-103064) and analyzed in the Quarry Lane Master Plan, which was adopted in 1998 by the County of Alameda and has a certified EIR (SCH No. 97122109).

G. The City prepared a Supplemental Mitigated Negative Declaration for the Project, which reflected the City’s independent judgment and analysis of the potential environmental impacts of the Project. Prior CEQA analysis for the Project area 412
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 8 includes: the Eastern Dublin General Plan Amendment and Specific Plan, which was adopted in 1993 and has a certified Program EIR (SCH No. 91-103064) and analyzed in the Quarry Lane Master Plan, which was adopted in 1998 by the County of Alameda and has a certified EIR (SCH No. 97122109) H. Upon completion of the Initial Study, it was determined that there were new potentially significant impacts associated with the project related to noise and air quality and therefore a Supplemental Mitigated Negative Declaration was prepared to analyze those impacts and identify mitigation measures to reduce the impacts to less than significant.

I. The Supplemental Mitigated Negative Declaration/Initial Study was circulated for public review from July 5, 2023-August 4, 2023.

J. The City received one comment letter during the public review period.

K. The Planning Commission held a properly noticed public hearing on the Project, on September 12, 2023, at which time all interested parties had the opportunity to be heard.

L. On September 12, 2023, the Planning Commission adopted Resolution No. 23-08 recommending that the City Council adopt the Supplemental Mitigated Negative Declaration and approve amendments to the Planned Development Zoning and related Stage 1 and Stage 2 Development Plans, a Conditional Use Permit and Site Development Review Permit, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours.

M. On October 3, 2023, the City Council held a properly noticed public hearing on the project and the Supplemental Mitigated Negative Declaration at which time all interested parties had the opportunity to be heard.

N. A Staff Report dated October 3, 2023, and incorporated herein by reference, described and analyzed the project, including the amendment to the Planned Development Zoning District, Site Development Review Permit, and Supplemental Mitigated Negative Declaration for the City Council.

O. The City Council considered the Supplemental Mitigated Negative Declaration and all above-referenced reports, recommendations, and testimony before taking any action on the Project.

P. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth.

Q. Following a public hearing on October 3, 2023, the City Council adopted Resolution No. 105-23, approving the Supplemental Mitigated Negative Declaration for the Quarry Lane Performing Arts Center Project.

R. The City Council considered the Supplemental Mitigated Negative Declaration, and all above referenced reports, recommendations, and testimony prior to taking action 413
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 8 on the Project.

SECTION 2: FINDINGS
A. Pursuant to Section 8.32.070 the Dublin Municipal Code, the City Council finds as follows:

1. The Quarry Lane Performing Arts Center Project (“the Project”) Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is consistent with the General Plan and protects the integrity and character of the area by creating a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan.

The Project is planned comprehensively and will follow development standards tailored to the specific needs of the site. These standards will address issues such as building setbacks, architecture, landscaping and grading. The proposed development will blend with the natural features unique to the site through the use of design and planning.

2. Development of the Project under the Planned Development zoning will be harmonious and compatible with existing residential and semi-public development in the surrounding area in that the site will provide a dedicated performing arts space on an existing school campus.

B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows:

1. The Planned Development zoning for the Project will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed site plan has taken into account existing site development and uses and will provide a new performing arts center.

2. The Project site conditions were documented in the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993), Eastern Dublin General Plan Amendment and Specific Plan, which was adopted in 1993 and has a certified Program EIR (SCH No. 91-103064) and analyzed in the Quarry Lane Master Plan, which was adopted in 1998 by the County of Alameda and has a certified EIR (SCH No. 97122109) and the Supplemental Mitigated Negative Declaration that was prepared, and the environmental impacts that have been identified will be mitigated to the greatest degree possible.

3. The Planned Development zoning is consistent with the General Plan policies and the City’s Zoning Ordinance enacted for the public health, safety and welfare. The Project will not adversely affect the health or safety of persons residing or working in the vicinity nor will it be detrimental to public health, safety or welfare. The Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. Additionally, no noxious odors, hazardous materials, or excessive noises will be produced.
414
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 8

4. The Planned Development zoning is consistent with and in conformance with the Dublin General Plan land use designation of Medium Density which allows for private school uses.

SECTION 3. ZONING MAP AMENDMENT
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to Rezone the property described below to a Planned Development zoning district and supersedes and replaces the previously adopted Planned Development Zoning Ordinance No. 12-14 and Ordinance 24-00:

12.63 acres at 6327 and 6363 Tassajara Road. APN 985-0072-002-00 and 985-0002-006-03 (“The Property”). A map of the rezoning area is shown below:

SECTION 4. APPROVAL OF STAGE 1 AND STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 and Stage 2 Development Plan for the 12.63 acre property, which is hereby approved. Any amendments to the Stage 1 and Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code (DMC) or its successors.
415
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 8 Stage 1 and Stage 2 Development Plan
This is a Stage 1 and Stage 2 Development Plan pursuant to DMC Chapter 8.32. This Development Plan meets all the requirements for both a Stage 1 and Stage 2 Development Plan and is adopted as part of the Planned Development Rezone for the Quarry Lane Performing Arts Center Project (PLPA-2021-00041).

The Planned Development zoning district and this Stage 1 and Stage 2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of DMC Chapter 8.32 are satisfied.

1. Zoning. The Zoning for the subject property is PD-Planned Development (PLPA-2014- 00008).

2. Statement of Permitted Uses.

Permitted Uses (as defined by the Zoning Ordinance):

Private School:

1. Kindergarten through high school grades

2. After school care

3. Recreational play fields

4. Similar and related uses as determined by the Director of Community Development Conditional Uses:

1. A performing arts center for school programs

2. All conditional uses in the Dublin Zoning Ordinance for the R-1 Residential Zoning District are conditionally allowed uses in this Planned Development Zoning District.

Prohibited Uses:

1. All those not specifically listed herein as permitted or conditionally permitted. 416
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 8

3. Stage 1 and Stage 2 Site Plan.
417
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 8

4. Site Area, Proposed Densities, and Development Regulations.

Maximum Student
Population
950 students (200 Preschool and Kindergarten, 600 Elementary and Middle School, 150 High School)
Maximum Faculty and
Staff
55 No. of Classrooms 51
Maximum Building Area 124,402 square feet
Floor to Area Ratio .226
Parking Spaces 149 spaces (minimum required per parking analysis conducted in 2004) + 117 for the performing arts center
Maximum Building Height: 59 feet
Minimum Lot Size None
Maximum lot coverage 25%
Parking Stall Dimensions
Standards
Per Chapter 8.76 Off-Street Parking And Loading Regulations of the Dublin Zoning Ordinance
Minimum Setbacks 20’ front yard setback
9’8” side yard setback
20’ rear yard setback

5. Phasing Plan. The project site will be developed in one phase.

6. Preliminary Landscape Plan. As shown in the Site Development Review approvals for the various project phases and the Performing Arts Center (PLPA 99-064, PLPA-2014-0008, PLPA-2021-00041).

7. Architectural Standards . The design of future buildings on the project site shall be architecturally compatible with the existing Building 2 (Preschool and Elementary School) and Building 3 (Middle and High School Building) including the standing seam metal roof with decorative eave corbels and a simple cement plaster finish painted to match the existing buildings. The window design and placement on future buildings will also be complementary to the other buildings on the school campus.

8. Consistency with General Plan and any applicable Specific Plan. The proposed project is consistent with the General Plan and Eastern Dublin Specific Plan.

9. Inclusionary Zoning Regulations. The Inclusionary Zoning Regulations do not regulate non- residential projects, so therefore this is not applicable.

10. Aerial Photo. An aerial photo is on file with the Community Development Department.

11. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 1/2 Development Plan, the use, development, improvement and maintenance of the property shall be governed by the R-1 (Single Family Residential Zoning District) provisions of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C. No development shall occur on this property until a Site Development Review permit has been approved for the property. 418
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 8

12. Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply with all applicable action programs and mitigation measures of the Eastern Dublin Specific Plan and General Plan Amendment EIR, the Quarry Lane EIR, the Quarry Lane School Phase II expansion Mitigated Negative Declaration, the Quarry Lane School Phase III CEQA Addendum, and the Supplemental Mitigated Negative Declaration prepared for the Performing Arts Center Project.

SECTION 5. SEVERABILITY
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.

SECTION 6. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

SECTION 7. EFFECTIVE DATE
This ordinance shall take effect and be enforced thirty (30) days following its adoption.

PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 17 th day of October 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Mayor
ATTEST:
_____________________________
City Clerk
419
Attachment 2

STAFF REPORT
City Council

Agenda Item 6.1
DATE: October 3, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Quarry Lane Performing Arts Center (PLPA-2021-00041) Prepared by: Jeff Baker, Community Development Director EXECUTIVE SUMMARY:

The applicant, Dr. Sabri Arac of Quarry Lane School, proposes to construct a 13,800-square-foot performing arts center and related site, landscape, and parking improvements for the Quarry Lane School located at 6237 and 6363 Tassajara Road. The requested approvals include an amendment to the Planned Development Zoning Stage 1 and 2 Development Plans, a Conditional Use Permit, and a Site Development Review Permit. A Supplemental Mitigated Negative Declaration has been prepared for consideration as part of the project. The Planning Commission reviewed the project and unanimously recommended approval.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate and take the following actions: 1) adopt the Resolution Adopting a Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for a New Performing Arts Center at the Quarry Lane School; 2) waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving an Amended Planned Development Zoning District and Related Stage 1 and Stage 2 Development Plans for the Quarry Lane School; and 3) adopt the Resolution Approving a Conditional Use Permit and Site Development Review Permit for a New Performing Arts Center at the Quarry Lane School.

FINANCIAL IMPACT:

All costs associated with the processing of this application are paid for by the applicant. 420

DESCRIPTION:

Background
The Quarry Lane School is located on approximately 12.6 acres on the east side of Tassajara Road at 6237 and 6363 Tassajara Road. The school is located within the Eastern Dublin Specific Plan area and has Planned Development Zoning (Ordinance 12-14 and Ordinance 24-00). The project site has a General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential. The site is surrounded by open space, parkland, and residential uses as described in Figure 1 and Table 1 below. This includes an existing riparian area that borders the project site to the south. In 2020, the Quarry Lane School acquired the 2.6-acre property immediately to the south of the existing school site with the intent to expand their campus. The site, historically known as the Kobold Property, has a single-family home and associated outbuildings, which most recently was used as a landscape supply business. The Kobold Property is highlighted in orange with the existing school facilities shown immediately to the north on Figure 1.

Figure 1: Project Site
421

Table 1: Surrounding Land Uses
Location Zoning General Plan Land Use Current Use
North PD Medium Density – Residential
(6.1 -14 du/ac)
Single-Family Homes
South PD Open Space and Medium Density
– Residential
(6.1 -14 du/ac)
Open Space and Single-
Family Homes
East PD Open Space Open Space
West PD Open Space Open Space
In April 1999, prior to the site being annexed to the City of Dublin, Alameda County approved a Planned Development Zoning District to allow the development of the first phase of the Quarry Lane School. At the time, the proposed project included a 15,600-square-foot building for a day care, preschool, and elementary school with a maximum enrollment of 200 students. A programmatic Environmental Impact Report was certified by Alameda County for the Quarry Lane School Master Plan.

On December 19, 2000, the City Council adopted a Planned Development District pre-zoning and annexation application for the Quarry Lane School (Ordinance 24-00). This pre-zoning and annexation included both the Quarry Lane School and the Kobold Property. The approval included Phase II of the Quarry Lane School which allowed construction of an additional 66,685-square- foot middle and high school building, recreation areas, landscaping, and grading. This allowed the school to increase enrollment to 950 students including middle and high school students. The pre- zoning for the Kobold Property allowed for interim agricultural uses on the property until such time the property was redeveloped.

On May 25, 2004, the Planning Commission approved minor amendments to the Planned Development Zoning and a Site Development Review Permit to allow construction of Phase II of the Quarry Lane School (Resolution 04-46). These approvals allowed Phase II to be increased to 70,289 square feet of new building area (an increase from the 66,685 square feet approved in 2000). While the building area increased, the total maximum student population remained at 950 students.

On June 17, 2014, the City Council approved a Planned Development Rezone with a Stage 1 and 2 Development Plan (Ordinance 12-14) and a Site Development Review Permit for Phase III of the Quarry Lane School. These approvals allowed a maximum of 110,602 square feet of development and construction of the cafeteria and science buildings. The total maximum student population remained at 950 students.

In 2020, the Quarry Lane School purchased the Kobold Property to expand the campus. A lot merger was recorded on March 31, 2022 (Application No. M-2022-001, 2022065678), which merged the existing Quarry Lane School parcel and the Kobold Property to create one 12.6-acre parcel.
422

The applicant is currently requesting approval to construct a 13,800-square-foot performing arts center, a 126-space parking lot, and related site and landscape improvements on the former Kobold property. The requested entitlements include an amendment to the Planned Development Zoning, a Conditional Use Permit, and a Site Development Review Permit.

Analysis
The proposed building will include a performance hall with seating for up to 350 people, along with drama, music, dance classes, and rehearsal studios for Quarry Lane School students. The new facility will provide a dedicated space to host the school’s existing performance art shows and events, as well as an improved space for high school commencement ceremonies. Currently, the school hosts approximately eight events annually, including the high school graduation ceremony.

These events occur in the evenings and on weekends and are held in existing buildings on the campus. Implementation of the proposed project will not increase student enrollment capacity or change the frequency or capacity of such events but will provide a new, modernized, and dedicated facility to host these events.

Planned Development Zoning
The application includes an amendment to the Planned Development Zoning Stage 1 and Stage 2 Development Plans. The proposed amendment will apply the existing Planned Development Zoning for the Quarry Lane School to the expanded school site which includes the former Kobold Property, and amends the Stage 1 and Stage 2 Development Plan to allow for development of the Performing Arts Center and related improvements.
423

Figure 2. Expanded Campus
The Planned Development Zoning is proposed to be amended and restated as shown in Attachment 4. However, the proposed amendments to the Planned Development Zoning are limited to the following, which enable development of the performing arts center but do not increase the student enrollment capacity:
 Incorporate in the Planned Development Zoning District the recently acquired 2.6-acre site immediately to the south of the school, formerly known as the Kobold property (Attachment 4, Section 3);
 Add a school performing arts center as a conditionally permitted use (Attachment 4, Section 4.2);
 Increase the Maximum Building Area from 110,602 square feet to 124,402 square feet (Attachment 4, Section 4.4);
 Decrease the Floor-to-Area Ratio from 0.253 to 0.226 (Attachment 4, Section 4.4); and  Adjust the Parking Spaces requirement to include the 117 parking spaces required for the performing arts center (Attachment 4, Section 4.4).

The Ordinance approving the proposed amendments to the Planned Development Zoning is included as Attachment 4.
424

Conditional Use Permit
The Planned Development Zoning, as amended, allows a performing arts center at the school as a conditionally permitted use. A Conditional Use Permit enables the City to place conditions of approval on a project to ensure that the operating characteristics are compatible with surrounding uses. The proposed project has been reviewed for issues related to operating characteristics, access and parking. Conditions of approval have been placed on the project, where appropriate, to ensure compatibility with the surrounding uses.

The proposed performing arts center will provide a dedicated space to host the school’s existing performance art shows and events, as well as an improved space for high school commencement ceremonies. The new building will be used to support only the existing arts programs at the school, thus there will be no increase in school enrollment capacity or change in day-to-day operations.

A new, right-in-only driveway is proposed on Tassajara Road. Vehicles will continue to exit the school using the existing signalized intersection that provides access to the school. Conditions of approval have been included to ensure the driveway is designed and operated as a right-in-only (Attachment 5, Conditions 28 and 29). Parking requirements are regulated by the Zoning Ordinance (Section 8.76.080.D), which requires one space per three fixed seats, or 117 spaces for the proposed facility. The proposed project is not anticipated to increase the existing demand for parking because it will host functions that already occur at the school. However, the proposed project does include an additional 126 parking spaces, which exceeds the requirement.

The Resolution approving the Conditional Use Permit is included as Attachment 5.

Site Development Review Permit
Site Layout, Circulation & Parking
The proposed 13,800-square-foot performing arts center will be located to the south of the existing school buildings and the 126 additional parking spaces would be located east and south of the proposed performing arts center. Access to the site is proposed from Tassajara Road via a new right-in-only driveway at the southern end of the project site. An internal drive aisle will connect to the existing school parking lot to the north. Vehicles will continue to exit the site from the existing signalized entry and exit on Tassajara Road. Figure 3 below shows the proposed project in context with the existing school. A new auxiliary lane will be provided to facilitate access to this new driveway. The applicant will construct this auxiliary lane unless the City’s Tassajara Road gap closure project is completed first. The gap closure project is in the planning phase to build Tassajara Road to its ultimate width in the area of the school.

Paved pedestrian walkways will be provided to connect the parking area with the proposed performing arts center, as well as to provide pedestrian connections to proposed sidewalks along Tassajara Road. Safety and security lighting will be provided along pedestrian pathways, around the new building and in the parking area. Drive aisle and parking area lighting will consist of 15- foot-high, pole-mounted LED lights. Lighting for pedestrian pathways will consist of three-foot- high bollards.
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The parking requirement for the school is based on the Off-Street Parking and Loading Regulations in the Zoning Ordinance (Section 8.76.080.D). The requirement is to provide one space per three fixed seats. The 350-seat performing arts center has a requirement to provide 117 parking spaces. The applicant proposes to provide 126 new parking spaces to accommodate this requirement.

Figure 3: Proposed Site Plan
Architecture
The architecture for the new building is characterized as modern with simple lines and will be integrated into the overall campus design (see Figure 4 below). The side and front facades, most visible from Tassajara Road, consistent of a prominent roofline and large canopy providing cover for vehicle pickup and drop off. The materials of the new building will match the existing campus buildings. The stucco siding will be painted to match the existing campus buildings and the standing seam metal roof color will complement the roof of the other school buildings. The window design and placement will also compliment the other buildings on the school campus to create a unified aesthetic.
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Figure 4: Proposed West Elevation
Landscaping
The proposed landscape design includes a landscape buffer along Tassajara Road with trees and shrubs, including coast live oak, glossy abelia, Point Reyes creeper, and desert carpet. Existing street trees on the Tassajara Road frontage would be retained and the landscaping enhanced.

Landscape plantings, including a variety of trees, shrubs, flowering perennials, and grasses would be provided around the building and in the parking lot. In addition, the proposed project includes several landscaped stormwater basins totaling approximately 3,460 square feet. Stormwater basins would include Berkeley sedge, blue rush, and blue wild rye. A three-inch layer of wood mulch would be provided adjacent to the existing riparian area associated with an unnamed tributary that borders the project site to the south. A rail fence would be provided along the edge of a City-required creek setback to prevent intrusion into the riparian area.

The Resolution approving the Site Development Review Permit is included as Attachment 5 with the project plans included at Attachment 6.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing on September 12, 2023 to consider the proposed project. Four community members spoke in support of the project. The Planning Commission voted unanimously to recommend that the City Council approve the project (Attachment 7).

ENVIRONMENTAL DETERMINATION:

Development of the project site was previously addressed in the Eastern Dublin General Plan Amendment (EDGPA) and the Eastern Dublin Specific Plan Environmental Impact Report (EDSP EIR) for which the City Council certified an Environmental Impact Report (EIR) and an addendum on August 22, 1994. Pursuant to Resolution No. 53-93, the City Council adopted a Mitigation Measures and Monitoring Program, which continue to apply to development in Eastern Dublin.

The City Council also adopted a Statement of Overriding Considerations in connection with certification of the 1993 EDGPA/EDSP Environmental Impact Report. 427

Consistent with the requirements of the California Environmental Quality Act (CEQA) including Section 21166 and related CEQA Guidelines Sections 15162 and 15163, the City prepared an Initial Study to determine whether additional environmental review was required for the proposed Quarry Lane School Performing Arts Center Project. Pursuant to CEQA Guidelines Section 15163, the City determined that the environmental impacts associated with the proposed project would be the same as or similar to those identified in the EDSP EIR and mitigated to less- than-significant levels with implementation of the mitigation measures identified in the EDSP EIR.

New impacts were identified in the following environmental areas: air quality and noise. None of these impacts would result in significant effects that cannot be mitigated to less-than-significant levels with implementation of project-specific mitigation measures, the Initial Study/Supplemental Mitigated Negative Declaration. Therefore, the City has determined that the proposed project requires a Supplemental Mitigated Negative Declaration, in compliance with Public Resource Code Section 21166 and CEQA Guidelines Section 15163. The Supplemental Mitigated Negative Declaration/Initial Study was circulated for a public review period from July 5, 2023, to August 4, 2023. One comment letter was received from Zone 7.

The resolution adopting a supplemental mitigated negative declaration and mitigation monitoring and reporting program for the performing arts center is attached as Attachment 1, with the Supplemental Mitigated Negative Declaration included as Attachment 2 and the Mitigation and Monitoring Program included as Attachment 3.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

A Planning Application sign was posted on the project site and the project was also included on the City’s development projects webpage.

Two City-led Community Meetings were held on August 8 and August 9, 2023, to provide Dublin residents with information about the proposed project. Four residents attended the meeting on August 8 and three residents attended the meeting on August 9. Staff provided a presentation that included an overview of the proposed project.

In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and this public hearing. A public notice was also published in the East Bay Times and posted at several locations throughout the City. This Staff Report was made available on the City’s website and a copy provided to the Applicant. The City Council Agenda was posted.

STRATEGIC PLAN INITIATIVE:

None.

ATTACHMENTS:
1) Resolution Adopting a Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for a New Performing Arts Center at the Quarry Lane School 2) Exhibit A to the Resolution - Supplemental Mitigated Negative Declaration 428

3) Exhibit B to the Resolution - Mitigation Monitoring and Reporting Program 4) Ordinance Amending the Zoning Map and Approving an Amended Planned Development Zoning District and Related Stage 1 and Stage 2 Development Plans for the Quarry Lane School 5) Resolution Approving a Conditional Use Permit and Site Development Review Permit for a New Performing Arts Center at the Quarry Lane School
6) Exhibit A to the Resolution - Plans Prepared by BKBC Architects Inc. 7) Planning Commission Resolution Recommending the City Council Approve Performing Arts Center at Quarry Lane School
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STAFF REPORT

CITY COUNCIL

Agenda Item 4.5
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: State Transportation Improvement Program (STIP) Grant Application for the Village Parkway Reconstruction and Complete Streets Project, CIP No.

ST0323
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:

The City Council will consider authorizing the City Manager, or designee, to file an application for grant funds from the State Transportation Improvement Program (STIP) for the Village Parkway Reconstruction and Complete Streets Project, CIP No. ST0323.

STAFF RECOMMENDATION:

Adopt the Resolution Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurances to Complete the Village Parkway Reconstruction and Complete Streets Project, CIP No. ST0323.

FINANCIAL IMPACT:

As approved in the 2022-2027 Capital Improvement Program Update (CIP), the total budget for the Village Parkway Reconstruction project is $18,350,000, funded by a General Fund Reserve, State Gas Tax, and the Measure BB Local Streets Fund, with $7,500,000 in funding not yet identified. Recent preliminary engineering for the project now estimates total project costs to be $20,000,000, increasing the funding gap to $9,150,000. The State Transportation Improvement Program (STIP) grant, if awarded, will help close the current funding shortfall for the project.

DESCRIPTION:

The 2022-2027 Capital Improvement Program Update includes the Village Parkway Reconstruction project, CIP No. ST0323. The project includes the planning, design, and construction to replace the existing pavement and streetscape elements, transforming the segment of Village Parkway from Amador Valley Boulevard to the northern City limits to a pedestrian and bike-friendly roadway, incorporating complete street elements such as median 430

and buffer islands, bulb outs, high visibility crosswalks, street furniture, and Americans with Disabilities Act (ADA) upgrades.

In fall 2022, Staff and consultants began the planning and preliminary engineering phase of the project, which includes developing a conceptual plan, meeting with various stakeholders, gathering traffic, pavement, and soil data, and seeking grant funding. To date, Staff has submitted grant applications for the Alameda County Transportation Commission (Alameda CTC) 2024 Comprehensive Investment Plan and the Metropolitan Transportation Commission (MTC) One Bay Area Grant 3 (OBAG 3). The project was not selected to receive funding from either grant program.

The January 2023 Dublin Bicycle and Pedestrian Plan includes a recommended project to study Village Parkway, between Amador Valley Boulevard and the northern city limit, to determine whether a Class I bikeway (multi-use path) or a Class IV bikeway (separated bike lane, protected bike lane) is appropriate and feasible. Feedback from stakeholders, such as the Countywide Bicycle and Pedestrian Advisory Committee (BPAC), Dublin High School, and Livermore Amador Valley Transit Authority (LAVTA), has encouraged the pursuit of a Class I or Class IV bikeway, as well as enhanced improvements for pedestrians and for mass transit. By incorporating such bikeway, sidewalk, and mass transit improvements that benefit pedestrians, bicyclists, and transit users, the project will comply with the Metropolitan Transportation Commission’s (MTC) Complete Streets Policy (MTC Resolution No. 4493). The current preliminary concept plan includes incorporating protected bike lanes, bus turnouts, pedestrian-friendly sidewalks and refuges, and other complete streets design features.

By complying with MTC’s Complete Streets Policy, the project is better suited to compete for several funding programs, such as the State Transportation Improvement Program (STIP). The STIP is a multi-year capital improvement program of transportation projects on and off the State Highway System, funded with revenues from the State Highway Account and other funding sources administered by the California Transportation Commission (CTC), including Senate Bill 1 (SB 1). Based on the State’s 2024 STIP Fund Estimate, approximately $64.2 million of new programming capacity is anticipated for Alameda County of which $43.8 million is anticipated to be available for programming to projects.

On September 22, 2023, Staff submitted the Village Parkway Reconstruction and Complete Streets Project in response to Alameda CTC’s Request for Information (RFI) for the 2024 STIP.

Responding to the RFI is an initial step in applying for a STIP grant. The City is required to adopt a resolution of local support and submit it with the STIP grant application, which will be due later this calendar year. Adoption of the resolution of local support requires the City to state, among other things, that it is committed to providing matching funds and to providing adequate staffing resources to deliver and complete the project. If the project is selected to receive STIP funds, funding for construction will be available in Fiscal Year 2027-28.

STRATEGIC PLAN INITIATIVE:

None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Authorizing the Filing of an Application for Funding Assigned to MTC and Committing Any Necessary Matching Funds and Stating Assurances to Complete the Village Parkway Reconstruction and Complete Streets Project, CIP No. ST0323 2) CIP No. ST0323
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Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 4 RESOLUTION NO. XX – 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC AND

COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCES TO

COMPLETE THE VILLAGE PARKWAY RECONSTRUCTION AND COMPLETE STREETS PROJECT, CIP NO. ST0323
WHEREAS, the City of Dublin (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $9,150,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Carbon Reduction Program (CRP) funding, Transportation Alternatives (TA) set- aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Village Parkway Reconstruction and Complete Streets Project (herein referred to as PROJECT) for the Surface Transportation Improvement Program (herein referred to as PROGRAM); and
WHEREAS, the United States from time to time enacts and amends legislation to provide funding for various transportation needs and programs (collectively, the FEDERAL TRANSPORTATION ACT), including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149), the Carbon Reduction Program (CRP) (23 U.S.C. § 175), and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
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Reso. No. XX-23, Item X.X, Adopted 10/17/2023 Page 2 of 4 WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
 the commitment of any required matching funds; and
 that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and  that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and
 the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
 that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and  that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
 that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
 in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA); and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin authorizes the City Manager or designee to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding, and make any necessary, non-substantive changes to carry out the intent of this resolution.
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Reso. No. XX-23, Item X.X, Adopted 10/17/2023 Page 3 of 4 BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds.

BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the PROJECT is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING.

BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective County Transportation Agency (CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT.

BE IT FURTHER RESOLVED that the PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP.

BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application.

BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM.

BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the County Transportation Agency (CTA).

BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects.

BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT.

BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making applications for the funds.

BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT.

BE IT FURTHER RESOLVED that APPLICANT authorizes its City Manager or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution.
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Reso. No. XX-23, Item X.X, Adopted 10/17/2023 Page 4 of 4 BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application.

BE IT FURTHER RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming.

PASSED, APPROVED AND ADOPTED this 17th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Number ST0323 Program GENERAL
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE

YEARS T
OTALS
9100 $45,032 $49,920 $64,480 $89,440 $248,872
9200 $254,968 $250,000 $1,000,080 $1,000,000 $510,560 $3,015,608 9400 $10,000,000 $5,000,000 $15,000,000
9500 $85,520 $85,520
$300,000 $250,000 $1,050,000 $11,150,000 $5,600,000 $18,350,000 PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE

YEARS T
OTALS
1101 $300,000 $250,000 $1,000,000 $8,450,000 $10,000,000 2201 $50,000 $250,000 $100,000 $400,000
2214 $250,000 $200,000 $450,000
9998 $2,200,000 $5,300,000 $7,500,000
$300,000 $250,000 $1,050,000 $11,150,000 $5,600,000 $18,350,000

ANNUAL OPERATING IMPACT
State Gas Tax
Salaries & Benefits
Contract Services
Improvements
2022-2027 CAPITAL IMPROVEMENT PROGRAM

VILLAGE PARKWAY RECONSTRUCTION
TOTAL
Measure BB Sales Tax -
Local Streets Fund
Unidentified
Miscellaneous

ESTIMATED COSTS

FUNDING SOURCE
TOTAL
General Fund
Designation

PROJECT DESCRIPTION
This project provides for the planning, design, and construction of the replacement of the existing streetscape elements on Village Parkway between Amador Valley Boulevard and the northern city limit (approximately 6,000 linear feet). The project will transform the segment of Village Parkway between Amador Valley Boulevard and Kimball Avenue to a pedestrian and bicycle friendly roadway, which will incorporate complete streets elements such as median islands, bulbouts, decorative or high visibility crosswalks, and street furniture. The work may include the reconstruction of the median island; reconstruction of the roadway base immediately adjacent to the median island; reconstruction necessary for sidewalks improvements, ADA upgrades to curb ramps, curb, and gutter, necessary utility work; landscaping; stormwater improvements; and new pavement for the roadway.

The first item of work, which began in Fall 2022, consists of preliminary level planning and environmental assessment and the evaluation of potential outside funding sources to provide for the current funding shortfall.

ANNUAL OPERATING IMPACT: TBD
MANAGING DEPARTMENT: Public Works
Attachment 2
437

STAFF REPORT

CITY COUNCIL

Agenda Item 4.6
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Second Amendment to the Energy Savings Performance Contract with Willdan Energy Solutions for the Citywide Energy Improvements Project, CIP No. GI0121
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving a second amendment to the Energy Savings Performance Contract with Willdan Energy Solutions for the Citywide Energy Improvements Project, CIP No.

GI0121.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Second Amendment to the Energy Savings Performance Contract with Willdan Energy Solutions for the Citywide Energy Improvements Project, CIP No.

GI0121.

FINANCIAL IMPACT:

Approval of the recommended action would increase the potential change order amount by an estimated $1,500,000, for the items shown in the table below. Funds to cover these contract change orders are available in the approved 2022-2027 Capital Improvement Program budget for the Citywide Energy Improvements Project (CIP No. GI0121). There is no increase to the total project budget.
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Potential Change Order Description
Estimated
Amount
Library Roof Repair $300,000
Senior Center Electrical/IT Room Cooling $30,000
City Hall Parking Lot Modifications $928,000
Additional LED Street Lights $25,000
Dublin Sports Grounds Additional EV Chargers $200,000
TOTAL $1,500,000
DESCRIPTION:

On November 17, 2020, the City Council approved a Design-Build Energy Savings Performance Contract with Willdan Energy Solutions (WES) (Resolution No. 115-20), Inc. to proceed with an Investment Grade Audit (IGA) to develop energy efficiency and infrastructure improvement projects. On June 1, 2021, the City Council received a presentation of the results of the IGA and recommended projects to implement. The City Council directed Staff to explore project funding and proceed with the list of recommended projects for implementation.

On July 20, 2021, the City Council approved an Amendment to the Design-Build Energy Savings Performance Contract with WES (Resolution No.94-21) to proceed with the second phase, project implementation, and to construct the energy reduction, core facility infrastructure, and resiliency upgrade projects. On September 21, 2021, the City Council approved the issuance of lease revenue bonds to finance the energy efficiency capital improvements (Resolution No. 114-21).

During final design, permitting, and construction of the improvements, it was determined that additional work to existing City facilities in support of the new improvements is needed. Also, because the City will receive federal grant funds that can be used to increase the number of electric vehicle (EV) chargers being installed by the project and used to further progress on the Climate Action Plan goals, additional EV charging station project work is desired. The location and description of the additional work is described below:
 Library Roof Repair: Prior to placing new solar panels and HVAC units, the existing roof needed repair.
 Senior Center Electrical/IT Room Cooling: During a heatwave in August 2022, the temperature in the existing Senior Center electrical/IT room exceeded the operating thresholds of some equipment, resulting in degraded performance of networking and communications equipment. The room needs a new, dedicated cooling system.  City Hall Parking Lot Modifications: The existing fenced and gated parking area, built for and formerly used by Dublin Police Services, needs to be modified to accommodate public access, new EV charging stations, and new solar photovoltaic (PV) canopies.  Additional LED Streetlights: Fifty-two additional streetlights requiring conversion to LED fixtures were identified during field review of the existing streetlight system in the Dublin 439

Ranch Street Light District 1999-1.
 Dublin Sports Grounds Additional EV Chargers: The City will receive federal funds from the Department of Energy, State and Community Energy Program, Energy Efficiency and Conservation Block Grant (EECBG) Program. EECBG funds can be used for equipment rebates. The EECBG funds will be used to support the purchase and installation of two additional DC fast chargers at Dublin Sports Grounds.

The Department of Energy, State and Community Energy Program, EECBG Program is part of the Infrastructure Investment and Jobs Act of 2021 and includes $440 million in formula and competitive grants design to assist states, local governments, and tribes in implementing strategies to reduce energy use, reduce fossil fuel emissions, and to improve energy efficiency.

Nationally, counties and cities are allocated $299,200,000 of EECBG program funds and the City of Dublin is eligible for $127,230 based on the program funding formula.

To accomplish the additional work identified during final design, permitting, and construction of the improvements, Staff recommends amending the contract with WES to allow for changes in the scope of work. Staff also recommends that the City Council authorize the City Manager to execute the contract change orders for work items listed above, and since the project is not yet complete, any additional change orders due to any unforeseen conditions that are not yet known at this time, if the additional change orders are within the approved project budget.

Construction Status
The Citywide Energy Improvements Project, CIP No. GI0121 has completed construction of several project components, including the following:
 Sports fields and courts lighting at Dublin Sports Grounds, Emerald Glen Park, Fallon Sports Park, and Kolb Park.
 Solar panels at the Corp Yard, Dublin Sports Grounds, Fallon Sports Park, Fire Stations 17 and 18, and the Library.
 Heating, air conditioning and controls upgrades at Fire Stations 16, 17, and 18, Heritage Park and Museum, the Library, and the Senior Center.
 Pool control systems firmware upgrade at The Wave.
 Interior and exterior LED lighting at the Corp Yard, Dublin Sports Grounds, Emerald Glen Park, Fallon Sports Park, Fire Stations 16, 17, and 18, Kolb Park, the Library, the Senior Center, Shannon Community Center, and The Wave.
 Park lighting at Alamo Creek Park, Bray Commons Park, Dolan Park, Emerald Glen Park, Heritage Park and Museum, Mape Memorial Park, Shannon Park, and Ted Fairfield Park.  Street lighting conversion to LED of 1,626 lights in the Dublin Ranch Street Light District 1999-1.
 Traffic signal resiliency at 11 intersections with battery back-up and 11 intersections with hydrogen fuel cell system back-up.
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 Generators for emergency back-up power at Fire Station 16, the Library, and Shannon Community Center.
 Battery energy storage system (BESS) at the Corporation Yard.

Project components that are in construction, or have not started construction yet, are:
 Microgrid at the Wave and BESS at Civic Center
 Solar PV at Public Safety Complex and Civic Center
 EV charging systems at Public Safety Complex and Dublin Sports Grounds  Generators at Fire Stations 17 and 18
The remaining project components at the Civic Center will begin after substantial completion of the Dublin Arts Center. The Civic Center will get 232 kW of additional solar PV canopies and a BESS.

STRATEGIC PLAN INITIATIVE:

Strategy 3: Infrastructure Maintenance and Reinvestment Objective b: Provide on-going condition assessments of aging city facilities and assets.

Objective e: Continue to implement measures identified in the Climate Action Plan NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of this Staff Report was provided to Willdan Energy Solutions.

ATTACHMENTS:
1) Resolution Approving a Second Amendment to the Energy Savings Performance Contract with Willdan Energy Solutions for the Citywide Energy Improvements Project, CIP No. GI0121 2) Exhibit A to the Resolution - Second Amendment to the Energy Savings Performance Contract with Willdan Energy Solutions
3) Energy Savings Performance Contract with Willdan Energy Solutions 4) Amendment to the Energy Savings Performance Contract with Willdan Energy Solutions 5) CIP No. GI0121
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Attachment 1
Reso. No. XX-23, Item X.X, Adopted 10/17/2023 Page 1 of 2 RESOLUTION NO. XX – 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A SECOND AMENDMENT TO THE ENERGY SAVINGS PERFORMANCE

CONTRACT WITH WILLDAN ENERGY SOLUTIONS FOR THE CITYWIDE ENERGY IMPROVEMENTS PROJECT, CIP NO. GI0121
WHEREAS, on November 16, 2020, the City Council approved a Design-Build Energy Savings Performance Contract with Willdan Energy Solutions to proceed with an Investment Grade Audit to develop energy efficiency and infrastructure improvement projects; and WHEREAS, June 21, 2021, the City Council received a presentation of the results of the Investment Grade Audit, recommended projects to implement, and directed Staff to proceed with the list of recommended projects for implementation; and WHEREAS, on July 20, 2021, the City Council approved an amendment to the Design- Build Energy Savings Performance Contract to proceed with the second phase, project implementation, and to construction the energy reduction, core facility infrastructure, and resiliency upgrade projects; and
WHEREAS, during final design, permitting, and construction of several projects, it was determined that additional work to existing City facilities in support of the new improvements is needed; and
WHEREAS, during construction, the City of Dublin became eligible for Department of Energy, State and Community Energy Program, Energy Efficiency and Block Grant Program funds in the amount of $127,203, which can be used to support the purchase and installation of electric vehicle charging stations as part of the Citywide Energy Improvements Project, CIP No. GI0121; and
WHEREAS, a second amendment to the Design-Build Energy Savings Performance Contract is required to add, modify, or make changes to the scope of work.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the second amendment to the Energy Savings Performance Contract with Willdan Energy Solutions, attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A, and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize use of available funds from the Citywide Energy Improvements Project, CIP No. GI0121, and adopted budget for Fiscal Year 2023-24 for the additional improvements.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve Contract Change Orders with Willdan Energy Solutions.
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Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 17th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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City of Dublin : Energy Savings Performance Contract | Page 1

EXHIBIT A PERFORMANCE CONTRACT AMENDMENT
This Second Amendment is incorporated into the accompanying Energy Savings Performance Contract dated the 20th day of November, 2020 and first Amendment, dated July 27, 2021, (collectively, the “Agreement”) for the following:

PROJECT: City of Dublin Energy Reduction, Core Facility Infrastructure & Resiliency Upgrades THE CUSTOMER: City of Dublin
THE PERFORMANCE CONTRACTOR: Willdan Energy Solutions, Inc. (WES) The Customer and Performance Contractor hereby amend the Agreement as follows.

1. CHANGE IN SCOPE OF WORK:
a) Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition, or deletion is approved in advance and in writing by a valid, mutually -agreed amendment or Contract Change Order executed by the Parties.
b) WES specifically understands, acknowledges, and agrees that the Customer shall have the right to request any reasonable alterations, deviations, reductions, or additions to the Project which are consistent with the agreed Scope of Work, and the cost thereof shall be added to or deducted from the amount of the Contract Price by mutual agreement. c) WES also agrees to provide the Customer in the form of a Proposed Change Order, as defined below, with all information requested to substantiate the cost of the amendment or Contract Change Order and to inform the Customer. In addition to any other information requested, WES shall submit, prior to approval of the amendment or Contract Change Order, its request for a time extension (if any), as well as all information necessary to substantiate any alleged delay in the completion of the Work

2. PROPOSED CHANGE ORDER
a) Definition of Proposed Change Order. A Proposed Change Order (“PCO”) is a written request prepared by WES requesting that the Customer issue an amendment or Contract Change Order (“CCO”) based upon a proposed change to the Work. b) Changes in Contract Time. A PCO shall also include any changes in time required to complete the Project.

This Second Amendment to the Agreement entered into as of the day and the year first written above.

WES CUSTOMER
Signed Signed
Name Name
Date Date
5484718.2
Attachment 2
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City of Dublin : Energy Savings Performance Contract | Page 1

DESIGN-BUILD ENERGY SAVINGS PERFORMANCE CONTRACT
This Design-Build Energy Savings Performance Contract (the “Contract”) is made and entered into as of this day of , 202 , between the Performance Contractor: Willdan Energy Solutions, a California corporation (“WES”), and City of Dublin, a California municipal corporation (“Customer”), for the purpose of installing certain energy, water or other operating cost saving equipment described in SCHEDULE A (SCOPE OF WORK), and providing other services designed to save energy, water or other operating costs for the Customer’s property and buildings (the “Premises”).

RECITALS
WHEREAS, Customer owns and operates the Premises, and is in need of energy saving equipment and service designed to save costs at said Premises;
WHEREAS, WES has made an assessment of the energy consumption characteristics of the Premises and existing equipment; WHEREAS, Customer desires to retain WES to purchase, install and service certain equipment of the type or class described in SCHEDULE A (SCOPE OF WORK), attached hereto and made a part hereof and to provide other services for the purpose of achieving cost reductions within Premises, as more fully set forth herein; and WHEREAS, Customer is authorized under the Constitution and the laws of the State of California to enter into this Contract for the purposes set forth herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound hereby, customer and WES hereto covenant and agree as follows: energy savings performance contract documents SECTION 1 PERFORMANCE CONTRACT DOCUMENTS
Section 1.1 The Performance Contract Documents (hereinafter, “ESPC Documents”) consist of this Agreement between Customer and WES and its attached Schedules and Exhibits (hereinafter, the "Contract"); other documents listed in this Agreement; and Modi ¿cations issued after execution of this Agreement. A Modi ¿cation is (1) a written amendment to the Contract signed by both parties, including the Performance Contract Amendment, (2) a Change Order, or (3) a Change Directive.

Section 1.2 The ESPC Documents form the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modi ¿ed only by a Modi ¿cation. The ESPC Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Customer and WES.

Section 1.3 Attachments, Schedules, Exhibits, and Appendices: WES has prepared and Customer has approved and accepted the Schedules as set forth below, copies of which are attached hereto and made part of this Contract by reference.

Note: Some Schedules, Exhibits and Appendices will be supplied in a later project Phase.

Schedules
SCHEDULE A. SCOPE OF WORK
SCHEDULE B. COMPENSATION TO WES (Broken out by phase)
SCHEDULE D. INSURANCE REQUIREMENTS
SCHEDULE E. ENERGY SAVINGS GUARANTEE (Completed with EXHIBIT 1.) SCHEDULE F. BASELINE ENERGY CONSUMPTION (Completed with EXHIBIT 1.) SCHEDULE G. SAVINGS MEASUREMENT & CALCULATION FORMULAE; METHODOLOGY TO ADJUST BASELINE (Completed with EXHIBIT 1.)
Exhibits
EXHIBIT 1. PERFORMANCE CONTRACT AMENDMENT (Proposed at the conclusion of the IGA Phase) EXHIBIT 2. CERTIFICATE OF SUBSTATIAL COMPLETION
EXHIBIT 3. CERTIFICATE OF ACCEPTANCE – PROJECT FINAL COMPLETION WK 1RYHPEHU

Attachment 3
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City of Dublin : Energy Savings Performance Contract | Page 2 SECTION 2 THE WORK OF THE ENERGY SAVINGS PERFORMANCE CONTRACT Section 2.1 The term "Work" means the design, engineering, constr uction and related services required to fulfill WES’s obligations under the ESPC Documents, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by WES.

Section 2.2 WES shall fully execute the Work described in the ESPC Documents, except to the extent specifically indicated in the ESPC Documents to be the responsibility of others.

Section 2.3 WES shall perform all Work through Contractors or through the WES’s own forces.

Section 2.4 WES shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities in effect at the time of Contract or Amendment execution as applicable. If WES performs Work contrary to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, WES shall assume responsibility for such Work and shall bear the costs attributable to correction.

SECTION 3 PHASES OF THE WORK
Section 3.1 Work shall be performed in three phases:
x The Investment Grade Audit (“IGA”) Phase
x The Construction Phase
x The Performance Guarantee Phase
outlined in SCHEDULE A (SCOPE OF WORK). WES will commence work for the IGA Phase upon execution of this ESPC Agreement. The Construction and Guarantee Phases will commence at the conclusion of the IGA Phase upon the execution of EXHIBIT 1 (PERFORMANCE CONTRACT AMENDMENT).

Section 3.2 The Scope of Work and Fee for each phase is defined in SCHEDULE A (SCOPE OF WORK) and SCHEDULE B (COMPENSATION TO WES) respectively.

SECTION 4 ENERGY USAGE RECORDS AND DATA
Section 4.1 Customer has furnished or shall furnish (or cause its energy suppliers to furnish) to WES, upon its request, all of its records and complete data concerning energy usage and energy-related maintenance for the Premises, including the following data for the most current twenty-six (26) month period; utility records; occupancy information; descriptions of any changes in the building structure or its heating, cooling, lighting or other systems or energy requirements; descriptions of all energy consuming or saving equipment used in the Premises; bills and records relating to maintenance of energy-related equipment, and a description of energy management procedures presently utilized. If requested, Customer shall also provide any prior energy audits o f the Premises, and copies of Customer’s financial statements and records related to energy usage and operations for said 26-month period at said Premises, and shall make agents and employees familiar with such records available for consultations and discussions with WES.

SECTION 5 COMMENCEMENT DATE AND TERMS
Section 5.1 Commencement Date: The effective date of this agreement is the date of the agreement’s last signature.

Section 5.2 Construction Phase: The Construction Phase will be a term set forth in EXHIBIT 1. (PERFORMANCE CONTRACT AMENDMENT).

Section 5.3 Warrantee Commencement: Warrantees commence on the date of Substantial Completion, as defined in SCHEDULE B (COMPENSATION TO WES), of the portion of the Project as established by the issuance of the Certificate of Substantial Completion.

Section 5.4 Guarantee Phase: The Guarantee Phase will begin upon submission of the Certificate of Acceptance – Project Completion and end in accordance with EXHIBIT 1. (PERFORMANCE CONTRACT AMENDMENT).

Section 5.5 Weather disruptions, availability of necessary equipment, remediation of hazardous materials, and other delays beyond the control of WES shall not count toward the Construction Period. The completion dates will be modified by change order for these events.

SECTION 6 CONTRACT SUM
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City of Dublin : Energy Savings Performance Contract | Page 3 Section 6.1 The Contract Sum is the amount to be paid to WES for the performance of the Work. This amount includes:
x Stipulated Sum amount for the IGA Phase services as identified in SCHEDULE B (COMPENSATION TO WES), and
x Stipulated Sum equaling the Cost of the Work plus Performance Contractor’s Fee for the Construction Phase and Guarantee Phase as identified in SCHEDULE B (COMPENSATION TO WES), and x Cost for the first year of the Guarantee Phase are included in the Construction Phase Contract Sum. Beginning in year two of the Guarantee Phase, Customer will have the option to pay WES a Stipulated Sum annually for each subsequent year of the Guarantee Phase if they wish to continue the Guarantee Phase services as identified in SCHEDULE B (COMPENSATION TO WES).

SECTION 7 PAYMENTS TO WES
Section 7.1 WES Compensation and Fees: WES ’s fees and compensation are set forth in SCHEDULE B (COMPENSATION TO WES).

Section 7.2 Billing Information Procedure: Payments due to WES shall be calculated each month and paid in accordance with SCHEDULE B (COMPENSATION TO WES).

Section 7.3 Payment: Customer shall pay WES within 30 days of receipt of WES ’s application for payment. Amounts unpaid thirty (30) days after the invoice date shall bear interest at 1.5% per month.

Section 7.4 Effective Date of Payment Obligation: See SCHEDULE B (COMPENSATION TO WES).

SECTION 8 FISCAL FUNDING
Section 8.1 Non-appropriation of Funds: In the event no Customer or other funds or insufficient Customer or other funds are appropriated and budgeted, and funds are otherwise unavailable by any means whatsoever in any fiscal period for which payments are due WES under this Contract, then the Customer will, not less than 30 days prior to the end of such applicable fiscal period, in writing, notify WES of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were made without penalty or expense to the Customer of any kind whatsoever, except as to the portions of payments herein agreed upon for which Customer and/or other funds shall have been appropriated and budgeted or are otherwise available.

SECTION 9 CONSTRUCTION SCHEDULE AND EQUIPMENT INSTALLATION; APPROVAL Section 9.1 Construction Schedule: Construction and equipment installation shall proceed in accordance with the construction period in SECTION 5 (COMMENCEMENT DATE AND TERMS). A detailed schedule of construction will be submitted to Customer following Commencement of the Performance Contract Amendment. This schedule will be updated throughout construction to reflect ongoing progress on the Project.

Section 9.2 Systems Startup and Equipment Commissioning: WES shall conduct a thorough and systematic performance test of each element and total system of the installed equipment in accordance with the procedures specified in SCHEDULE G.1 (System Start-up & Commissioning), provided as part of the Performance Contract Amendment (EXHIBIT 1), and prior to acceptance of the project by Customer. WES shall provide notice to the Customer of the scheduled test(s) and the Customer and/or its designees shall have the right to be present at any or all such tests conducted by WES and/or manufacturers of the equipment. WES shall be responsible for correcting and/or adjusting all deficiencies in systems and equipment operations that may be observed during system commissioning procedures.

SECTION 10 EQUIPMENT WARRANTIES
Section 10.1 WES covenants and agrees that all equipment installed as part of this Contract is new, in good and proper working condition and protected by appropriate written warranties covering all parts and equipment performance. WES further agrees to deliver to Customer for inspection and approval; to pursue rights and remedies against manufacturer and supplier of the equipment under the warranties in the event of equipment malfunction or improper or defective function, and defects in parts, workmanship and performance, to notify the Customer whenever defects in equipment parts or performance occur which give rise to such rights and remedies and those rights and remedies are exercised by WES. The cost of any risk of damage or damage to the equipment and its performance, including damage to property and equipment of the Customer or the Premises, due to WES ’s failure to exercise its warranty rights shall be borne solely by WES.

Section 10.2 All warranties shall be transferable and extend to the Custom er. The warranties shall specify that only new, and not reconditioned, parts may be used and installed when repair is necessitated by malfunction. 447
City of Dublin : Energy Savings Performance Contract | Page 4 Section 10.3 All warranties required hereunder shall be in force for a minimum of one year from the Substantial Completion date as defined in Section 5.3 hereof.

Section 10.4 Notwithstanding the above, nothing in this Section shall be construed to alleviate/relieve WES from complying with its obligations to perform under all terms and conditions of this Contract and as set forth in all attached Schedules.

SECTION 11 TRAINING BY WES
Section 11.1 WES shall conduct the training program described in SCHEDULE G.9 (Training Requirements), provided as part of the Performance Contract Amendment (EXHIBIT 1). The training specified in SCHEDULE G.9 (Training Requirements) must be completed prior to acceptance of the equipment installation. WES shall provide ongoing training whenever requested by Customer with respect to updated or altered equipment, including upgraded software.

Such training shall be provided at no charge to the Customer.

SECTION 12 PERMITS AND APPROVALS; COORDINATION
Section 12.1 Permits and Approvals: Customer shall use its best efforts to assist WES in obtaining all necessary permits and approvals for installation of the Equipment. In no event shall Customer, however, be responsible for payment of any permit fees. The equipment and the operation of the equipment by WES shall at all times conform to all federal, state and local code requirements. WES shall furnish copies of each permit or license which is required to perform the work to the Customer before WES commences the portion of the work requiring such permit or license.

Section 12.2 Coordination During Installation: The Customer and WES shall coordinate the activities of WES ’s equipment installers with those of the Customer, its employees, and agents. WES shall not commit or permit any act which will interfere with the performance of business activities conducted by the Customer or its employees without prior written approval of the Customer.

SECTION 13 PERFORMANCE BY WES
Section 13.1 WES shall perform all tasks/phases under the Contract, including construction, and install the Equipment in such a manner so as not to harm the structural integrity of the buildings or their operating systems. WES shall repair and restore to its original condition any area of damage caused by WES’s performance under this Contract. The Customer reserves the right to review the work performed by WES and to direct WES to take certain corrective action if, in the opinion of the Customer, the structural integrity of the Premises or its operating system is or will be harmed. All costs associated with such corrective action to damage caused by WES’s performance of the work shall be borne by WES.

Section 13.2 WES shall remain responsible for the professional and technical accuracy of all services performed, whether by WES or its subcontractors or others on its behalf, throughout the term of this Contract.

SECTION 14 OWNERSHIP
Section 14.1 Ownership of Certain Proprietary Property Rights: Customer shall not, by virtue of this Contract, acquire any interest in any formulas, patterns, devices, secret inventions or processes, copyrights, patents, other intellectual or proprietary rights, or similar items of property which are or may be used in connection with the Equipment. WES shall grant to the Customer a perpetual, irrevocable royalty-free license for any and all software or other intellectual property rights necessary for the Customer to continue to operate, maintain, and repair the Equipment in a manner that will yield maximal energy consumption reductions.

Section 14.2 Ownership of Existing Equipment: Ownership of the equipment and materials presently existing at the Premises at the time of execution of this Contract shall remain the property of the Customer even if it is replaced or its operation made unnecessary by work performed by WES pursuant to this Contract. If applicable, WES shall advise the Customer in writing of all equipment and materials to be replaced at the Premises and the Customer shall within 30 days designate in writing to WES which equipment and materials that should not be disposed of off-site by WES. It is understood and agreed to by both Parties that the Customer shall be responsible for and designate the location and storage for any equipment and materials that should not be disposed of off-site. WES shall be responsible for the disposal of all equipment and materials designated by the Customer as disposable off-site in accordance with all applicable laws and regulations regarding such disposal.

Section 14.3 New Equipment: All new equipment or materials supplied to the Customer shall become the property of the Customer.

SECTION 15 LOCATION AND ACCESS
Section 15.1 Customer shall provide sufficient space on the Premises for the installation and operation of the Equipment and shall take reasonable steps to protect such Equipment from harm, theft and misuse. Customer shall provide access to the 448
City of Dublin : Energy Savings Performance Contract | Page 5 Premises for WES to perform any function related to this Contract during regular business hours, or such other reasonable hours as may be requested by WES and acceptable to the Customer. WES ’s access to Premises to make emergency repairs or corrections as it may determine are needed shall not be unreasonably restricted by the Customer.

SECTION 16 EQUIPMENT SERVICE
Section 16.1 Actions by WES: WES shall provide all service, repairs, and adjustments to the Equipment Installed under terms of this Contract pursuant to SCHEDULE G.4 (WES Maintenance Responsibilities), provided as part the Performance Contract Amendment (EXHIBIT 1). Customer shall incur no cost for Equipment service, repairs, and adjustments, except as set forth in SCHEDULE B (COMPENSATION TO WES), provided, however, that when the need for maintenance or repairs principally arises due to the negligence or willful misconduct of the Customer or any employee or other agent of Customer, and WES can so demonstrate such causal connection, WES may charge Customer for the actual cost of the maintenance or repair insofar as such cost is not covered by any warranty or insurance proceeds.

Section 16.2 Malfunctions and Emergencies: Customer shall use its best efforts to notify WES or its designee(s) within 24 hours after the Customer’s actual knowledge and occurrence of: (i) any malfunction in the operation of the Equipment or any preexisting energy related equipment that might materially impact upon the guaranteed energy savings, (ii) any interruption or alteration to the energy supply to the Premises, or (iii) any alteration or modification in any energy- related equipment or its operation.

Section 16.3 Where Customer exercises due diligence in attempting to assess the existence of a malfunction, interruption, or alteration it shall be deemed not at fault in failing to correctly identify such conditions as having a material impact upon the guaranteed energy savings. Customer shall notify WES within twenty-four (24) hours upon its having actual knowledge of any emergency condition affecting the Equipment. WES shall respond or its designee(s) shall respond within twenty-four (24) hours to promptly proceed with corrective measures. Any telephonic notice of such conditions by Customer shall be followed within three business days by written notice to WES from Customer. If Customer unreasonably delays in so notifying WES of a malfunction or emergency, and the malfunction or emergency is not otherwise corrected or remedied, such conditions will be treated as a Material Change and the applicable provisions of SECTION 19 (MATERIAL CHANGES) shall be applied.

Section 16.4 Actions by Customer: Customer shall not move, remove, modify, alter, or change in any way the Equipment or any part thereof without the prior written approval of WES except as set forth in SCHEDULE G.5 (Customer Maintenance Responsibilities), provided as part the Performance Contract Amendment (EXHIBIT 1). Notwithstanding the foregoing, Customer may take reasonable steps to protect the Equipment if, due to an emergency, it is not possible or reasonable to notify WES before taking any such actions. In the event of such an emergency, Customer shall take reasonable steps to protect the Equipment from damage or injury and shall follow instructions for emergency action provided in advance by WES. Customer agrees to maintain the Premises in good repair and to protect and preserve all portions thereof, which may in any way affect the operation or maintenance of the Equipment.

SECTION 17 UPGRADING OR ALTERING THE EQUIPMENT
Section 17.1 WES shall at all times have the right, subject to Customer’s prior written approva l, which approval shall not be unreasonably withheld, to change the Equipment, revise any procedures for the operation of the equipment or implement other energy saving actions in the Premises, provided that:
x WES complies with the standards of comfort and services set forth in SCHEDULE G.3 (Standards of Comfort) , provided as part the Performance Contract Amendment (EXHIBIT 1); x such modifications or additions to, or replacement of the Equipment, and any operational changes, or new procedures are necessary to enable WES to achieve the energy savings at the Premises and; x any cost incurred relative to such modifications, additions or replacement of the Equipment, or operational changes or new procedures shall be the responsibility of WES.

Section 17.2 All modifications, additions or replacements of the Equipment or revisions to operating or other procedures shall be described in a supplemental Schedule(s) to be provided to the Customer for approval, which shall not be unreasonably withheld, provided that any replacement of the Equipment shall be new and have equal or better potential to reduce energy consumption at the Premises than the Equipment being replaced. WES shall update any and all software to be used in connection with the Equipment in accordance with the provisions of Section 14.1 (Ownership of Certain Proprietary Rights). All replacements of and alterations or additions to the Equipment shall become part of the 449
City of Dublin : Energy Savings Performance Contract | Page 6 Equipment described in SCHEDULE A (SCOPE OF WORK) and shall be covered by the provisions and terms of SECTION 9 (CONSTRUCTION SCHEDULE AND EQUIPMENT INSTALLATION; APPROVAL).

SECTION 18 STANDARDS OF COMFORT
Section 18.1 WES will maintain and operate the Equipment in a manner that will provide the standards of heating, cooling, hot water, and lighting, as described in SCHEDULE G.3 (Standards of Comfort) , provided as part the Performance Contract Amendment (EXHIBIT 1).

SECTION 19 MATERIAL CHANGES
Section 19.1 Material Changes Defined: A Material Change shall include any change in or to the Premises, whether structural, operational or otherwise in nature which reasonably could be expected, in the judgment of the Customer, to increase or decrease annual energy consumption in accordance with the provisions and procedures set forth in SCHEDULE E (BASELINE ENERGY CONSUMPTION) and SCHEDULE F (SAVINGS MEASUREMENT & CALCULATION FORMULAE; METHODOLOGY TO ADJUST BASELINE) , provided as part the Performance Contract Amendment (EXHIBIT 1), by at least 0.5% after adjustments for climatic variations. Actions by the Customer which may result in Material Change include but are not limited to the following:
x manner of use of Premises by the Customer; or
x hours of operation for the Premises or for any equipment or energy using systems operating at the Premises; or x permanent changes in the comfort and service parameters set forth in SCHEDULE G.3 (Standards of Comfort) , provided as part the Performance Contract Amendment (EXHIBIT 1); or x occupancy of the Premises; or
x structure of the Premises; or
x types and quantity of equipment used at the Premises; or x modification, renovation or construction at the Premises; or x the Customer’s failure to provide maintenance of or repairs to the Equipment in accordance with SCHEDULE G.5 (Customer Maintenance Responsibilities) , provided as part the Performance Contract Amendment (EXHIBIT 1); or
x any other conditions other than climate affecting energy use at the Premises.

Section 19.2 Reported Material Changes: Notice by Customer: The Customer shall use its best efforts to deliver to WES a written notice describing all actual or proposed Material Changes in the Premises or in the operation of the Premises at least 30 days before any actual or proposed Material Changes is implemented or as soon as is practicable after an emergency or unplanned event. Notice to WES of Material Changes which result because of a Bona Fide emergency or other situation which precludes advanced notification shall be deemed sufficient if given by the Customer within 48 hours after having actual knowledge that the event constituting the Material Change occurred or was discovered by the Customer to have occurred.

Section 19.3 Unreported Material Change: In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption as set forth in SCHEDULE E (BASELINE ENERGY CONSUMPTION) , provided as part the Performance Contract Amendment (EXHIBIT 1), should not change more than 2% during any month from the projected energy use for that month, after adjustments for changes in climate conditions. Therefore, if energy consumption for any month as set forth in SCHEDULE E (BASELINE ENERGY CONSUMPTION) deviates by more than 2% from the energy consumption of the same month of the preceding contract year after adjustments for changes to climatic conditions, then such deviation shall be timely reviewed by WES to ascertain the cause of deviation. WES shall report its findings to the Customer in a timely manner and WES shall determine what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in SCHEDULE F (SAVINGS MEASUREMENT & CALCULATION FORMULAE; METHODOLOGY TO ADJUST BASELINE) and SCHEDULE E (BASELINE ENERGY CONSUMPTION) , provided as part the Performance Contract Amendment (EXHIBIT 1).

SECTION 20 INDEMNIFICATION
Section 20.1 WES shall indemnify, defend with counsel acceptable to Customer, and hold harmless Customer and its officers, elected officials, employees, agents and volunteers fro m and against any and all liability, loss, damage, claims, 450
City of Dublin : Energy Savings Performance Contract | Page 7 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 WES’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of the Customer.

Section 20.2 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 WES to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

Section 20.3 WES’s obligation to defend and indemnify shall not be excused because of WES ’s inability to evaluate Liability or because WES evaluates Liability and determines that WES is not liable to the claimant. WES must respond within thirty (30) days to the tender of any claim for defense and indemnity by Customer. If WES fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much of the money due WES under and by virtue of this Agreement as shall reasonably be considered necessary by Customer, may be retained by Customer until disposition has been made of the claim or suit for damages, or until WES accepts or rejects the tender of defense, whichever occurs first.

SECTION 21 CONDITIONS BEYOND CONTROL OF THE PARTIES
Section 21.1 If a party (“performing party”) shall be unable to reasonably perform any of its obligations under this Contract due to acts of Nature, insurrections or riots, or similar events, this Contract shall at the other party’s option (i) remain in effect but said performing party’s obligatio ns shall be suspended until the said events shall have ended; or, (ii) be terminated upon ten (10) days ’ notice to the performing party, in which event neither party shall have any further liability to the other.

SECTION 22 EVENTS OF DEFAULT
Section 22.1 Events of Default by Customer: Each of the following events or conditions shall constitute an “Event of Default” by Customer:
x any failure by Customer to pay WES any sum due for a service and maintenance period of more than 30 days after written notification by WES that Customer is delinquent in making payment and provided that WES is not in default in its performance under the terms of this Contract; or x any other material failure by Customer to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein, provided that such failure continues for 30 days after notice to Customer demanding that such failures to perform be cured or if such cure cannot be effected in thirty days, Customer shall be deemed to have cured default upon the commencement of a cure within thirty days and diligent subsequent completion thereof;
x any representation or warranty furnished by Customer in this Contract which was false or misleading in any material respect when made.

Section 22.2 Events of Default by WES: Each of the following events or conditions shall c onstitute an “Event of Default” by WES:
x the standards of comfort and service set forth in SCHEDULE G.3 (Standards of Comfort) , provided as part the Performance Contract Amendment (EXHIBIT 1), are not provided due to failure of WES to properly design, install, maintain, repair or adjust the Equipment except that such failure, if corrected or cured within 30 days after written notice by Customer to WES demanding that such failure be cured, shall be deemed cured for the purpose of this Contract. (ii) any representation or warranty furnished by WES in this Contract is false or misleading in any material respect when made;
x failure to furnish and install the Equipment and make it ready for use within the time specified by this Contract as set forth in SCHEDULE A (SCOPE OF WORK) and SECTION 5 (COMMENCEMENT DATE AND TERMS);
x any failure by WES to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except that such failure, if corrected or cured within 30 days after written notice by the Customer to WES demanding that such failure to perform be cured, shall be deemed cured for purposes of this Contract;
x any lien or encumbrance upon the equipment by any subcontractor, laborer or material man of WES; 451
City of Dublin : Energy Savings Performance Contract | Page 8 x the filing of a bankruptcy petition whether by WES or its creditors against WES which proceeding shall not have been dismissed within 30 days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of WES;
x Failure by WES to pay any amount due the Customer or perform any obligation under the terms of this Contract or the Energy Savings Guarantee as set forth in SCHEDULE D (ENERGY SAVINGS GUARANTEE) , provided as part the Performance Contract Amendment (EXHIBIT 1).

SECTION 23 REMEDIES UPON DEFAULT
Section 23.1 Remedies upon Default: All disputes shall be submitted to the individuals listed in SECTION 35 (NOTICE) for resolution. In the event that a remedy acceptable to both Customer and WES cannot be found, either party may seek remedy as outlined in SECTION 24 (MEDIATION).

SECTION 24 MEDIATION
Section 24.1 Any Claim arising out of or related to the Contract shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party.

Section 24.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.

Section 24.3 The parties shall share the mediator's fee and any filing fees equally.

Section 24.4 The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon.

Section 24.5 Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

SECTION 25 REPRESENTATIONS AND WARRANTIES
Section 25.1 Each party warrants and represents to the other that:
x it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute and deliver this Contract and perform its obligations hereunder; x its execution, delivery, and performance of this Contract have been duly authorized by, or are in accordance with, its organic instruments, and this Contract has been duly executed and delivered for it by the signatories so authorized, and it constitutes its legal, valid, and binding obligation; x its execution, delivery, and performance of this Contract will not breach or violate, or constitute a default under any Contract, lease or instrument to which it is a party or by which it or its properties may be bound or affected; or
x it has not received any notice, nor to the best of its knowledge, is there pending or threatened any notice, of any violation of any applicable laws, ordinances, regulations, rules, decrees, awards, permits or orders which would materially and adversely affect its ability to perform hereunder.

SECTION 26 ADDITIONAL REPRESENTATIONS OF THE PARTIES
Section 26.1 Customer hereby warrants, represents and promises that it has provided or shall provide timely to WES, all records relating to energy usage and energy-related maintenance of Premises requested by WES and the information set forth therein is, and all information in other records to be subsequently provided pursuant to this Contract will be true and accurate in all material respects.

WES hereby warrants, represents and promises that:
x before commencing performance of this Contract, it shall have become licensed or otherwise permitted to do business in the State of California;
x it shall make available, upon reasonable request, all documents relating to its performance under this Contract, including all contracts and subcontracts entered into;
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City of Dublin : Energy Savings Performance Contract | Page 9 x it shall use qualified subcontractors and delegates, licensed and bonded in this state to perform the work so subcontracted or delegated pursuant to the terms hereof; x that it is financially solvent, able to pay its debts as they mature and possessed of sufficient working capital to complete the Work and perform its obligations under this Contract.

SECTION 27 WAIVER OF LIENS
Section 27.1 All property of the Customer is exempt from attachment and levy.

SECTION 28 COMPLIANCE WITH LAW AND STANDARD PRACTICES
Section 28.1 WES shall perform its obligations hereunder in compliance with any and all applicable federal, state, and local laws, rules, and regulations, in accordance with sound engineering and safety practices, and in compliance with any and all reasonable rules of Customer relative to the Premises. WES shall be responsible for obtaining all governmental permits, consents, and authorizations as may be required to perform its obligations hereunder.

SECTION 29 INDEPENDENT CAPACITY OF THE CONTRACTOR
Section 29.1 The parties hereto agree that WES, and any agents and employees of WES, in the performance of this Contract, shall act in an independent capacity and not as officers, employees, or agents of the Customer.

SECTION 30 NO WAIVER
Section 30.1 The failure of WES or Customer to insist upon the strict performance of the terms and conditions hereof shall not constitute or be construed as a waiver or relinquishment of either party’s right to thereafter enforce the same in accordance with this Contract in the event of a continuing or subsequent default on the part of WES or Customer.

SECTION 31 SEVERABILITY
Section 31.1 In the event that any clause or provision of this Contract or any part thereof shall be declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Contract unless the result would be manifestly inequitable or unconscionable.

SECTION 32 COMPLETE CONTRACT
Section 32.1 This Contract, when executed, together with all Schedules attached hereto or to be attached hereto, as provided for by this Contract shall constitute the entire Contract between both parties and this Contract may not be amended, modified, or terminated except by a written Contract signed by the parties hereto.

SECTION 33 FURTHER DOCUMENTS
Section 33.1 The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Contract.

SECTION 34 APPLICABLE LAW
Section 34.1 This Contract and the construction and enforceability thereof shall be interpreted under the laws of the State of California
SECTION 35 NOTICE
Section 35.1 Any notice required or permitted hereunder shall be deemed sufficient if given in writing and delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or delivered to a nationally recognized express mail service, charges prepaid, receipt obtained, to the address shown below or to such other persons or addresses as are specified by similar notice.

T O W E S : T O C U S T O M E R :

Willdan Energy Solutions City of Dublin
Attention: Scott McVey Attention: City Manager
2401 East Katella Ave #300 100 Civic Plaza
Anaheim, CA 92806 Dublin, CA 94568
SECTION 36 CUSTOMER’S COMPLIANCE WITH FACILITIES MAINTENANCE CHECKLIST 453
City of Dublin : Energy Savings Performance Contract | Page 10 Section 36.1 The parties acknowledge and agree that WES has entered into this Contract in reliance upon the prospect of earning compensation based on guaranteed energy savings in energy used at Premises, as set forth on SCHEDULE D (ENERGY SAVINGS GUARANTEE) and SCHEDULE B (COMPENSATION TO WES), provided as part the Performance Contract Amendment (EXHIBIT 1).

Section 36.2 The parties further acknowledge and agree that the said guaranteed energy savings would not likely be obtained unless certain procedures and methods of operation designed for energy conservation shall be implemented and followed by Customer on a regular and continuous basis.

Section 36.3 Customer agrees that it shall adhere to, follow and implement the energy conservation procedures and methods of operation to be set forth on SCHEDULE G.5 (Customer Maintenance Responsibilities), provided as part the Performance Contract Amendment (EXHIBIT 1)and made a part thereof after Customer’s approval.

Section 36.4 Customer agrees that WES shall have the right once a month, with prior notice, to inspect Premises to determine if Customer is complying, and shall have complied with its obligations as set forth above in Section 36.3 For the purpose of determining Customer’s said compliance, the checklist to be set forth at SCHEDULE G.6 (Facility Maintenance Checklist), provided as part the Performance Contract Amendment (EXHIBIT 1), as completed and recorded by WES during its monthly inspections, shall be used to measure and record Customer’s said compliance. Customer shall make the Premises available to WES for and during each monthly inspection and shall have the right to witness each inspection and the recordations on the checklist.

SECTION 37 HEADINGS
Section 37.1 Headings and subtitles used throughout this Contract are for the purpose of convenience only, and no heading or subtitle shall modify or be used to interpret the text of any section.

SECTION 38 BONDS
Section 38.1 Any and all bonds obtained by WES for this project shall specifically exclude coverage for those portions of the Contract or the Work pertaining to design services and any other part of this Contract and the Contract Documents which do not relate specifically to construction management and supervision of Work for purchasing and installing of Equipment, or for work to be accomplished by the Customer.

SECTION 39 INSURANCE
Section 39.1 WES shall procure and maintain in effect insurance coverage as set forth in EXHIBIT C (Insurance Requirements), attached hereto and incorporated herein.

SECTION 40 EPACT 179D
Section 40.1 To encourage the implementation of a more energy-efficient system, Section 179D of the Internal Revenue Code provides for the allocation of a tax deduction based on the efficiency of the design. Since a public entity is exempt from paying taxes, the Code permits this allocation to be passed along to the designer of the system as an additional incentive to incorporate the most efficient system affordable. Accordingly, once the building/system is placed into service, it is understood and agreed that the tax deduction granted pursuant to Section 179D of the Internal Revenue Code will be allocated to Willdan, in consideration of which Willdan will use its best efforts to maximize the energy efficiency of the design being contracted.
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City of Dublin : Energy Savings Performance Contract | Page 13 SCHEDULE A. SCOPE OF WORK

1. The purpose of this proposal is to provide Investment Grade Audit (“IGA”) Phase services for Premises [see preliminary project table on the follow page] needed to develop a Performance Contract proposal - Performance Contract Amendment (EXHIBIT 1).

2. GENERAL
a) Work shall be performed in three phases: The IGA Phase, Construction Phase, and Guarantee Phase as outlined in this Schedule, SCHEDULE A (SCOPE OF WORK). Willdan Energy Solutions (WES) will commence work for the IGA Phase upon execution of this Energy Savings Performance Contract. The Construction Phase and Guarantee Phase will commence at the conclusion of the IGA Phase upon the execution of EXHIBIT 1. (PERFORMANCE CONTRACT AMENDMENT).
b) The Scope of Work and Fee for each phase is defined in SCHEDULE A (SCOPE OF WORK) and SCHEDULE B (COMPENSATION TO WES) respectively.

3. INVESTMENT GRADE AUDIT PHASE SERVICES:
a) General:
(1) WES shall advise the Customer on all proposed projects, selection of materials, building systems and equipment, financing options, and utility incentives. WES shall also provide the Customer with recommendations, consistent with the Customer’s Cr iteria, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. b) Engineering and Design: During the IGA Phase, WES shall perform:
(1) Design required to develop the scope and project solution that meets Performance Contract Program Requirements as identified in SCHEDULE A.5.
(2) Develop design in enough detail to procure subcontractors and materials and develop the Contract Sum included in the Performance Contract Amendment (EXHIBIT 1).
(a) Perform a survey of the spaces and existing systems throughout the Premises to document existing conditions. (b) Work with the Customer to establish project goals and criteria. (c) Prepare design documents and/or criteria for subcontractor pricing procurement to install modifications to HVAC, electrical, and plumbing systems.
c) Pre-Construction Services: During the IGA Phase, WES shall perform:
(1) WES shall assemble all design documents necessary for pricing procurement. (2) WES shall engage subcontractors; familiarize them with the project, site and bidding information; and procure pricing for the purposes of establishing WES’s fixed cost proposal in the Performance Contract Amendment. (3) WES shall coordinate with the Customer, subconsultants, financiers, utilities and other stakeholders throughout the IGA Phase.
d) Energy-Related Services:
(1) Walk through facility to become familiar with existing systems and the building’s operations. This will also include gathering as-built plans and O&M data on existing HVAC systems. (2) Energy savings for each recommend project will be quantified through a calibrated computer energy model or other industry standard energy calculation procedure.
(3) Energy Performance Contract Project economics will be quantified and summarized throughout each phase of design, including:
(a) Fixed project costs
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City of Dublin : Energy Savings Performance Contract | Page 14 (b) Guaranteed energy savings
(c) Maintenance and other costs savings
(d) Utility incentives & grants
(e) Project financing terms and debt service payment options e) Preparation of the Performance Contract Amendment:
(1) When the Drawings and Specifications are sufficiently complete, WES shall prepare a Performance Contract Addendum as outlined in EXHIBIT 1. (PERFORMANCE CONTRACT AMENDMENT). This Addendum shall include:
(a) Contract Sum
(b) Contract Time
(c) Construction Schedule
(d) Energy and other cost savings
(e) Grants, financing, and incentive opportunities
(f) Project Cashflow
(g) Information Upon Which Amendment if Based, including:
(i) Scope of Work
(ii) Drawings
(iii) Specifications
(iv) Supplementary and other Conditions of the Contract (v) Deviations from the Performance Contract Program Requirements as identified in SCHEDULE A.3. (h) WES’s Personnel, Contractors and Suppliers

4. CONSTRUCTION PHASE SERVICES:
a) Construction Documents:
(1) As the Drawings and Specifications may not be finished at the time the Performance Contract Amendment is prepared, the WES shall provide in this amendment for further development of the Drawings and Specifications for construction. Such further development does not include such things as changes in scope, systems, kinds, and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. b) Performance Contractor’s Construction-Phase Responsibility:
(1) WES shall supervise and direct the Work, using the WES’s best skill and attention. WES shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the ESPC Documents give other speci¿c instructions concerning these matters.
(2) WES shall schedule Work and coordinate Subcontractors and any other persons on the site of the Project. (3) WES will inspect the Work of each subcontractor for defective work, manage resolution of the defective work, and notify applicable subcontractor(s) to correct such defective work in a manner approved by the design team and Owner. (4) WES shall record the progress of the Project and provide reports to the Owner. Such reports shall include, without limitation, information about variations between actual and budgeted or estimated costs and information on each subcontractor’s work, as well as completion status on the entire project, showing percentages of completion. (5) With the cooperation of the Subcontractors, WES will prepare and maintain the Construction Schedule. 457
City of Dublin : Energy Savings Performance Contract | Page 15 (6) WES shall schedule and conduct in preconstruction, progress, quality control and special meetings with the Owner, designers, the subcontractors and any other parties involved in the project to discuss such matters as procedures, progress, problems and scheduling.
(7) WES shall receive, review for completeness and responsiveness the subcontractors’ submittals such as shop drawings, product data and samples and delivering them to the designers and Owner for review and approval. (8) WES shall manage the punch list, coordinating final inspections, and preparing the certificate of contract completion.

Upon contract completion, WES will receive, review for conformity with the requirements of the Contract Documents and transmit to the Owner any affidavits and turn over to the Owner any manuals and the originals of any guarantees, warranties, releases, bonds and waivers.
c) Enhanced Commissioning
(1) WES shall develop the commissioning plan, review construction documents, develop functional test procedures, coordinate commissioning activities, verify startup tests, and perform functional performance tests, and generate final commissioning report.
d) Labor and Materials
(1) Unless otherwise provided in the Performance Contract Documents, WES shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services, necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work.
(2) WES shall enforce strict discipline and good order among WES’s employees, Subcontractors, and other persons carrying out the Work. WES shall not permit empl oyment of un ¿t persons or persons not properly skilled in tasks assigned to them.

5. GUARANTEE PHASE SERVICES:
a) Facility Personnel Assistance:
(1) WES’s Commissioning group will assist facility personnel in achieving the most efficient operation of Customer’s facility. The Commissioning group will remotely monitor the facility and will help identify potential problems with the HVAC as well as work with the facility staff to enhance and implement energy conservation programs. (2) Customer will be responsible for the maintenance of all energy systems, including lighting, mechanical, electrical, and building automation control systems per SCHEDULE G.5, provided as part the Performance Contract Amendment (EXHIBIT 1).
b) Savings Tracking and Reporting:
(1) WES will be responsible for the monthly tracking and monitoring of the project and will provide ongoing assistance to Customer’s staff.
(2) WES will provide a quarterly savings report. This report will detail current monthly savings, year to date savings, and guaranteed savings. This report will also show the actual savings in units of energy. c) Utility Rate Negotiation:
(1) If, during the term of this contract, deregulation of the electric and gas utilities should occur, WES shall have the right to negotiate on behalf of the Customer, in total or in portion, other utility services beyond the current providers of those services. WES will represent the customer as long as the services being negotiated are cost competitive for the Customer. WES will seek the most cost competitive providers of those services who can provide equal or better- quality service. In the event that the Customer is able to locate a more cost competitive provider, with equal quality, WES would be compelled to use that provider. The purpose of this paragraph is to minimize utility costs for the Customer.
d) Cancellation:
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City of Dublin : Energy Savings Performance Contract | Page 16 (1) Customer may cancel the Guarantee-Phase Services on any anniversary date or at the end of Customer’s fiscal year.

If Customer cancels these services, WES reserves the right to cancel the Energy Savings Guarantee as outlined in SCHEDULE D. ENERGY SAVINGS GUARANTEE.

6. PERFORMANCE CONTRACT PROGRAM REQUIREMENTS:
a) Financial Criteria:
(1) Customer desires to fund as much of the project scope as possibly through annual utility cost savings, meaning a Project that results in a close-to-neutral cash flow where the cumulative energy, maintenance, and capital cost avoidance over the life of the installed equipment exceeds the Project’s cumulative financing cost if it were financed. b) General Scope and Intent:
(1) The Project will include energy efficiency measures, resiliency improvements and capital improvements. The projects may include, but no be limited to, the following:
(a) Library :: Replace Aging Packaged VAV AHUs, Update BAS (b) Library :: Upgrade Remaining Fluorescent Lighting to LED, Daylighting Control in Lobby (c) Library :: Expand Existing Solar PV System w/ Carport in Sports Grounds Parking Lot (d) Library :: Install Battery Storage System for Resiliency (e) Corporation Yard :: Upgrade Shop Area Lighting to LED (f) Corporation Yard :: Install Roof Mounted & Covered Parking Solar PV Systems (g) Corporation Yard :: Install Battery Storage System for Resiliency (h) The Wave :: Optimize Facility Operation & HVAC Pool Turnover Rates & VAV Control, Reduce Exhaust Recirculation
(i) The Wave :: Install Solar PV System w/ New Carport
(j) The Wave :: Install Battery Storage System for Resiliency & Load Shedding (k) Senior Center :: Replace End-of-Life Packaged RTUs w/ High Efficiency Equivalent Units (l) Senior Center :: Upgrade Remaining Fluorescent Lighting to LED (m) Senior Center :: Install Solar PV System w/ New Carport (n) Senior Center :: Install Battery Storage System for Resiliency (o) Shannon Com. Center :: Upgrade Remaining Fluorescent Lighting to LED (p) Shannon Com. Center :: Replace End-of-Life Split Systems w/ High Efficiency Equivalent Units (q) Shannon Com. Center :: Install Generator to Improve Resiliency (r) Fire Station 16 :: Replace End-of-Life Packaged RTUs w/ High Efficiency Equivalent Units (s) Fire Station 16 :: Upgrade Remaining Fluorescent Lighting to LED (t) Fire Station 16 :: Install Battery Storage System for Resiliency (u) Fire Station 17 :: Replace End-of-Life Split Systems w/ High Efficiency Equivalent Units (v) Fire Station 17 :: Upgrade Remaining Fluorescent Lighting to LED (w) Fire Station 17 :: Install Solar PV System w/ New Carport (x) Fire Station 17 :: Install Battery Storage System for Resiliency (y) Fire Station 18 :: Replace End-of-Life Split Systems w/ High Efficiency Equivalent Units (z) Fire Station 18 :: Upgrade Remaining Fluorescent Lighting to LED 459
City of Dublin : Energy Savings Performance Contract | Page 17 (aa) Fire Station 18 :: Install Solar PV System w/ New Carport (bb) Fire Station 18 :: Install Battery Storage System for Resiliency (cc) City Parks :: Convert All Park & Ball Field Lighting to LED (dd) Intersections :: Traffic Signal Conversion to Microgrid (ee) Heritage Park & Museum :: HVAC & Lighting
PROJECT IMPLEMENTATION SCOPE OF WORK:
c) Final, more detailed scope of work will be included in the Performance Contract Amendment (EXHIBIT 1).

7. TIME:
a) WES and Customer will work together to develop construction schedules that minimize disruption to Customer operations while allowing for completion of Scope of Work in a timely fashion. All construction will be completed in accordance with SECTION 5 (COMMENCEMENT DATE AND TERMS).
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City of Dublin : Energy Savings Performance Contract | Page 19 SCHEDULE B. COMPENSATION TO WES
The Customer shall compensate and make payments to WES for the Investment Grade Audit (“IGA”) Phase services, Construction Phase Services, and the Guarantee Phase Services as follows:

1. INVESTMENT GRADE AUDIT PHASE SERVICES. The Customer shall compensate and make payments to WES for the IGA Phase services as follows:
a) If the Performance Contract Amendment (EXHIBIT 1) is executed within 60 days of its proposal, the fee for IGA services set forth in subdivision (b) of this section will be waived and will NOT be due to WES under this agreement, otherwise,
b) Except as provided in subdivision (a) of this section, Customer shall pay WES the Stipulated Sum of $125,000. ($90,000 Base Scopes + $35,000 Solar & Battery Scopes)

2. CONSTRUCTION PHASE. For the WES’s performance of the Construction, the Customer shall pay WES a Stipulated Sum in current funds for WES’s performance of the Contract after the execution of the Performance Contract Amendment equal to Cost of the Work plus the Performance Contractor’s Fee at the time of the proposal of the Performance Contract Amendment.

The Construction-Phase Contract Sum with itemization of the Cost of Work and Performance Contr actor’s Fee shall be identified in the Performance Contract Amendment (EXHIBIT 1). The Performance Contractor’s Fee and the Cost of the Work plus will be determined as follows:
a) Performance Contractor’s Fee:
(1) Project Development Services (includes IGA Services): Time & Materials (see Hourly Rate Schedule) (2) Construction Management: Time & Materials (see Hourly Rate Schedule) (3) Enhanced Commissioning: Time & Materials (see Hourly Rate Schedule) (4) Performance Contractor’s Overhead and Profit: Not to exceed 18% of the Cost of the Work b) The Cost of the Work (COW) is as de¿ned as:
(1) Subcontract Costs. Payments made by WES to its Subcontractor to carry out the work. (2) Construction Contingency available to WES exclusive use to cover costs for unanticipated items of the Work. (3) Allowance held by the Customer for additional Work to be incorporated in the project. (4) Costs, including transportation, of materials and equipment incorporated in the completed construction. (5) Costs of other materials and equipment, temporary facilities and related items. (6) That portion directly attributable to this Contract of premiums for insurance and bonds. (7) Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work.
(8) Data processing costs related to the Work.
(9) Legal costs, other than those arising from disputes between the Customer and WES, reasonably incurred by WES in the performance of the Work and with the Customer’s written permission, which permission shall not be unreasonably withheld.
(10) Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Customer.
(11) Emergencies and Repairs to Damaged or Nonconforming Work (12) The Cost of Work shall also include costs which are incurred WES in taking action to prevent threatened damage, injury or loss in case of emergency affecting the safety of persons and property. (13) The Cost of Work shall also include costs which are incurred WES in repairing or correcting damaged or nonconforming Work executed by WES or WES’s Subcontractors or suppli ers, provided that such damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Customer 461
City of Dublin : Energy Savings Performance Contract | Page 20 set forth in this Contract of WES or WES’s personnel to supervise adequately the Work of the Subcontracto r or suppliers, and only to the extent that the cost of the repair or correction is not recoverable by WES from insurance, Subcontractors or suppliers.
c) Hourly Rate Schedule used in determining professional services costs:

Rate Category Rate ($/hr)
Project Development and Engineering Services
1 Technical Drafter $90.00
2 Designer $90.00
3 Senior Designer $115.00
9 Engineer I $115.00
10 Engineer II $155.00
11 Senior Engineer $180.00
12 Principal Engineer $285.00
Energy Modeling
13 Energy Engineer $115.00
14 Senior Energy Engineer $155.00
Commissioning
15 Commissioning Engineer $115.00
16 Senior Commissioning Engineer $155.00
Project and Construction Management
17 Account Executive $160.00
18 Project Manager $180.00
19 Construction Manager $180.00
20 Site Superintendent $180.00
21 Field Engineer $115.00
22 Cost Estimator $145.00

3. G UARANTEE PHASE. For WES’s performance of the Guarantee, the Customer shall pay WES in current funds for WES’s performance of the Guarantee Phase services following Substantial Completion of the entire project, which is determined by the delivery of “Notice of Substantial Completion” as defined in SCHEDULE B.5, the Savings Guarantee Commencement Date. The Guarantee-Phase Contract Sum shall be identified in the Performance Contract Amendment (EXHIBIT 1).

4. PAYMENT PROCEDURES
a) Investment Grade Audit Phase Payments:
(1) WES shall provide an Application for Payment to Customer for IGA Phase services completed in accordance with SCHEDULE B.1 Investment Grade Audit Phase Services above. The Customer shall make payment in the manner and within the time provided in Section 7.3.
b) Construction Phase Payments:
(1) Project Mobilization: The initial Application for Payment shall include all remaining pre-construction-phase services amounts as well as 10 percent of the remaining total compensation to allow for mobilization of WES and subcontractors.
(2) Progress Payments: WES shall provide a monthly Application for Payment to Customer for work completed during the previous month. The Customer shall make payment in the manner and within the time provided in Section 6.3.

Until the Project is complete, as identified as a line item in the Schedule of Values, Customer will pay one hundred percent (100%) of the amount due to WES on account of progress payments. WES shall provide a Retainage Bond that represents 10% of the total contract value.
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City of Dublin : Energy Savings Performance Contract | Page 21 (3) Progress Payments: WES shall provide a monthly Application for Payment to Customer for work completed during the previous month. The Customer shall make payment in the manner and within the time provided in Section 6.3.

Until the Project is complete, as identified as a line item in the Schedule of Values, Customer will pay ninety-five percent (95%) of the amount due to WES on account of progress payments for each line item. This 5% retention shall be reduced, if appropriate, in conjunction with Substantial Completion to reflect incomplete work for each line item.

Complete payment of retention shall be in conjunction with Acceptance of Project Completion for each Project identified in the Schedule of Values, which shall not be unduly withheld. (4) Schedule of Values: WES will prepare and submit a complete schedule of values along with initial Application for Payment. Projects listed as line items in the Schedule of Values will be treated as individual projects for the purposes of Progress Payments, Substantial Completion, Final Completion, and withholding of retention amounts. (5) Substantial Completion: Substantial Completion is the stage in the progress of the Project when the Project or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Customer can utilize the Work for its beneficial use.

When WES considers that an individual Project is substantially complete, WES shall prepare and submit to the Customer a comprehensive list of items to be completed or corrected prior to final payment. Upon receipt of WES's list, the Customer shall, within seven days, inspect the Work to formulate the Customer’s Punch List and to determine whether the Work or designated portion thereof is substantially complete. If the Customer’s inspection discloses any item, whether or not included on WES's list, which is not sufficiently complete in accordance with the Performance Contract Documents so that the Customer can utilize the Project or designated portion thereof for its intended use, WES shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Customer. In such case, WES shall then submit a request for another inspection by the Customer to determine Substantial Completion.

When the Work or designated portion thereof is substantially complete, WES will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Customer and WES for security, maintenance, heat, utilities, damage to the Project and insurance, and shall fix the time within which WES shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Project or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the Customer for their written acceptance of responsibilities assigned to them in such Certificate. (6) Substantial Completion Payment: Upon Substantial Completion acceptance, the Customer shall make payment of retainage applying to such Work or designated portion thereof within the time provided in Section 7.3. Such payment shall be reasonably adjusted to reflect the dollar value of Work that is incomplete or not in accordance with the requirements of the ESPC Documents.
(7) Project Completion and Payment: After WES’s completion of all punch list items, project closeout requirements, and upon receipt of written notice that the Project is ready for final inspection and acceptance and upon receipt of a Final Application for Payment, the Customer will make such inspection within seven days and, when the Customer finds the Project acceptable under the Contract Documents and the Contract fully performed, the Customer will execute and issue the Certificate of Acceptance within two days from the final inspection and pay the entire balance found to be due to WES as stated in the Final Application for Payment within the time provided in Section 7.3. c) Guarantee Phase Payments:
(1) WES shall provide annual Applications for Payment to Customer for guarantee-phase services to be completed in the subsequent year. The Customer shall make payment in the manner and within the time provided in Section 7.3. d) Failure of Payment: If the Customer does not pay WES within seven days after the date established in Section 7.3, then WES may, upon written notice to the Customer, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately, and the Contract Sum shall be increased by the amount of the WES's reasonable costs of shut-down, delay and start-up, plus interest. 463
City of Dublin : Energy Savings Performance Contract | Page 23 SCHEDULE C. INSURANCE REQUIREMENTS
Before fully executing this Agreement, WES, 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 WES and its agents, representatives, employees, and subcontractors.

Consistent with the following provisions, WES shall provide proof satisfactory to Customer 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 pr ior to beginning work. WES 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 WES's bid or proposal. WES shall not allow any subcontractor to commence work on any subcontract until WES has obtained all insurance required herein for the subcontractor(s) and provided evidence to Customer tha t such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. WES shall maintain all required insurance listed herein for the duration of this Agreement.

5. Workers’ Compensation.
a) General Requirements. WES 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 WES. 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, WES 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 WES, its employees, agents, and subcontractors. b) Submittal Requirements. To comply with Section 1, WES shall submit the following:
(1) Certificate of Liability Insurance in the amounts specified in the section; and (2) Waiver of Subrogation Endorsement as required by the section.

6. Commercial General and Automobile Liability Insurance. a) General Requirements. WES, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
b) 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. c) Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(1) The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. (2) Customer, 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 WES; or automobiles owned, leased, hired, or borrowed by the WES.
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City of Dublin : Energy Savings Performance Contract | Page 24 (3) WES hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. WES agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.
(4) For any claims related to this Agreement or the work hereunder, the WES’s insurance coverage shall be primary insurance as respects the Customer, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Customer, its officers, officials, employees, or v olunteers shall be excess of the WES’s insurance and shall not contribute with it.
d) Submittal Requirements. To comply with Section 2, WES shall submit the following:
(1) Certificate of Liability Insurance in the amounts specified in the section; (2) Additional Insured Endorsement as required by the section; (3) Waiver of Subrogation Endorsement as required by the section; and (4) Primary Insurance Endorsement as required by the section.

7. Professional Liability Insurance.
a) General Requirements. WES, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ err ors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
(1) Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(a) The retroactive date of the policy must be shown and must be before the date of the Agreement. (b) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. (c) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, WES shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. (d) A copy of the claim reporting requirements must be submitted to the Customer for review prior to the commencement of any work under this Agreement.
(2) Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. (3) Submittal Requirements. To comply with Section 3, WES shall submit the Certificate of Liability Insurance in the amounts specified in the section.

8. All Policies Requirements.
a) Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no le ss than A:VII.
b) Verification of Coverage. Prior to beginning any work unde r this Agreement, WES shall furnish Customer with complete copies of all Certificates of Liability Insurance delivered to WES by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certifi cates of Liability Insurance an d certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the Customer does not receive the required insurance documents prior to the WES beginning work, it shall not waive the WES’s obligation to provide them. The Customer reserves the right to require complete copies of all required insurance policies at any time. c) Deductibles and Self-Insured Retentions. WES shall disclose to and obtain the written approval of Customer 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 Customer, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Customer, its officers, employees, and volunteers; or the WES shall provide a financial guarantee satisfactory to the Customer guaranteeing payment of losses and related investigations, claim administration and defense expenses. 465
City of Dublin : Energy Savings Performance Contract | Page 25 d) 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).
e) 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 Customer. f) Subcontractors. WES 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.

9. Remedies. In addition to any other remedies Customer may have if WES fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Customer may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Customer may have and are not the exclusive remedy for WES’s breach:
a) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
b) Order WES to stop work under this Agreement or withhold any payment that becomes due to WES hereunder, or both stop work and withhold any payment, until WES demonstrates compliance with the requirements hereof; and/o c) Terminate this Agreement.
466
City of Dublin : Energy Savings Performance Contract | Page 27 EXHIBIT 1. PERFORMANCE CONTRACT AMENDMENT (DRAFT – completed at conclusion of IGA Phase) This Amendment is incorporated into the accompanying Energy Savings Performance Contract dated the [XX] day of [XX] in the [2021] year (the “Agreement”) for the following
PROJECT: To be Determined in the IGA Phase
THE CUSTOMER: City of Dublin
THE PERFORMANCE CONTRACTOR: Willdan Energy Solutions, Inc.

The Customer and Performance Contractor hereby amend the Agreement as follows.

TABLE OF ARTICLES

1. CONTRACT SUM

2. CONTRACT TIME

3. CONSTRUCTION SCHEDULE

4. INFORMATION UPON WHICH AMENDMENT IS BASED

5. PERFORMANCE CONTRACTOR’S PERSONNEL, CONTRACTORS AND SUPPLIERS

6. COST OF THE WORK
TABLE OF SCHEDULES (the following Schedules are added by this amendment) SCHEDULE E. ENERGY SAVINGS GUARANTEE (Completed with EXHIBIT 1.) SCHEDULE F. BASELINE ENERGY CONSUMPTION (Completed with EXHIBIT 1.) SCHEDULE G. SAVINGS MEASUREMENT & CALCULATION FORMULAE; METHODOLOGY TO ADJUST BASELINE (Completed with EXHIBIT 1.)

1. CONSTRUCTION-PHASE CONTRACT SUM
a) Stipulated Sum based on predetermined, not-to-exceed fees:
(1) The Stipulated Sum shall be ($_), subject to authorized adjustments as provided in the Design-Build Documents. (2) The Stipulated Sum is based on the Cost of Work and Performance Contractor’s Fees as detailed in ARTICLE 5 (SCHEDULE OF VALUES) below.

2. CHANGES IN THE CONSTRUCTION-PHASE CONTRACT SUM:
a) Any overage in the cost of the Scope of Work in SCHEDULE A (SCOPE OF WORK) shall be the responsibility of WES. b) Changes to the contract sum are warranted for, but are not limited to: Hazardous materials, additions or modifications to the Scope of Work, and Differing Site Conditions as defined in EXHIBIT 8 - Differing Site Conditions. All additional costs associated with these items shall be the responsibility of Customer.

3. GUARANTEE-PHASE CONTRACT SUM
a) Customer shall pay WES annual payments for Guarantee-Phase Services the amounts listed below, subject to the Services Agreement set forth in SCHEDULE B and any other applicable terms of this agreement:
(1) Year One: $0.00 (included in Construction-Phase Contract Sum) (2) Year Two: $TBD
467
City of Dublin : Energy Savings Performance Contract | Page 28 (3) Year Three: Year two price modified by the change, up or down, in CPI since the beginning of the year two agreement.
(4) Year Four and Beyond: Prior year modified by the last 12 months change, up or down, in CPI. b) Customer may cancel the Guarantee- Phase Services on any anniversary date or at the end of Customer’s fiscal year. If Customer cancels these services, WES reserves the right to cancel the Energy Savings Guarantee as outlined in SCHEDULE E. ENERGY SAVINGS GUARANTEE.

4. CONTRACT TIME
a) The date of Substantial Completion upon which this proposal is based is [DATE]. b) The date of Final Completion is [DATE].
c) Weather disruptions, availability of necessary equipment, remediation of hazardous materials, and other delays beyond the control of WES shall not count toward the construction timeframe in SECTION 5 (COMMENCEMENT DATE AND TERMS).
d) Guarantee Commencement Date is [DATE].

5. SCHEDULE OF VALUES
a) WES will prepare and submit a complete schedule of values along with initial Application for Payment. Projects listed as line items in the Schedule of Values will be treated as individual projects for the purposes of Progress Payments, Substantial Completion, Project Completion, and withholding of retention amounts.

6. CONSTRUCTION SCHEDULE
{Insert Construction Schedule}

7. INFORMATION UPON WHICH AMENDMENT IS BASED
The Contract Sum and Contract Time set forth in the Amendment are based on the following:
a) Scope of Work: The finalized scope of work to be performed under the original Agreement is revised and clarified as set forth in this Amendment as follows:
(1) INSERT DETAILED CONSTRUCTION SCOPE HERE
b) Drawings
(1) Scope of Work defined in 7.b supersedes any scope defined in the Drawings and Specifications. The Drawings and Specifications are provided to provide layout, quantities and general quality of equipment and materials to be incorporated in the project.

Number Title Date
01 c) S pecifications
(1) Scope of Work defined in 7.b supersedes any scope defined in the Drawings and Specifications. The Drawings and Specifications are provided to provide layout, quantities and general quality of equipment and materials to be incorporated in the project.

Number Title Date
01 468
City of Dublin : Energy Savings Performance Contract | Page 29 d) Supplementary and other Conditions of the Contract
(1) {list, if applicable}
e) Deviations from the Performance Contract Program Requirements as identified in SCHEDULE A.6:
(1) {insert scope of work deviations from program requirements}

8. PERFORMANCE CONTRACTOR’S PERSONNEL, CONTRACTORS AND SUPPLIERS a) The Performance Contractor’s key personnel are identified below:
(1) {insert list of project team, personnel, contractors and suppliers}

This Amendment to the Agreement entered into as of the day and the year first written above.

W E S C U S T O M E R
S i g n e d S i g n e d
N a m e N a m e
D a t e D a t e

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City of Dublin : Energy Savings Performance Contract | Page 30 EXHIBIT 2. CERTIFICATE OF SUBSTATIAL COMPLETION
Project Project Number:

From: WES To (Customer): [CUSTOMER NAME]
[WES Address] [Customer Address]
[WES Address] [Customer Address]
PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY FOR USE SHALL INCLUDE:

Scope of Work A {Identify the Work, or portion thereof per the schedule of values, that is substantially complete} The Work performed under this Performance Contract has been reviewed and found, to the best of the C ustomer’s knowledge, information, and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Performance Contract Documents so that the Customer can occupy or utilize the work for its intended use. The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by t he ESPC Documents, except as stated below:
{Identify warranties that do not commence on the date of Substantial Completion, if any, and indicate their date of commencement} Warranty Date of Commencement
Equipment A,
OWNER’S REPRESENTATIVE BY (Signature) DATE OF ISSUANCE
A list of items to be completed or corrected is attached hereto. The failure to include any items on such a list does not alter the responsibility of WES to complete all Work in accordance with the Performance Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment.

The estimated cost of work that is incomplete or defective: $ 0.00 WES will complete or correct the Work on the list of items attached hereto within [___] days from the above date of Substantial Completion:

PERFORMANCE CONTRACTOR BY (Signature) DATE
The Customer accepts the Work or designated portion as substantially complete and will assume full possession thereof on the above date of Substantial Completion:

CUSTOMER BY (Signature) DATE
The responsibilities of the Customer and WES for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows (e.g., Security, Maintenance, Heat, Utilities, Damage to the Work, Insurance):
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City of Dublin : Energy Savings Performance Contract | Page 31 EXHIBIT 3. CERTIFICATE OF ACCEPTANCE – PROJECT FINAL COMPLETION This is to certify that a final inspection of the Project has been conducted jointly by WES and City of Dublin, and that the pa rties have determined that the Project has been fully completed in accordance with the Contract Documents. All guarantees and warranties that have not commenced previously shall commence as of the date of completion below.

Customer accepts the Project as being fully completed and assumes responsibility for maintenance, custodial care, and utilities for the premises. WES remains responsible for correcting errors and omissions discovered subsequent to the execution of this document and to respond to claims made under applicable warranties.

W E S C U S T O M E R
S i g n e d S i g n e d
N a m e N a m e
D a t e D a t e

3615541.1
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City of Dublin : Energy Savings Performance Contract | Page 1 EXHIBIT 1. PERFORMANCE CONTRACT AMENDMENT
This Amendment is incorporated into the accompanying Energy Savings Performance Contract dated the 20 th day of November, 2020 (the “Agreement”) for the following:

PROJECT: City of Dublin Energy Reduction, Core Facility Infrastructure & Resiliency Upgrades THE CUSTOMER: City of Dublin
THE PERFORMANCE CONTRACTOR: Willdan Energy Solutions, Inc.

The Customer and Performance Contractor hereby amend the Agreement as follows.

TABLE OF ARTICLES

1. CONTRACT SUM

2. CONTRACT TIME

3. CONSTRUCTION SCHEDULE

4. INFORMATION UPON WHICH AMENDMENT IS BASED

5. PERFORMANCE CONTRACTOR’S PERSONNEL, CONTRACTORS AND SUPPLIERS

6. COST OF THE WORK

1. CONSTRUCTION-PHASE CONTRACT SUM
a) Stipulated Sum based on predetermined, not-to-exceed fees:
(1) The Stipulated Sum shall be ($21,428,950.00), subject to authorized adjustments as provided in the Design-Build Documents.
(2) The Stipulated Sum is based on the Cost of Work and Performance Contractor’s Fees as detailed in ARTICLE 5 (SCHEDULE OF VALUES) below.

2. CHANGES IN THE CONSTRUCTION-PHASE CONTRACT SUM:
a) Any overage in the cost of the Scope of Work in SCHEDULE A (SCOPE OF WORK) shall be the responsibility of WES. b) Changes to the contract sum are warranted for, but are not limited to: Hazardous materials, additions or modifications to the Scope of Work, and Differing Site Conditions as defined in EXHIBIT 8 - Differing Site Conditions. All additional costs associated with these items shall be the responsibility of Customer.

3. GUARANTEE-PHASE CONTRACT SUM
a) Customer shall pay WES annual payments for Guarantee-Phase Services the amounts listed below, subject to the Services Agreement set forth in SCHEDULE B and any other applicable terms of this agreement:
(1) Year One: $0.00 (included in Construction-Phase Contract Sum) (2) Year Two: $34,502 for M&V Option B projects and $14,568 for Option A & C projects at client’s request. Only one year of Guarantee-Phase Services have been included.
(3) Beyond Year Two: Cost for year three and beyond will be based on costs for year two and will be escalated by 3% for each year thereafter.
b) Customer may cancel the Guarantee-Phase Services on any anniversary date or at the end of Customer’s fiscal year. If Customer cancels these services, WES reserves the right to cancel the Energy Savings Guarantee as outlined in the Investment Grade Audit Report, Appendix E, Measurement & Verification Plan.

4. CONTRACT TIME









 






Attachment 4
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City of Dublin : Energy Savings Performance Contract | Page 2

a) Date of commencement of construction will be based on the execution of this document or an issued Notice to Proceed, whichever is the latter.
b) The estimated contract duration is 367 calendar days from the date of commencement of construction. c) Weather disruptions, availability of necessary equipment, remediation of hazardous materials, and other delays beyond the control of WES shall not count toward the construction timeframe in SECTION 5 (COMMENCEMENT DATE AND TERMS).
d) Guarantee Commencement Date shall start on the date of the Certificate of Project Completion.

5. SCHEDULE OF VALUES
a) WES will prepare and submit a complete schedule of values along with initial Application for Payment at the end of the first month after the execution of this Amendment. Progress payments will be per Section 7 of the Energy Savings Performance Contract following the initial payment, which will be due 60 days after contract execution. Projects listed as line items in the Schedule of Values will be treated as individual projects for the purposes of Progress Payments, Substantial Completion, Project Completion, and withholding of retention amounts.

6. PRELIMINARY CONSTRUCTION SCHEDULE (SCHEDULE IS SHOWN IN BUSINESS DAYS) 








 






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City of Dublin : Energy Savings Performance Contract | Page 3

7. INFORMATION UPON WHICH AMENDMENT IS BASED
The Contract Sum and Contract Time set forth in the Amendment are based on the following:
a) Scope of Work: The finalized scope of work to be performed under the original Agreement is revised and clarified as set forth in this Amendment as follows:
(1) MECHANICAL, ELECTRICAL & PLUMBING (MEP) UPGRADES & REPLACEMENTS (a) DUBLIN LIBRARY:









 






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City of Dublin : Energy Savings Performance Contract | Page 4

(i) General Scope and Intent: Replace (5) rooftop packaged units and one gas-fired boiler (ii) Demolition: Remove and dispose of the existing equipment, piping, and electrical not to be used with the new HVAC systems.
(a) Remove and dispose of (5) existing package units.
(b) Remove and dispose of (1) Heating Hot Water Boiler. (c) Remove and dispose of existing VAV air-flow sensors (typ. 21) (d) Remove and dispose of existing VAV zone temperature sensors (iii) New Work:
(a) Install (5) new package units. Provide curb adaptors as needed. New HVAC units shall be York or Willdan approved equivalent.
(b) Reconnect existing power to (5) new package units . (c) Install new air-flow sensors at VAV terminals (typ. 21). (d) Install (1) new gas-fired HHW Condensing Boiler w/ new expansion tank, circulation pipe, local sensors, gauges and instrumentation as needed. Provide power to new equipment as needed. (e) Install new Pelican Wireless system to control VAV damper actuators, package units, and heating hot water loop temperature setpoints. Equipment includes:
(i) (1) Z24 Zone Controller for ACU-1
(ii) (4) Z8 Zone Controller for ACU-2,3,4,5
(iii) (1) GW400 Gateway
(iv) (3) WR400 Repeaters
(v) (21) TS250 CO2 Thermostats
(vi) (22) TA-1 Sensor Adapters (one for flow confirmation) (vii) (21) Probe T-1 Supply Air Sensors
(viii)(2) Probe T-3 Pipe Sensors (water loop temp display) (ix) (1) TS200 Thermostat (water loop temp display)
(x) (1) Pearl (water loop temp display)
(xi) (1) PM-5 Power Control Module (enables boiler and pump) (xii) (1) BUN PTAC-3 Line Voltage Thermostat (EF-3)
(f) Additional Non-Pelican Equipment:
(i) Install new Belimo zone damper actuators as needed. (If existing zone damper actuators can operate as 24VAC floating/open/close, they may be reused). (ii) (21) Belimo retrofit water valve actuators (if existing water valve actuators can operate as 24VAC power open/power close or power open/spring closed, they may be reused). (g) Test, Adjustment, and Balancing : Test, adjustment and balance shall be performed on newly installed equipment to ensure it is delivering air/water flow per design including:
(i) Outside air flows of (5) AHUs shall be balanced to meet ventilation requirements per design. (ii) (21) VAV airflow sensors to be calibrated to ensure correct airflow is delivered from VAV box. (iii) Water balancing of heating hot water system shall be performed. (h) Commissioning: Willdan shall develop the commissioning plan, review construction documents, develop functional test procedures, coordinate commissioning activities, verify startup tests, and perform functional performance tests, and generate final commissioning report. (i) Provide facility training and turnover.
(b) SENIOR CENTER:
(i) General Scope and Intent: Scope includes replacing (11) rooftop packaged units and installing a new controls system.
(ii) Demolition: Remove and dispose of existing equipment and piping not to be re-used with the new system. (a) Remove and dispose of (11) existing packaged gas/electric rooftop units (b) Remove and dispose of existing wall-mounted thermostats (typ. 12). (iii) New Work:
(a) Install (11) new packaged gas/electric rooftop units. New HVAC units shall be York or Willdan approved equivalent.
(b) Install new Pelican Wireless system to control the new and existing HVAC equipment. Equipment includes:
(i) (1) GW400 Gateway
(ii) (2) WR400 Repeaters
(iii) (12) TS250 CO2 Thermostats
(iv) (1) Pearl Economizer Controller
(v) (1) PM-5 Power Control Module
(c) Test, Adjustment, and Balancing : Test, adjustment and balance shall be performed on newly installed equipment to ensure it is delivering airflow per design including:









 






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(i) Outside air flows of (11) RTUs shall be balanced to meet ventilation requirements per design. (d) Commissioning: Willdan shall develop the commissioning plan, review construction documents, develop functional test procedures, coordinate commissioning activities, verify startup tests, and perform functional performance tests, and generate final commissioning report. (e) Provide facility training and turnover.
(c) SHANNON COMMUNITY CENTER
(i) Retro Commissioning: Scope includes modifications to the operating parameters of (15) Split-DX systems.
(a) Equipment operating schedules to be reviewed and modified to capture unoccupied savings without adversely affecting occupied conditions.
(b) Setpoints for occupied and unoccupied operation to be adjusted for optimal building performance and energy efficiency.
(c) O utside air damper operation optimized for energy efficiency and building ventilation requirements. (d) Exclusions: Repairs, replacements or modifications to existing equipment and associated fans and control wiring.
(d) FIRE STATION 16
(i) New Work: Install new Pelican Wireless system to control the new and existing HVAC equipment.

Equipment Includes:
(a) (1) GW400 Gateway
(b) (2) WR400 Repeaters
(c) (7) TS250 or TS200 Thermostats
(d) (7) TA-1 Sensor Adapters (for supply air temperature display) (e) (7) Probe T-1 Supply Air Sensors (for supply air temperature display) (f) Commissioning: Willdan shall develop the commissioning plan, review construction documents, develop functional test procedures, coordinate commissioning activities, verify startup tests, and perform functional performance tests, and generate final commissioning report. (g) Provide facility training and turnover.
(e) FIRE STATION 17:
(i) General Scope and Intent: Replace (4) split-systems that supply heating and cooling to the occupied areas of the station.
(ii) Demolition: Remove and dispose of existing equipment and piping not to be re-used with the new system. (a) Remove and dispose of (4) existing split systems
(b) Remove and dispose of existing wall-mounted thermostats (typ. 5). (iii) New Work:
(a) Installation of (4) new split systems. New HVAC units shall be York or Willdan approved equivalent. (b) Install new Pelican Wireless system to control the new and existing HVAC equipment. Equipment Includes:
(i) (1) GW400 Gateway
(ii) (2) WR400 Repeaters
(iii) (16) TS250 CO2 Thermostats (2 for Truck Bay unit heaters) (iv) (1) TS200 (mini-split)
(v) (2) Pearls
(vi) (3) Z8 Zone Controllers
(vii) (17) TA-1 Sensor Adapters (supply air sensing)
(viii)(17) Probe T-1 Supply Air Sensors (supply air sensing) (c) Provide facility training and turnover.
(d) Commissioning: Willdan shall develop the commissioning plan, review construction documents, develop functional test procedures, coordinate commissioning activities, verify startup tests, and perform functional performance tests, and generate final commissioning report. (f) FIRE STATION 18:
(i) General Scope and Intent: Replace (2) split-systems that supply heating and cooling to the occupied areas of the fire station.
(ii) Demolition: Remove and dispose of existing equipment and piping not to be re-used with the new system:









 






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(a) Remove and dispose of (2) existing split systems
(b) Remove and dispose of existing wall-mounted thermostats (typ. 4). (iii) New Work:
(a) Installation of (2) new split systems. New HVAC units shall be York or Willdan approved equivalent. (b) Install new Pelican Wireless system to control the new and existing HVAC equipment. Equipment includes:
(i) (1) GW400 Gateway
(ii) (2) WR400 Repeaters
(iii) (10) TS250 CO2 Thermostats (2 for unit heaters)
(iv) (1) TS200 (mini-split)
(v) (2) Pearls
(vi) (2) Z8 Zone Controllers
(vii) (10) TA-1 Sensor Adapters (supply air sensing)
(viii)(10) Probe T-1 Supply Air Sensors (supply air sensing) (c) Provide facility training and turnover.
(d) Commissioning: Willdan shall develop the commissioning plan, review construction documents, develop functional test procedures, coordinate commissioning activities, verify startup tests, and perform functional performance tests, and generate final commissioning report. (g) HERITAGE PARK & MUSEUM:
(i) General Scope and Intent: Replace (1) packaged unit located at the Museum. (ii) Demolition: Remove and dispose of existing equipment and piping not to be re-used with the new system. (a) Remove and dispose of (1) existing floor-mounted gas/electric packaged unit at the Museum only. (b) Remove and dispose of existing wall-mounted thermostats at Heritage Park and Museum (iii) New Work:
(a) HVAC Upgrades (Museum Only)
(b) Install one new floor-mounted packaged unit and reconnect to existing ductwork. New HVAC unit shall be York or Willdan approved equivalent.
(c) Reconnect power to new equipment.
(d) Control Upgrades: Install new Pelican Wireless system to control the new and existing HVAC equipment. Pelican Wireless equipment at each facility includes:
(e) Kolb house:
(i) (3) TS250 Thermostats
(ii) (3) TA-1 Sensor Adapters
(iii) (3) Probe T-1 Supply Air Sensors
(iv) (2) Mini-split conventional Thermostat Interface (CTI) Boards (v) (2) 24VAC transformers for CTIs
(f) Sunday School Barn:
(i) (1) TS250 Thermostat
(ii) (1) TA-1 Sensor Adapter
(iii) (1) Probe T-1 Supply Air Sensor
(g) Church:
(i) (1) TS250 Thermostat
(ii) (1) TA-1 Sensor Adapter
(iii) (1) Probe T-1 Supply Air Sensor
(h) Museum:
(i) (2) TS250 Thermostats
(ii) (2) TA-1 Sensor Adapter
(iii) (2) Probe T-1 Supply Air Sensor
(i) Commissioning: Willdan shall develop the commissioning plan, review construction documents, develop functional test procedures, coordinate commissioning activities, verify startup tests, and perform functional performance tests, and generate final commissioning report. (j) Provide facility training and turnover.
(h) MEP Exclusions: Overtime, temporary heating and cooling, fire/smoke dampers, duct-mounted smoke detectors, access doors, structural work and structural engineering, asbestos testing and abatement, new duct work except as needed to accommodate installation of new units, duct cleaning, and fireproofing or caulking of existing penetrations. TAB on existing equipment to remain, distribution ductwork, distribution piping, and associated dampers, diffusers, and valves, other than what is specifically stated within this section to accommodate the installation of new equipment. Salvage of equipment scheduled for removal. View-limiting screening of new or 








 






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City of Dublin : Energy Savings Performance Contract | Page 7

existing equipment. Work required to bring existing systems up to code that are not a part of this scope, including but not limited to ADA and Fire Life Safety.
(2) DISTRIBUTED ENERGY RESOURCE & RESILIENCY UPGRADES
(a) Turnkey installation and user training of Solar PV and battery energy storage systems at the following locations.

This scope of work includes an allowance to be used toward mandated items from authorities having jurisdiction such as, but not limited to: tree removal, transformers, roof safety tie-offs, and increased utility interconnection fees. The allowance for this scope of work, including all labor, equipment, and materials is $100,000. The allowance value will be reconciled after the scopes of work are completed. (i) Civic Center
(a) Install 232 kW solar PV on new painted carport structure with under canopy lighting (i) The clear height for all arrays will be 10’ from grade. (ii) String inverters will be column mounted.
(iii) New LED canopy lighting fixtures will be tied into existing parking lot lighting power circuit. (b) Install 32 kW/ 64 kWh battery energy storage system with programming to operate for economic benefit - peak shaving/ rate arbitrage
(c) Tree removal as required for new carport (out of owner directed allowance) (ii) Dublin Library
(a) Install 128 kW solar PV on rooftop.
(iii) Corporation Yard
(a) Install 47 kW roof mount solar PV system.
(b) Install 100 kW/ 165 kWh battery storage system with microgrid controller and programming (iv) The Wave
(a) Install swimming pool control system firmware upgrade (b) Install 525 kW solar PV on new painted carport structure with under canopy lighting (i) The clear height for all arrays will be 10’ from grade. (ii) String inverters will be column mounted.
(iii) New LED canopy lighting fixtures will be tied into existing parking lot lighting power circuit. (c) Install 500 kW / 1100 kWh battery storage system, microgrid controller and programming (d) Light pole and tree removal as needed (out of owner directed allowance) (e) Parking stall re-striping under footprint of solar array (v) Senior Center
(a) Install 38 kW roof mounted solar PV system
(b) Install 100 kW/ 165 kWh battery storage system with microgrid controller and programming (vi) Fire Station 17
(a) Install 23 kW roof mounted solar PV system
(vii) Fire Station 18
(a) Install 13 kW roof mounted solar PV system
(viii) Fallon Sports Park
(a) Install 59 kW solar PV on new carport structure with under canopy lighting (i) The clear height for all arrays will be 10’ from grade. (ii) String inverters will be column mounted.
(iii) New LED canopy lighting fixtures will be tied into existing parking lot lighting power circuit. (b) Light pole removal as needed for new carport, including grind down and asphalt patch if needed (out of owner directed allowance).
(c) Tree removal as needed (out of owner directed allowance). (d) Parking stall re-striping under footprint of solar array (b) Allowance for Public Safety Complex and Dublin Sports Grounds solar PV and EV charging installations. The allowance for this scope of work, including all labor, equipment, and materials is $3,284,500. The allowance value will be reconciled after the scopes of work are completed. The schedule for these scopes of work will be defined at the completion of the design and will be incorporated into the contract through an amendment to the contract.
(i) Public Safety Complex
(a) Install 136 kW roof mounted and carport solar PV system to offset future EV charging loads (b) Install three (3) dual-port Level 2 EV Charging Stations in parking lot, adding six (6) new EV charging spaces to the site
(c) Install one (1) 220V Motorcycle charging outlet









 






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(d) Install electric infrastructure to create nine (9) new EV Capable Spaces in parking lot (no charging station to be installed)
(ii) Dublin Sports Grounds
(a) Install 200 kW carport solar PV system to offset future EV charging loads (b) Install (14) dual-port Level 2 EV Charging Stations in parking lot, adding twenty-eight (28) new EV charging spaces to the site
(c) Install two (2) 60 kW DC Fast Chargers (DCFC)
(d) Install electric infrastructure to create forty-two (42) new EV Capable Spaces in parking lot (no charging station to be installed)
(c) Exclusions: Transformer upgrades, EV charging stations (except where specified), interconnection fees above $800, parking lot reconfiguration at Civic Center, parking lot ADA upgrades, striping unless noted otherwise, grading, curb and gutter, site work, galvanizing metal carports, landscape and irrigation modifications, and tree removal unless noted otherwise. Replanting of any removed trees. (3) INTERIOR & EXTERIOR LIGHTING RETROFITS
(a) Turnkey installation of LED lighting retrofits and replacements for the following locations: Dublin Library, Senior Center, Shannon Community Center, The Wave, Corporation & Maintenance Yard, Heritage Park & Museums, and Fire Stations 16, 17, & 18.
(b) Retrofit strategies include the following:
(i) Replace linear fluorescent T-8 lamps and ballasts with LED lamps and drivers in existing fixtures (ii) Retrofit incandescent and CFL screw-in lamps with new screw-in LEDs (iii) Replace or retrofit recessed can fixtures with LEDs (iv) Replace compact fluorescent lamps (CFL) plug-in lamps with LED plug-in lamps (v) Where not currently in place but where appropriate, install wireless vacancy sensors with option to shut off interior lighting when rooms are unoccupied
(vi) Replace CFL and HPS wall packs at exterior areas with new LED wall packs (vii) Replace metal halide (MH) and high pressure sodium (HPS) flood lamps with new LED fixtures (viii)Replace MH & HPS pole light heads with new LED area lights (ix) Replace existing CFL and HPS, surface and canopy-mounted fixtures, with new LED fixtures (x) Where applicable, new LED fixtures will come equipped with occupancy sensors (xi) Existing structural attachments will be reused.
(xii) Disposal of removed lamps and ballasts with disposal manifests will be performed per EPA, or other state and local regulations.
(c) Exclusions: Controls integration into building automation system; new electrical work; new conduit, new circuits, breakers, switchgear and upgrades to existing equipment; grounding existing luminaries which are not grounded and being retrofit; retrofitting or replacing task lighting, furniture, decorative or stage light fixtures; and performing any work on exterior light fixtures located on the same pole or within ten feet of utility lines.

Work related to existing fixtures receiving a voltage greater than 240V. Repair or replacement of existing poles and pole bases.
(4) CITY PARK LIGHTING
(a) Turnkey installation (interior and exterior) of LED lighting retrofits and replacements for the following locations: Alamo Creek Park, Emerald Glen Park, Fallon Sports Park, Shannon Park, Ted Fairfield Park, (b) Turnkey installation (exterior only) of LED lighting retrofits and replacements for the following locations: Bray Commons, Dolan Park, and Mape Memorial Park.
(c) Improved lighting coverage at the following locations:
(i) Mape Memorial Park
(a) Install new light pole at the south end of the pedestrian bridge (b) Add 2 new light poles along walkway between north park entrance and pedestrian bridge (ii) Ted Fairfield Park
(a) Add new light pole by bridge entrance
(b) Add wall pack lighting on restroom building
(iii) Alamo Creek Park.
(a) Install 2 light poles on northwest edge of parking lot (b) Install 1 new light pole at bridge entrance
(c) Install new light fixtures on existing poles in playground area. 








 






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(d) Exclusions: Controls integration into building automation system, retrofitting or replacing task lighting, furniture, decorative or stage light fixtures; and performing any work on exterior light fixtures located on the same pole or within ten feet of utility lines. Work related to existing fixtures receiving a voltage greater than 240V; Applicable to existing light fixtures receiving retrofit or replacement: new electrical work; new conduit, new circuits, breakers, switchgear and upgrades to existing equipment; grounding existing luminaries which are not grounded and being retrofit Repair or replacement of existing poles and pole bases. (5) STREET LIGHTING
(a) LED retrofit of 1,574 existing streetlights at Dublin Ranch Special District. (b) Exclusions: Lighting controls or controls integration; new electrical work; new conduit, new circuits, breakers, switchgear and upgrades to existing equipment; grounding existing luminaries which are not grounded and being retrofit; performing any work on exterior light fixtures located on the same pole or within ten feet of utility lines.

Work related to existing fixtures receiving a voltage greater than 240V. Repair or replacement of existing poles and pole bases. Painting of existing poles and fixtures. (6) ELECTRICAL & GENERATOR UPGRADES
(a) Furnish and install new motor generator at Shannon Community Center (i) New generated shall be rated for 150 kW
(ii) Generator shall be provided with a weatherproof enclosure (iii) New fuel tank shall be sized to provide 72 hours of continuous generator run-time (iv) New structural pad shall be installed
(v) New power, control, and communications shall be installed (b) Replace motor generator at Fire Station #16
(i) New generator rated for a minimum of 50 kW
(ii) New generator shall be installed in the same location as existing (iii) Existing structural pad to be reused and modified as necessary (iv) Existing fuel tank to be reused and replumbed as necessary to new generator (v) Existing electrical to be reused
(c) Replace motor generator at Fire Station #17
(i) New generator rated for a minimum of 50 kW
(ii) New generator shall be installed in the same location as existing (iii) Existing structural pad to be reused and modified as necessary (iv) Existing fuel tank to be reused and replumbed as necessary to new generator (v) Existing electrical to be reused
(d) Replace motor generator at Fire Station #18
(i) New generator rated for a minimum of 50 kW
(ii) New generator shall be installed in the same location as existing (iii) Existing structural pad to be reused and modified as necessary (iv) Existing fuel tank to be reused and replumbed as necessary to new generator (v) Existing electrical to be reused
(e) Furnish and install new motor generator at Dublin Library (i) New generated shall be rated for 300 kW
(ii) Generator shall be provided with a weatherproof enclosure (iii) New fuel tank shall be sized to provide 72 hours of continuous generator run-time (iv) New structural pad shall be installed
(v) New power, control, and communications shall be installed (vi) New automatic transfer switch shall be installed
(f) Exclusions: Replacement of existing switchboards, transformers, conduit, conductors, other electrical, or fuel tanks; installation of a new automatic transfer switch or replacement of existing unless otherwise specified. (7) SPORTS LIGHTING:









 






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(a) Replace existing metal halide sports lights with Musco LED lighting system. Scope includes retrofits, relights, new lighting system installation, training and pre-demolition and post-install measurements for the following Projects:
(i) Dublin Sports Grounds:
(a) Install new lighting at Baseball and Soccer fields
(ii) Emerald Glen Park:
(a) Install new lighting for (2) tennis courts, (2) basketball courts and Skate Park (iii) Fallon Sports Park:
(a) Install new lighting for Soccer Fields 2 & 4, (1) baseball field, (2) softball fields, (4) tennis courts, (4) basketball courts,
(iv) Kolb Park:
(a) Install new lighting for (2) tennis courts
(b) Provide remote lighting controls for the following projects:
(i) Dublin Sports Grounds:
(a) Baseball and Soccer fields
(ii) Fallon Sports Park:
(a) Soccer Fields 2 & 4, (1) baseball field, (2) softball fields (c) Exclusions: Replacement of existing switchboards, switchgear, transformers, conduit, conductors, other electrical. New electrical work; new conduit, new circuits, breakers, switchboards; grounding existing luminaries which are not grounded and being retrofit. Repair or replacement of existing poles and pole bases. (8) TRAFFIC SIGNAL RESILIENCY UPGRADES
(a) Remove the existing battery backup system and install a hydrogen fuel cell system for the following (11) intersections:

Intersection Name Backup Power System
Type
Dublin Blvd at Dougherty Rd Fuel Cell
Dublin Blvd at Hacienda Dr Fuel Cell
Hacienda Dr at Martinelli Way Fuel Cell
Dublin Blvd at Tassajara Rd Fuel Cell
Dublin Blvd at Fallon Rd Fuel Cell
Fallon Rd at Fallon Gateway Fuel Cell
Dublin Blvd at Village Pkwy Fuel Cell
Dublin Blvd at San Ramon Rd Fuel Cell
Tassajara Rd at Fallon Rd Fuel Cell
Gleason Dr at Tassajara Rd Fuel Cell
Dublin Blvd at Arnold Rd Fuel Cell
(i) Vegetation removal, irrigation modifications, concrete pads, new raceways, and relocation of existing service pedestal and/or other utility cabinets are included for each location in subparagraph (a). (ii) Salvage of existing Alpha or Myers Battery Backup Systems complete is included for each location in subparagraph (a).
(iii) The following equipment, or equivalent as approved by Willdan, is included for each location in subparagraph (a):
(a) (1) Altergy Freedom TSP Fuel Cell System
(b) (6) Type “K” Hydrogen cylinders, fully filled
(c) (1) Altergy Hydrogen fuel enclosure
(b) Remove and replace existing battery backups at the following (6) intersections:









 






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Intersection Name Backup Power System
Type
Dougherty Rd at Amador Valley Blvd Battery Backup
San Ramon Rd at Amador Valley Blvd Battery Backup
Village Pkwy at Amador Valley Blvd Battery Backup
Hacienda Dr at Gleason Dr Battery Backup
Gleason Dr at Fallon Rd Battery Backup
Horizon Pkwy at Arnold Rd Battery Backup
(i) Salvage of existing Alpha or Myers Battery Backup Systems complete is included for each location in subparagraph (b).
(ii) The following equipment, or equivalent as approved by Willdan, is included for each location i n subparagraph (b):
(a) (1) SP1250LX-N-48VDC UPS System
(b) (1) SP-09A2 Internal SNMP Card
(c) (1) SPD-302C Bypass Switch with GFI/Duplex, Generator Cable and Connector (d) (1) SPLX-48 Internal Fast Battery Charger 48 VDC
(e) (1) SP-24B Dual Battery Cable
(f) (1) OP96D Set of 8 Outpost 51 AMP HR Batteries
(g) (1) CBS-127 UPS System Cabinet with thermal options and Corbin lock. Natural Aluminum Finish (c) Furnish and install new Clary SP1250LX battery backup system complete, or equivalent as approved by Willdan, at the following four (4) intersections that do not have an existing backup system:

Intersection Name Backup Power System
Type
Dublin Blvd at Amador Plaza Rd Battery Backup
Dublin Blvd at Scarlett Dr Battery Backup
Dougherty Rd at Scarlett Dr Battery Backup
Amador Valley Blvd at Amador Plaza Rd Battery Backup
(i) All equipment identified in subparagraph (b)(ii) is included for each location in subparagraph (c) (ii) No demolition is anticipated for this scope.
(d) Furnish (1) additional Clary SP1250LX battery backup system complete, or equivalent as approved by Willdan, including equipment identified in (b)(ii) for the future traffic signal at Horizon Pkwy. & Scarlett Dr. Installation is excluded from this scope.
(e) Exclusions: Refilling and topping off of hydrogen cylinders and performing annual maintenance on hydrogen fuel cell systems and battery backup systems.
b) Drawings
(1) Scope of Work defined in 7(a) supersedes any scope defined in the Drawings and Specifications. The Drawings and Specifications are provided to provide layout, quantities and general quality of equipment and materials to be incorporated in the project.

Sheet Title Drawing Set Date
T000 Title Sheet Shannon Community Center Electrical Renovations 3/5/2021 G001 Legends & General Notes Shannon Community Center Electrical Renovations 3/5/2021 G002 Legends & Abbreviations PG2 Shannon Community Center Electrical Renovations 3/5/2021 E100 Electrical Site Plan Shannon Community Center Electrical Renovations 3/5/2021 E700 One-Line Diagram Shannon Community Center Electrical Renovations 3/5/2021 T000 Title Sheet City of Dublin Library Renovation 3/5/2021 G001 Legends & General Notes City of Dublin Library Renovation 3/5/2021 G002 Legends & Abbreviations PG2 City of Dublin Library Renovation 3/5/2021 G003 General Notes City of Dublin Library Renovation 3/5/2021 








 






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G004 General Notes PG2 City of Dublin Library Renovation 3/5/2021 MD101 HVAC Floor Plan – Demo City of Dublin Library Renovation 3/5/2021 MD102 HVAC Roof Plan - Demo City of Dublin Library Renovation 3/5/2021 M101 HVAC Floor Plan – New Work City of Dublin Library Renovation 3/5/2021 M102 HVAC Roof Plan – New Work City of Dublin Library Renovation 3/5/2021 M500 HVAC Details City of Dublin Library Renovation 3/5/2021 M600 HVAC Schedules City of Dublin Library Renovation 3/5/2021 M601 Title-24 Compliance Forma City of Dublin Library Renovation 3/5/2021 E100 Electrical Site Plan City of Dublin Library Renovation 3/5/2021 E101 Electrical Power Plan – Main Level City of Dublin Library Renovation 3/5/2021 E102 Electrical Power Plan – Roof City of Dublin Library Renovation 3/5/2021 E500 Electrical Details City of Dublin Library Renovation 3/5/2021 E600 Electrical Schedules City of Dublin Library Renovation 3/5/2021 E700 One-Line Diagram City of Dublin Library Renovation 3/5/2021 L201 Lighting Plan – Main Level City of Dublin Library Renovation 3/5/2021 c) Specifications
(1) Scope of Work defined in 7(a) supersedes any scope defined in the Drawings and Specifications. The Drawings and Specifications are provided to provide layout, quantities and general quality of equipment and materials to be incorporated in the project.

Spec Section Title
010000 General Requirements
230100 General Mechanical Requirements
230500 Common Work Results for HVAC
230513 Common Motor Requirements for HVAC Equipment
230519 Meters and Gages for HVAC Piping
230553 Identification for HVAC Systems
230593 TAB for HVAC
230700 HVAC Insulation
230800 Commissioning for HVAC
230900 Building Automation Controls
230983 Control System Validation & Commissioning
232113 HVAC Piping, Valves & Fittings
232123 Hydronic Pumps
232300 Refrigerant Piping & Fittings
232500 HVAC Water Treatment
235215 Condensing Boilers
237413 Packaged Rooftop Units
238119 Self-contained Air Conditioners & Heaters
260010 General Electrical Requirements
260500 Common Work Results for Electrical
260519 Electrical Power Conductors & Cables
260526 Grounding & Bonding of Electrical Systems









 






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260533 Raceways & Boxes for Electrical Systems
260553 Identification for Electrical Systems
263213 Diesel Engine Generators
263600 Transfer Switches
265100 Interior Lighting
265600 Exterior Lighting
d) Supplementary and other Conditions of the Contract
(1) Investment Grade Audit Report dated 07/05/21, including the following Appendices:

Appendix Title
A HVAC & Controls Upgrades
B LED Lighting & Lighting Controls Upgrade
C Traffic Signal Resiliency
D Emergency Generators
E M&V Plan
F Additional Information
(a)
e) Deviations from the Performance Contract Program Requirements as identified in SCHEDULE A.6:
(1) none

8. PERFORMANCE CONTRACTOR’S PERSONNEL, CONTRACTORS AND SUPPLIERS a) The Performance Contractor’s key personnel are identified below:

Name Title Email Mobile
Tom Black Director of Construction [email protected] 303-928-0913 Garth McCann Vice President of Operations [email protected] 970-566-2022 Jeff Lorentz Construction Manager [email protected] 503-949-7843 Joshua Slocum Commissioning Engineer [email protected] 913-579-8124 








 






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This Amendment to the Agreement entered into as of the day and the year first written above.

WES CUSTOMER
Signed Signed
Name Name
Date Date

"#

""
#
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"
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EXHIBIT 2. CERTIFICATE OF SUBSTATIAL COMPLETION (template to be completed at a later date upon each substantially completed scope)
Project Project Number:

From: WES To (Customer): [CUSTOMER NAME]
[WES Address] [Customer Address]
[WES Address] [Customer Address]
PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY FOR USE SHALL INCLUDE:

Scope of Work A {Identify the Work, or portion thereof per the schedule of values, that is substantially complete} The Work performed under this Performance Contract has been reviewed and found, to the best of the Customer’s knowledge, information, and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Performance Contract Documents so that the Customer can occupy or utilize the work for its intended use. The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by t he ESPC Documents, except as stated below:
{Identify warranties that do not commence on the date of Substantial Completion, if any, and indicate their date of commencement} Warranty Date of Commencement
Equipment A,
OWNER’S REPRESENTATIVE BY (Signature) DATE OF ISSUANCE
A list of items to be completed or corrected is attached hereto. The failure to include any items on such a list does not alter the responsibility of WES to complete all Work in accordance with the Performance Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment.

The estimated cost of work that is incomplete or defective: $ 0.00 WES will complete or correct the Work on the list of items attached hereto within [___] days from the above date of Substantial Completion:

PERFORMANCE CONTRACTOR BY (Signature) DATE
The Customer accepts the Work or designated portion as substantially complete and will assume full possession thereof on the above date of Substantial Completion:

CUSTOMER BY (Signature) DATE
The responsibilities of the Customer and WES for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows (e.g., Security, Maintenance, Heat, Utilities, Damage to the Work, Insurance):









 






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EXHIBIT 3. CERTIFICATE OF ACCEPTANCE – PROJECT FINAL COMPLETION(template to be completed at a later date upon final completion)
This is to certify that a final inspection of the Project has been conducted jointly by WES and City of Dublin, and that the par ties have determined that the Project has been fully completed in accordance with the Contract Documents. All guarantees and warranties that have not commenced previously shall commence as of the date of completion below.

Customer accepts the Project as being fully completed and assumes responsibility for maintenance, custodial care, and utilities for the premises. WES remains responsible for correcting errors and omissions discovered subsequent to the execution of this document and to respond to claims made under applicable warranties.

WES CUSTOMER
Signed Signed
Name Name
Date Date









 






487
Number GI0121 Program GENERAL
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE

YEARS T
OTALS
9100 $11,129 $88,871 $100,000
9200 $49,586 $97,334 $146,920
9400 $12,063,943 $10,615,027 $30,000 $22,708,970
9500 $146 $354 $500
$12,124,804 $10,801,586 $30,000 $22,956,390
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE

YEARS T
OTALS
1001 $60,861 $1,436,559 $1,497,420
2705 $332,053 $474,302 $30,000 $836,355
7102 $11,731,890 $8,890,725 $20,622,615
$12,124,804 $10,801,586 $30,000 $22,956,390

ANNUAL OPERATING IMPACT
Street Light District
East Dublin 1999-1
Salaries & Benefits
Contract Services
Improvements
2022-2027 CAPITAL IMPROVEMENT PROGRAM

CITYWIDE ENERGY IMPROVEMENTS
TOTAL
Energy Improve. Lease
Bond
Miscellaneous

ESTIMATED COSTS

FUNDING SOURCE
TOTAL
General Fund

PROJECT DESCRIPTION
This project provides for the planning (Investment Grade Audit), design, and construction of various energy upgrades, efficiency improvements, lighting upgrades, energy generation, solar photovoltaic (PV) systems, and energy storage projects at facilities, parks, street rights-of-way, and other City-owned property. The project includes lighting and controls upgrades at Mape Memorial Park, Alamo Creek Park, Ted Fairfield Park, Bray Commons Park, Dolan Park, Emerald Glen Park, Fallon Sports Park, Heritage Park, and Shannon Park, as well as interior and exterior building lighting and controls upgrades at the Library, Corp Yard, Heritage Park and Museums facilities, Shannon Community Center, Fire Stations 16, 17, and 18, and at The Wave. The conversion of approximately 1,626 streetlights in the East Ranch Street Light Assessment District (1999-1) to LED is also included. There will be various mechanical, HVAC and controls upgrades at the following facilities: Library, Senior Center, Heritage Park and Museums, The Wave, Fire Stations 16, 17, and 18.

Renewable, resiliency, and disaster preparedness improvements to prepare for future PG&E Public Safety Power Shutoff events and other emergency events will be provided with back-up generators at the Library, Shannon Community Center, Fire Stations 16, 17, and 18, while battery back-up or hydrogen fuel cell resiliency will be provided at 22 major street intersections throughout the city. Solar PV and EV charging will be provided at Dublin Sports Grounds and Public Safety Complex.

Solar PV with battery energy storage systems will be provided at the Civic Center, The Wave, Corp Yard, and Senior Center. Solar PV will be provided at the Library, Fallon Sports Park, Fire Stations 17 and 18. The new solar PV and replacement HVAC systems on the Library roof require a portion of the roof to be replaced, and to support the additional solar PV canopies at the Civic Center, a portion of the parking lot will be reconfigured.

ANNUAL OPERATING IMPACT: Savings in energy costs
MANAGING DEPARTMENT: Public Works
Attachment 5
488

STAFF REPORT

CITY COUNCIL

Agenda Item 4.7
DATE: October 17, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Gloria Tai, Senior Finance Technician
EXECUTIVE SUMMARY:

The City Council will receive a listing of payments issued from September 1, 2023 – September 30, 2023, totaling $6,125,063.78.

STAFF RECOMMENDATION:

Receive the report.

FINANCIAL IMPACT:

Summary of Payments Issued
Report Period September 1, 2023 – September 30, 2023
Total Number of Payments: 328
Total Amount of Payments: $6,125,063.78
DESCRIPTION:

The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning September 1, 2023, through September 30, 2023. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No.189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures.

The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such 489

payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Payment Issuance Report for September 2023
490
Date Issued
9/1/2023
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CAL PERS PERS RETIREMENT PLAN: PE 8/25/23 94,694.37
City of Dublin
Payment Issuance Report
Payments Dated 9/1/2023 through 9/30/2023
Payee Description Amount
RETIREE MEDICAL EFT RETIREE MEDICAL 193,310.12
ALL CITY MANAGEMENT SVCS INC CROSSING GUARD SERVICES 13,821.73 A4 PROMOTIONS & INCENTIVES ANNIVERSARY SIGN 98.07
A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 373.80
Payments Issued 9/1/2023 Total: 288,004.49
AT&T - CALNET 3 SERVICE TO ELEVATOR 08/14/23 124.49
AT&T - CALNET 3 SERVICE TO FS18 08/14/23 100.00
AT&T - CALNET 3 SERVICE TO BLDG INSP 08/14/23 51.03
AT&T - CALNET 3 SERVICE TO CY 08/14/23 75.52
AT&T - CALNET 3 HERITAGE CENTER BACKUP 08/06/23 52.57
AT&T - CALNET 3 SHANNON CENTER ALARM 9391063350 08/12/23 26.02 AT&T - CALNET 3 HERITAGE 9391018979 08/14/23 26.03
BIG O'TIRES #7 POLICE VEHICLE REPAIRS & MAINTENANCE 519.99 AT&T - CALNET 3 SERVICE TO PSC FIRE 75.52
AT&T - CALNET 3 SERVICE TO LIBRARY 911 08/14/23 51.03
AT&T - CALNET 3 SERVICE TO CY 08/14/23 256.03
AT&T - CALNET 3 SERVICE TO CY FAX 08/14/23 51.03
BSK ASSOCIATES INC. WALLIS RNCH GEOTECH SRVS FOR SOIL CLASSIF. JUL 2023 519.00 BSK ASSOCIATES INC. TESTING/INSP FALLON SPORTS PARK PH3 JUL 2023 2,409.50 CASTRO VALLEY PERFORMING ARTS REC CLASS INST RUCTOR 3,888.00 CALLANDER ASSOCIATES INC. WALLIS RA NCH PARK DESIGN SERVICES JUL 2023 13,350.51 CARBONIC SERVICE THE WAVE POOL CHEMICALS 890.60
BYOG SHOP LOCAL T-SHIRTS 2,396.50
CALLANDER ASSOCIATES INC. WALLIS RA NCH PARK DESIGN SERVICES JUN 2023 16,467.52 CHRISTINE PETIT REC CL ASS INSTRUCTOR 292.80
DUTCHOVER & ASSOCIATES LANDSCAPE PLAN CHECK & INSPECTIONS 353.75 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 8/25/23 22,250.43 DSRSD DSRSD - INSPECTION PERMIT FEE'S WALLIS RA NCH PRK 3,094.00 DUBLIN UNIFIED SCHOOL DISTRICT STAGER WATER - JUN 1 - JUL 31 2023 1,208.31 DREAM RIDE ELEVATOR ELEVATOR MAINTENANCE - JUL 2023 516.00 DREAM RIDE ELEVATOR ELEVATOR MAINTENANCE AUG 2023 516.00 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES 600.00
IRON MOUNTAIN POLICE RECORDS STORAGE 372.67
EVERYTHING GROWS INTERIOR LANDSCAPING INTERIOR PLANT CARE & MAINT. - AUG 2023 212.69 FEDEX OVERNIGHT DELIVERY RECORDER -HEXCEL NOA 27.31
EUROPEAN MOBILE WERKS POLICE VEHICLE REPAIR & MAINTENANCE 3,788.01 M-GROUP PLANNING SERVICES - BOULEVARD PH 1-5 6,791.25
MNS ENGINEERS, INC. DON BIDDLE COMMUNITY PARK INSPECTIONS JUL 2023 270.53 MNS ENGINEERS, INC. CONSTR MGMT/INSP-EV CHARGING STATIONS JUL 2023 3,156.13 PG&E B6 IRRIG 3600 PALERMO WAY 08/10/23 8.04
MNS ENGINEERS, INC. IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD JUL 2023 27,485.04 LIVERMORE-PLEASANTON UMPIRES ASSOCIATION OFFICIATING SERVICES FOR PCS SPORTS PROGRAMS 3,850.00 KEYSER MARSTON ASSOCIATES, INC REAL ESTATE CONSULTING SERVICES 1,266.25 KIMLEY-HORN AND ASSOC. INC. PREPARE CEQA ANALYSIS FOR THE DDSP AMENDMENT 21,788.05 ON
THE VINE CATERING AI SUMMIT SPONSOR 2,000.00
PAKPOUR CONSULTING GROUP, INC. CONSTRUCTION MGMT-FALLON SPORTS PARK PH3 JUL 2023 5,126.25 PARK ENGINEERING, INC. CONSTR MGMT DUBLIN BLVD PAVEMENT REHAB JAN 2023 20,916.24 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CORP YARD - JUL 2023 99.94 PAKPOUR CONSULTING GROUP, INC. CONSTRUCTION MGMT-DON BIDDLE COMM PARK JUL 2023 3,150.00 MNS ENGINEERS, INC. INSP/CNST MGMT-2021 SLURRY SEAL/DUBLIN BLVD PAVE 1,713.33 OFFICE TEAM TEMPORARY EMPLOYEE-SHORT TERM RECORDS PROJECT 153.38 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SENIOR - JUL 2023 183.50 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SHANNON - JUL 2023 171.96 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - PSC - JUL 2023 101.18 PRUDENTIAL OVERALL SUPPLY MAT SERVICES- WAVE - JUL 2023 117.26 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CIVIC - JUL 2023 189.86 PG&E LS2-A EAST DUBLIN 07/17/23 17,458.77
PG&E A6 SERVICE TO FS18 08/10/23 61.45
PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SENIOR - AUG 2023 186.28 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SHANNON - AUG 2023 174.55 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CIVIC - AUG 2023 192.71 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - WAVE - AUG 2023 119.03 QUALITY LOGO PRODUCTS, INC. PROMOTIONAL MARKETING ITEMS - THE WAVE 2,165.30 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - PSC - AUG 2023 102.71 ROTARY CLUB OF DUBLIN, CA M HERNANDEZ 2023-2024 MEMBER DUES 600.00 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CORP YARD - AUG 2023 51.48 ATTACHMENT 1
491
City of Dublin
Payment Issuance Report
Payments Dated 9/1/2023 through 9/30/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/5/2023
9/7/2023
9/7/2023
9/7/2023
9/7/2023
9/8/2023
9/8/2023
9/8/2023
9/8/2023
9/8/2023
9/8/2023
9/8/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
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9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
ROTH STAFFING COMPANIES, L.P. TEMP EMPLOYEE FOR CDD RECORDS RETENTION PROJECT 4,681.33 ROTARY CLUB OF DUBLIN, CA M MCCORRISTON 2023-2024 MEMBER DUES 600.00 ROTARY CLUB OF DUBLIN, CA J JOSEY 2023-2024 MEMBER DUES 600.00 ROTARY CLUB OF DUBLIN, CA S HU 2023-2024 MEMBER DUES 600.00 ROTARY CLUB OF DUBLIN, CA L SMITH 2023-2024 MEMBER DUES 600.00 SWINERTON MANAGEMENT AND CONSULTING PLAN/CONSTR REVIEW CULTURAL ARTS CENTER JUL 2023 54,758.00 THE PIN CENTER PROCLAMATION & CERTIFICATE SUPPLIES 795.00 SWA GROUP JORDAN RANCH NEIGHBORHOOD SQ DESIGN JUN 2023 36,289.51 SFMADE SPONSORSHIP OF BAY AREA MANUFACTURING WEEK 2023 500.00 Payments Issued 9/5/2023 Total: 313,801.20
WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC COMMUNITY WORKFORCE ADMIN SERVICES JUL 2023 2,230.91 WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC TAKS ORDER 1 SIGNAL COMM UPGRADE JUL 2023 772.50 T-MOBILE USA, INC. PIO & PW CELL PHONE SERVICES THROUGH 8/20/2023 163.60 UNIVAR SOLUTIONS SODIUM HYPOCHLORITE (CHLORINE) FOR THE WAVE 2,703.42 Payments Issued 9/7/2023 Total: 37,267.97
I C M A 457 PLAN DEFERRED COMP 457: PE 8/25/23 27,925.58 US BANK - PARS PARS: PE 8/25/23 4,210.87
HEALTHEQUITY, INC. HEALTHEQUITY: PE 8/25/23 3,889.09
I C M A 401 PLAN DEFERRED COMP 401A: PE 8/25/23 1,242.43 MEYERS NAVE FOR PROFESSIONAL SERVICES RENDERED THROUGH JUN 2023 56,873.67 MEYERS NAVE ADDITIONAL SERVICES INVOICE THROUGH JUN 2023 3,906.50 MEYERS NAVE FOR PROFESSIONAL SERVICES RENDERED THROUGH MAY 2023 81,453.72 MEYERS NAVE ADDITIONAL SERVICES INVOICE THROUGH MAY 31 13,442.00 FRESH PULP HOLDINGS LLC SPLATTER TASTING PAVILION CATERING 10,222.98 RETIREE MEDICAL MANUAL CHECK RETIREE MEDICAL 807.06
ADVANCED INTEGRATED PEST MANAGEMENT PEST MANAGEMENT - JUL 2023 3,309.30 ALPHA MEDIA LLC KKIQ/KUIC/KKKDV KKIQ WAVE RADIO ADVERTISEMENT AND LIVE EVENTS 3,250.00 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 62.06
RETIREE MEDICAL MANUAL CHECK RETIREE MEDICAL 2,067.12
Payments Issued 9/8/2023 Total: 168,773.05
AT&T - CALNET 3 SERVICE TO CIVIC 08/27/23 1.83
AT&T - CALNET 3 CLARK AVE 08/27/23 26.12
AT&T - CALNET 3 SERVICE TO SHANNON FAX 08/27/23 1.83
AT&T - CALNET 3 SERVICE TO FS16 08/27/23 75.70
AMADOR VALLEY INDUSTRIES LLC TRASH SERVICES - CAMP PARKS AUG 2023 32,673.79 AT&T - CALNET 3 SERVICE TO FS2-3 08/26/23 311.93
AVANTPAGE INC TRANSLATING, EDITING & PROOFREADING SERVICES 515.00 BAY ALARM COMPANY ALARM SERVICES WAVE SNACK BAR OCT 2023 132.82 AT&T - CALNET 3 SERVICE TO SR ALARM 08/12/23 201.89
AT&T - CALNET 3 SERVICE TO CIVIC 08/12/23 137.98
AT&T - CALNET 3 SERVICE TO WAVE 08/12/23 184.13
AT&T - CALNET 3 SERVICE TO SHANNON 08/12/23 246.84
BLUETOAD, INC. 23/24 FALL/WINTER ACTIVITY GUIDE, EXTRA DOWNLOADS 41.61 BOUND TREE MEDICAL, LLC. EVIDENCE SUPPLIES 1,174.93
BAY ALARM COMPANY ALARM SERVICES HERITAGE OCT 2023 441.12 BIG O'TIRES #7 POLICE VEHICLE REPAIRS & MAINTENANCE 125.65 BAY
ALARM COMPANY ALARM SERVICES CORP YARD OCT 2023 320.16
BAY ALARM COMPANY ALARM SERVICES WAVE SEP 2023 1,996.98 CARBONIC SERVICE THE WAVE POOL CHEMICALS 475.55
CHANDLER ASSET MANAGEMENT INVESTMENT CONSULTING SERVICES AUG 2023 13,568.77 BUBBLEMANIA AND COMPANY LLC SPLATTER ENTERTAINMENT 615.00 CALEHS ATTN: JOE MOULTON DESIGNATED UST OPERATOR INSP. SVCS AUG 2023 300.00 BPXPRESS PRINTING AND BID SETS FOR CIVIC 2ND FLOOR RENO 492.60 BRINKS, INC. ARMORED CAR SERVICE 290.30
CMC NEPTUNE WATRERPARK RADIO ADS 1,080.00
CIVICA LAW GROUP APC SPECIAL COUNSEL LEGAL SERVICES 13,603.13 CHRISTINE PETIT REC CLASS INSTRUCTOR 475.20
DANIEL S COLLEY PCS COMMISSION 8/21 50.00
DUTCHOVER & ASSOCIATES ENGINEERING SERVICES - PLAN REVIEW JUL 2023 345.00 CUBIC ITS, INC. GRIDSMART PROCESSOR REPLACE. AT DUBLIN/SRR JUN 2023 5,402.25 DAHLIN GROUP INC DESIGN SERVICES CIVIC CENTER RENOVATION JUL 2023 900.00 CONSOR NORTH AMERICA, INC. ENGINEERING SERVICES - PLAN REVIEW JUL 2023 1,777.50 CPRS DISTRICT III MEMBERSHIP TO CPRS FOR PCS DEPT 4,041.66 ESHA SUNIL SHENOY PCS COMMISSION 8/21 50.00
EAST BAY POOL SERVICE, INC. ROUTINE POOL MAINTENANCE AT THE WAVE 10,500.00 EAST BAY REGIONAL MOBILE RADIO REGIONAL CONNECTIVITY FY23-24 62,280.00 ATTACHMENT 1
492
City of Dublin
Payment Issuance Report
Payments Dated 9/1/2023 through 9/30/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
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9/12/2023
9/12/2023
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9/12/2023
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9/12/2023
9/12/2023
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9/12/2023
9/12/2023
9/12/2023
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9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
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9/12/2023
9/12/2023
9/12/2023
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9/12/2023
9/12/2023
9/12/2023
9/12/2023
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. DESIGN OF CULTURAL ARTS CENTER JUL 2023 22,653.07 GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. WORKSPACE PLANNING STUDY 1,916.00 FASTSIGNS TEMPORARY SINAGE FOR IHT DETOUR DURING CONSTRUCTION 2,018.05 JENNIFER MENDEZ MILEAGE REIMBURSEMENT 72.18
JOHNSON CONTROLS SECURITY SOLUTIONS, LLC. ALARM SERVICES LIBRARY SEP 2023 1,594.17 JAMES SWANK FURNITURE REMOVAL/RECYCLE 1,750.00
JENNIFER JOHNSON MILEAGE REIMBURSEMENT 39.82
JACQUI HATZIKOKOLAKIS MILEAGE REIMBURSEMENT 22.73
JAM SERVICES INC MATERIALS FOR VARIOUS CIP PROJECTS AUG 2023 689.06 MARIA DEL CARMEN SANCHEZ LAZO HERITAGE ART INSTALL EQUIPMENT 2,135.00 MATTHEW T GILLER PCS COMMISSION 8/21 50.00

MILEAGE REIMBURSEMENT
KENNETH BESS NAVIGATOR PROGRAM - #21 MAGIC BEING PRESCHOOL 632.00 KIDZ LOVE SOCCER REC CLASS INSTRUCTOR 8,791.80
JOHNSON CONTROLS SECURITY SOLUTIONS, LLC. ALARM SERVICES CIVIC SEP 2023 550.96 JOHNSON CONTROLS SECURITY SOLUTIONS, LLC. ALARM SERVICES PSC FIRE SEP 2023 1,197.91 LANLOGIC INC. INFORMATION SYSTEMS CONSULTING SVCS 1,950.00 MARC SISTO 148.03
L.N. CURTIS AND SONS DUBLIN POLOS VELCO AND PATCHES 483.32 KIMLEY-HORN AND ASSOC. INC. SAFE ROUTES TO SCHOOL - JUN 2023 37,155.30 OPENGOV, INC. DEPT. 0370 OPENGOV - FINANCE BUDGETING SOFTWARE SVCE 52,472.00 PG&E LS2-A SERVICE TO CENTRAL 08/15/23 11.38
NOVANI, LLC. ANNUAL MAINT SUPPORT FOR TRAFFIC SIGNAL SERVER NET 3,178.00 ONE WORKPLACE L. FERRARI LLC CORP YARD FURNITURE & DESIGN - AUG 2023 75,726.82 MICHELLE SUNG 90.19
MNS ENGINEERS, INC. TRAFFIC SIGNAL INTERCONNECT PROJECT JUL 2023 2,641.61

MILEAGE REIMBURSEMENT
PG&E B6 SERVICE TO FSP 08/06/23 7,163.63
PG&E B10S SERVICE TO EGP 08/10/23 1,734.87
PG&E SERVICE TO VARIOUS IRRIG 08/10/23 58.91
PG&E PG&E ENGINEERING FEE - WALLIS RANCH COMMUNITY PARK 3,500.00 PG&E SERVICE TO PSC 08/14/23 1,657.46
PG&E B1 SERVICE TO VARIOUS IRRIG 08/10/23 32.92
PG&E TC1 SERVICE TO TASSAJARA 08/09/23 105.89
PG&E SERVICE TO VARIOUS TC 07/13/23 10,106.76
PG&E SERVICE TO VARIOUS IRRIG 08/07/23 302.73
PG&E SERVICE TO VARIOUS IRRIG 08/10/23 21.31
PG&E B6 SERVICE TO BRAY CMMN 08/10/23 86.21
PG&E B1 SERVICE TO DEVANY 08/10/23 18.62
PG&E SERVICE TO SR CTR 08/10/23 122.28
PG&E LS2-A SERVICE TO AVELLINA 08/11/223 327.53
PRUDENTIAL OVERALL SUPPLY MAT SERVICES SENIOR - SEP 2023 96.30 PG&E LS2-A SERVICE TO ARN & MART 08/15/23 80.18
PG&E LS2-A SERVICE TO EAST DUBLIN 07/17/23 16,
536.00
PG&E TC1 SERVICE TO 3544 DB 08/11/23 94.22
PG&E B1 SERVICE TO VARIOUS 1997-1 08/10/23 55.39
PROCURE AMERICA, INC PROCURE AMERICA SERVICE AGREEMENT, BILLING PERIOD 7,265.73 PRUDENTIAL OVERALL SUPPLY MAT SERVICES PSC - SEP 2023 53.33 ROTH STAFFING COMPANIES, L.P. TEMP EMPLOYEE FOR CDD RECORDS RETENTION PROJECT 1,041.84 PRO CYCLES POLICE VEHICLE REPAIRS & MAINTENANCE 1,365.83 PG&E SERVICE TO PSC 08/14/23 4,690.28
PG&E SERVICE TO 3142 CENTRAL PKWY 08/10/23 9.05
PRUDENTIAL OVERALL SUPPLY MAT SERVICES CORP YARD - SEP 2023 52.68 QUETEL CORPORATION EVIDENCE PROGRAM SOFTWARE/OMNIGO 4,287.56 TAYLOR OSMER MILEAGE REIMBURSEMENT 66.22
PRUDENTIAL OVERALL SUPPLY MAT SERVICES SHANNON - SEP 2023 75.90 PRUDENTIAL OVERALL SUPPLY MAT SERVICES CIVIC- SEP 2023 93.46 PRUDENTIAL OVERALL SUPPLY MAT SERVICES WAVE - SEP 2023 81.52 SIMPLER SYSTEMS, INC SIMPLER SOFTWARE LICENSING SUPPORT 1,500.00 SYED SAMEER SHABIR HAKIM PCS COMMISSION 8/21 50.00
SAI MIDIDIDDI SAI MIDIDIDDI - ALAMEDA CTC TAC MEETING PARKING 36.00 SELECT IMAGING BUSINESS ANNIVERSARY PLAQUES 3,051.49
RRM DESIGN GROUP, A CA CORP ENGINEERING SERVICES - PLAN REVIEW JUL 2023 1,121.25 REDWOOD TOXICOLOGY LAB. INC. TOXICOLOGY SERVICES 844.56 RICHARD THORNBURY PCS COMMISSION 8/21 50.00
TRI-VALLEY COMMUNITY TV RECORD/TELEVISE CITY COUNCIL & PLNG COMM MTGS 449.98 TOMMY COOK MILEAGE REIMBURSEMENT 48.60
TREASURER ALAMEDA COUNTY FY22/23 FIELD AND SHELTER SERVICES 64,986.02 T-MOBILE USA, INC. CELL PHONE SERVICES 714.71
THE INDEPENDENT ADVERTISEMENT FOR SPLATTER 675.00
TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES - AUG 2023 22,884.36 ATTACHMENT 1
493
City of Dublin
Payment Issuance Report
Payments Dated 9/1/2023 through 9/30/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/12/2023
9/14/2023
9/14/2023
9/15/2023
9/15/2023
9/15/2023
9/18/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
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9/19/2023
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9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
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9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
U.S. BANK CFD NO. 2015-1 DUBLIN CROSSING 2017 TRUSTEE FEE 1,800.00 UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW & CARPET CLEANING - CIVIC AUG 2023 1,472.02 TYLER TECHNOLOGIES, INC. TYLER MUNIS ERP SOFTWARE IMPLEMENTATION 6,000.00 U.S. BANK CFD NO.2015 IMPROVEMENT TAX BONDS SERIES 2021 2,000.00 TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES & SUPPLY- CAMP PARKS AUG 2023 32,069.31 YVONNE TAYLOR MILEAGE REIMBURSEMENT 115.28
Payments Issued 9/12/2023 Total: 725,597.26
WESTEK SYSTEMS INC. WESTEK - CVC VERKADA ACCESS CONTROL EQUIPMENT 11,580.37 WILLDAN HOMELAND SOLUTIONS ENERGY EFFICIENCY/INFRASTRUCTURE IMPROVEMENTS 131,071.50 UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW & CARPET CLEANING - SHANNON AUG 2023 1,413.42 UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW & CARPET CLEANING - WAVE AUG 2023 1,030.75 CAL PERS PERS RETIREMENT PLAN: PE 9/8/23 95,059.35
INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 9/8/23 73,548.89 Payments Issued 9/14/2023 Total: 76,696.25
RETIREE MEDICAL MANUAL CHECK RETIREE MEDICAL 3,147.36
Payments Issued 9/15/2023 Total: 119,293.74
EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 9/8/23 22,881.08 SELECT IMAGING PRINTING & MAILING OF BUSINESS LICENSE RENEWALS 1,353.31 ADVANCED INTEGRATED PEST MANAGEMENT PEST MANAGEMENT AUG 2023 4,929.30 ALL CITY MANAGEMENT SVCS INC CROSSING GUARD SERVICES 20,064.63 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 62.06
CAL PERS PERS RETIREMENT PLAN: 1,212.40
Payments Issued 9/18/2023 Total: 1,212.40
BAY ALARM COMPANY ALARM SERVICES CIVIC OCT 2023 264.00
AT&T - CALNET 3 ASE CI RCUITS TO 08/31/23 2,327.24
AVANTPAGE INC TRANSLATING, EDITING & PROOFREADING SERVICES 110.00 ALLISON KELLY PASCHAL-HUNTER HERITAGE AND CULTURAL ARTS COMMISSION 9/14/ 2023 50.00 ANNA MEALY SPLATTER SUPPLIES AND MATERIALS 1,032.00
BAY ALARM COMPANY ALARM SERVICES WAVE OCT 2023 213.45
BAY ALARM COMPANY ALARM SERVICES SHANNON OCT 2023 1,269.27 BAY ALARM COMPANY ALARM SERVICES SENIOR OCT 2023 576.30 BAY ALARM COMPANY ALARM SERVICES FS17 OCT 2023 237.75
BAY ALARM COMPANY ALARM SERVICES HERITAGE OCT 2023 1,749.09 BAY ALARM COMPANY ALARM SERVICES CORP YARD OCT 2023 390.00 BAY ALARM COMPANY ALARM SERVICES FS16 OCT 2023 138.00
CUBIC ITS, INC. TRAFFIC SOFTWARE UPGRADE 745.00
DARREN PHILLIPS HERITAGE AND CULTURAL ARTS COMMISSION 9/14/2023 50.00 CONSOR NORTH AMERICA, INC. PS&E - STREETS & PERSIMMON DR PEDEST PATH JUL 2023 12,595.75 CORODATA SHREDDING, INC. SHRED BIN PICKUP FOR AUG 2023 40.50 CIVICA LAW GROUP APC SPECIAL COUNSEL LEGAL SERVICES 8,254.00 CATHERYN M GRIER PLANNING COMMISSION 9/12/2023 50.00
CDW GOVERNMENT INC AZURE - ELECTRONIC DISTRIBUTION - NO MEDIA 41,157.46 DEIRDRE WEINBERG UTILITY BOX ART 1,000.00
DSRSD SERVICE TO 8/31/2023 20,085.43
GOVERNMENTJOBS.COM SUBSCRIPTION FEE 5,530.00
HEALTHEQUITY, INC. HEALTHEQUITY: PE 9/8/23 3,889.09
FEDEX PACKAGE SHIPPING 11.
69 GINA MARIE GARCIA-GABRIELL HERITAGE AND CULTURAL ARTS COMMISSION 9/14/2023 50.00 DUTCHOVER & ASSOCIATES LANDSCAPE PLAN CHECK & INSPECTIONS 75.00 EMC CORPORATION DELL IDPA BACKUP SYSTEM SUPPORT 2023/2024 25,058.16 JANINE THALBLUM PLANNING COMMISSION 9/12/2023 50.00
JESSICA LA STRAPE DARE TRAINING REIMBURSEMENT 925.71
I C M A 457 PLAN DEFERRED COMP 457: PE 9/8/23 28,013.82 IMPEC GROUP,LLC DPS WALL SIGN 2,334.42
HINDERLITER, DE LLAMAS & ASSOC SALES TAX AUDIT CONSULTING 10,953.53 I C M A 401 PLAN DEFERRED COMP 401A: PE 9/8/23 1,242.43 LANLOGIC INC. OPEN DNS SOFTWARE 1,050.00
LANLOGIC INC. INFORMATION SYSTEMS CONSULTING SVCS 637.50 KIMLEY-HORN AND ASSOC. INC. HOUSING ELEMENT UPDATE CONSULTING SERVICES 2,102.46 L.N. CURTIS AND SONS DUBLIN POLOS VELCO AND PATCHES 52.92 JIEXING MARGARET LIANG HERITAGE AND CULTURAL ARTS COMMISSION 9/14/2023 50.00 JULIA H. TOMTANIA HERITAGE AND CULTURAL ARTS COMMISSION 9/14/2023 50.00 MATTHEW AINI PLANNING COMMISSION 9/12/2023 50.00
LENNAR HOMES DV0140 BALANCE REFUND 194.31
MARK TILLEY DARE TRAINING REIMBURSEMENT 1,748.08
ATTACHMENT 1
494
City of Dublin
Payment Issuance Report
Payments Dated 9/1/2023 through 9/30/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
9/19/2023
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9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
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9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
MINUTEMAN PRESS SPLATTER SUPPLIES AND MATERIALS 89.25
MINUTEMAN PRESS SPLATTER ADVERTISING 270.11
M-GROUP PLANNING SERVICES - BOULEVARD PH 1-5 5,796.25
PLAN JPA GENERAL LIABILITY MEMBER CONTRIBUTIONS / PROPERTY 2,450,121.00 QUADIENT FINANCE USA, INC. POSTAGE PD 304.18
OPENGOV, INC. DEPT. 0370 COMMUNITY FEEDBACK 9,100.00
PIVOT INTERIORS INC. LIBRARY & RMR REPLACEMENT FURNITURE 119,367.34 ONE WORKPLACE L. FERRARI LLC OFFICE CHAIR 795.53
NICHOLAS OCHOA PLANNING COMMISSION 9/12/2023 50.00
OFFICE TEAM TEMPORARY EMPLOYEE-SHORT TERM RECORDS PROJECT 484.50 REDWOOD TOXICOLOGY LAB. INC. TOXICOLOGY SERVICES 765.00 ROTH STAFFING COMPANIES, L.P. TEMP EMPLOYEE FOR CDD RECORDS RETENTION PROJECT 1,389.12 RAYNE OF SAN JOSE WATER SOFTENER SERVICES FS17 SEP 2023 247.00 RAYNE OF SAN JOSE WATER SOFTENER SERVICES FS18 SEP 2023 194.35 QUADIENT FINANCE USA, INC. POSTAGE 07/28/24-08/24/23 - CIVIC 2,695.29 RAYNE OF SAN JOSE WATER SOFTENER SERVICES FS16 SEP 2023 225.40 ST. FRANCIS ELECTRIC, LLC. CONDUIT INSTALLATION JUL 2023 PAYMENT 129,211.70 ST. RAYMOND CATHOLIC CHURCH BOY SCOUT TROOP 905 WASTE MANAGEMENT AT SPLATTER 1,500.00 SHWETA AGRAWAL HERITAGE AND CULTURAL ARTS COMMISSION 9/14/2023 50.00 SNG & ASSOCIATES INC. ENGINEERING SERVICES - PLAN REVIEW JUL 2023 11,484.00 RRM DESIGN GROUP, A CA CORP LANDSCAPE PLAN CHECK & INSPECTIONS 2,350.00 SHUMS CODA ASSOCIATES INC BLDG. INSP., CODE ENF. & PLAN CHECK FY24 AUG 2023 840.00 TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES & SUPPLY - CAMP PARKS SEP 2023 32,069.31 TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES SEP 2023 22,884.36 TIMEA IHAROSI HERITAGE AND CULTURAL ARTS COMMISSION 9/14/2023 50.00 TRB AND ASSOCIATES, INC. BLDG. INSP., CODE ENF. & PLAN CHECK FY24 AUG 2023 68,431.00 STANFORD HEALTH -VALLEYCARE OCCUPATIONAL HEALTH TB TESTS 70.00 SWA GROUP JORDAN RANCH NEIGHBORHOOD SQ DESIGN JUL 2023 8,611.78 WAHIDA I. RASHID PLANNING COMMISSION 9/12/2023 50.00
US BANK - PARS PARS: PE 9/8/23 4,020.90
VERIZON WIRELESS AIR CARDS IN PATROL VEHICLES 2,499.84
U.S. BANK CORPORATE PMT SYSTEM PURCHASE CARD STATEMENT – AUG 2023 74,584.93 UNITED SITE SERVICES OF CA INC SEPTIC TANK SERVICES OCT 2023 726.38 TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES SPLATTER SEP 2023 1,457.13 TYLER GENE ROOFFENER HARVEST FAIR PERFORMER 500.00
UNUM LIFE INS CO OF AMERICA LIFE AND AD&D PREMIUM - AUG 2023 9,951.32 WILLDAN FINANCIAL SERVICES PUBLIC FACILITIES STUDY 8,310.00 Payments Issued 9/19/2023 Total: 3,177,790.50
WC3-WEST COAST CODE CONSULTANT BLDG. INSP., CODE ENF. & PLAN CHECK FY24 AUG 2023 12,798.50 WESTEK SYSTEMS INC. HARDWARE, SOFTWARE & TECHNICAL SUPPORT 1,936.00 AT&T - CALNET 3 SERVICE TO CIVIC FIRE ALARM 09/01/23 75.76 AT&T - CALNET 3 SERVICE TO PSC 09/01/23 124.49
4LEAF INC. BLDG. INSP., CODE ENF. & PLAN CHECK FY24 AUG 2023 71,792.00 AT&T PSC 600M INTERNET & VOIP SERVICES 2,059.99
Payments Issued 9/20/2023 Total: 9,951.32
BKF ENGINEERS TASSAJARA RD GAP CLOSURE PROJECT JUL 2023 5,643.50 BRIAN KEITH HERITAGE PARK PUBLIC ART PROJECT 39,
375.00
BFS LANDSCAPE ARCHITECTURE FALLON SPORTS PARK DESIGN SVCS - PHASE 3 JUL 2023 1,100.00 BFS LANDSCAPE ARCHITECTURE FALLON SPORTS PARK DESIGN SVCS - PHASE 3 JUN 2023 2,750.00 BEST VERSION MEDIA, LLC AD SPACE IN EAST BAY LIVING 408.30 BAY AREA NEWS GROUP EAST BAY LEGAL NOTICES - AUG 2023 1,426.87 BELES & BELES, LLP RETURN ASSET SEIZURE FUND CASE:D20-02216 133,207.65 COMCAST CIVIC CENTER COMCAST 500M INTERNET 2,300.00
CONSOR NORTH AMERICA, INC. PP JUL 2023 CARRYOVER PO 2200165 11,655.50 CARBONIC SERVICE THE WAVE POOL CHEMICALS 443.10
CHRISTINE PETIT REC CLASS INSTRUCTOR 936.00
BSK ASSOCIATES INC. SPECIAL INSPECTIONS FOR HERITAGE PARK PUBLIC ART 2,237.50 CALIFORNIA BUILDING OFFICIALS WEBINAR - PUBLIC RIGHT OF WAY GUIDELINES 80.00 CITY OF PLEASANTON AFFORDABLE HOUSING RENTAL GUIDE 260.30 COMCAST INTERNET/CABLE SVC VARIOUS CITY DEPARTMENTS 579.84 ECS IMAGING INC. CONFIGURATION OF RETENTION LASERFICHE WORKFLOW 560.00 EAST BAY POOL SERVICE, INC. ROUTINE POOL MAINTENANCE AT THE WAVE 1,021.77 DUBLIN UNIFIED SCHOOL DISTRICT ELECTRIC BILL (STAGER) 4,014.10 DIPIETRO & ASSOC. INC CARDIAC PEDIATRIC ELECTRODE PADS 130.10 DUBLIN CHEVROLET POLICE VEHICLE REPAIRS & MAINTENANCE 45.00 DAVID L. GATES & ASSOCIATES, INC. ALAMO CREEK FENCE DESIGN SERVICES JUL 2023 1,296.20 DELTA DENTAL OF CALIFORNIA DELTA DENTAL PREMIUM - AUG 2023 13,113.32 ATTACHMENT 1
495
City of Dublin
Payment Issuance Report
Payments Dated 9/1/2023 through 9/30/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/25/2023
9/28/2023
9/29/2023
Total Number of Pa
yments Issued:

TOWING SERVICE
GANNETT FLEMING, INC. TASK ORD 3 -CM/PM SERV FOR WALLIS RNCH PRK JUL2023 5,876.96 EUROPEAN MOBILE WERKS POLICE VEHICLE REPAIR & MAINTENANCE 2,335.05 ECS IMAGING INC. DOCUMENT SCANNING SERVICES 2,689.60
ENTERPRISE RENT A CAR EAN SERVICES, LLC RENTAL CARS 2,512.26 GRAFIX SHOPPE PATROL VEHICLE GRAPHIC KITS 1,684.00
JOHNSON CONTROLS SECURITY SOLUTIONS, LLC. ALARM SERVICES OCT 2023 693.38 GOLDEN STATE FLEET SVCS INC 225.00
GANNETT FLEMING, INC. TASK ORD 3 -CM/PM SERV FOR WALLIS RNCH PRK AUG 2023 1,533.12 GIS WORKSHOP LLC ANNUAL FEE FOR SIMPLESIGNS MAINTENANCE 09/30/ 2024 1,638.00 JOSEPH REYDA CASH BOND REF UND FOR PWEN-2022-00201 610.00 KEYSER MARSTON ASSOCIATES, INC REAL ESTATE CONSULTING SERVICES 3,867.50 MY JEEP CHRYSLER DODGE RAM 2023 DODGE CHARGER PURSUIT RWD V8 44,953.09 NICHOLS CONSULTING ENGINEERS TASK ORDER 3 - MULTI-YEAR PAVING WORK PLAN PHASE 1 517.50 MNS ENGINEERS, INC. FALLON SPORTS PARK PH3 PW INSPECTIONS JUN 2023 1,197.38 MNS ENGINEERS, INC. FALLON SPORTS PARK PH3 PW INSPECTIONS MAY 2023 798.25 MNS ENGINEERS, INC. FALLON SPORTS PARK PH3 PW INSPECTIONS AUG 2022 2,155.28 MNS ENGINEERS, INC. FALLON SPORTS PARK PH3 PW INSPECTIONS JUL 2023 3,246.31 PAKPOUR CONSULTING GROUP, INC. EXTERIOR PAINT CITY FACIL CONST RUCT MGM AUG 2023 5,040.00 PAKPOUR CONSULTING GROUP, INC. RESTROOM REPLACEMENT PROJECT MANAGEM AUG 2023 4,410.00 ONE WORKPLACE L. FERRARI LLC OFFICE CHAIR 1,073.98
PAKPOUR CONSULTING GROUP, INC. CONST RUCTION MGMT-DON BIDDLE COMM PARK AUG 2023 8,610.00 MCE CORPORATION MAINTENANCE SERVICES - JUL 2023 656,338.40 MAKE ME A PRO SPORTS REC CLASS INST RUCTOR 6,556.50
PG&E SERVICE TO SCH RNCH PARK 08/28/23 359.74
PG&E B1 SERVICE TO PASSATEMPO 08/23/23 69.10
PG&E SERVICE TO CORP YARD 08/29/23 1,582.80
PG&E SERVICE TO SHANNON CENTER 08/29/23 83.29
PG&E B1 IRRIG 2979 THREE CASTLES 08/27/23 29.30
PG&E B10S SERVICE TO CIVIC CENTER 08/14/23 16,449.74
PG&E SERVICE TO DB DOUGH IRRIG 08/29/23 13.94
PG&E SERVICE TO SIERRA/CLARK IRRIG 08/29/23 22.96
PG&E SERVICE TO FALLON IRRIG 08/23/23 2.33
PG&E SERVICE TO DB PED IRRIG 08/28/23 14.46
PG&E B1 SERVICE TO SEAN DIAMOND 08/27/23 163.08
PG&E B1 SERVICE TO POSITANO IRRIG 08/29/23 269.78
PG&E TC1 SERVICE TO 6795 DOUGHERTY 08/31/2023 190.19
PG&E TC1 SERVICE TO AVB 08/28/23 74.80
PG&E TC1 SERVICE TO FALLON 08/24/23 229.51
PG&E SERVICE TO GRAFTON IRRIG 08/23/23 6.66
PG&E SERVICE TO ART LIGHTING AVB 08/23/23 234.44
PG&E SERVICE TO POSITANO IRRIG 08/29/23 13.21
PG&E SERVICE TO GLEASON IRRIG 08/30/23 10.43
PG&E SERVICE TO HPM 08/28/23 727. 82
PIERRE GALANG SMALL BUSINESS NIGHT AT FARMER'S MARKET - DJ 650.00 PG&E SERVICE TO HCP 08/28/23 1,988.14
PG&E SERVICE TO FS16 08/10/23 656.11
PG&E TC1 SERVICE TO POSITANO 08/30/23 315.89
PG&E LS2-A SERVICE TO AVB 08/30/23 1,439.98
THE CITIES GROUP A JOINT POWERS AUTHORITY WORKERS' COMP & SAFETY/COMPLIANCE ASSESSMENT 1,344.74 THE RADAR SHOP INC RADAR MAINTENANCE 1,244.00
RRM DESIGN GROUP, A CA CORP ENGINEERING SERVICES - PLAN REVIEW AUG 2023 1,045.00 SPECIAL EVENTS TENTING AND EQUIPMENT RENTAL - SPLATTER 17,917.02 PULTEGROUP,INC DV0123 BALANCE REFUND 3,256.14
PULTEGROUP,INC DV0086 BALANCE REFUND 3,149.79
INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING PE 9/22/2023 71,597.06 W L BUTLER CONSTRUCTION INC TARGET REMODEL REFUNDABLE DEPOSIT FEE FOR TUP 500.00 Payments Issued 9/25/2023 Total: 1,112,714.34
UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW & CARPET CLEANING SHANNON JUL 2023 1,244.25 VISION SERVICE PLAN - (CA) VISION INSURANCE PREMIUM - AUG 2023 2,217.85 328
Grand Total for Payments Dated 9/1/2023 through 9/30/2023: 6,125,063.78 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING PE 09/22/2023 22,364.20 Payments Issued 9/29/2023 Total: 22,364.20
Payments Issued 9/28/2023 Total: 71,597.06
ATTACHMENT 1
496

STAFF REPORT

CITY COUNCIL

Agenda Item 6.1
DATE: October 17, 2023

TO: Honorable Mayor and City Councilmembers

FROM: Linda Smith, City Manager

SUBJECT:

Downtown Dublin Preferred Vision Implementation General Plan and Downtown Dublin Specific Plan Amendments
Prepared by: Amy Million, Principal Planner

EXECUTIVE SUMMARY:

The City Council will consider amendments to the General Plan and the Downtown Dublin Specific Plan to further implement the Downtown Dublin Preferred Vision approved by the City Council in 2019. The amendments consist of adding Research and Development as a new land use, increasing the residential allocation by 465 units, decreasing the non-residential allocation by 300,000 square feet, increasing the height and floor area ratio in “The Core” area of the Retail District, and changes to setbacks. No specific development is proposed at this time. An Addendum to the Environmental Impact Report (EIR) has been prepared that concludes that all potential environmental effects were adequately addressed in the original EIR.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and adopt the Resolution Amending the General Plan and Downtown Dublin Specific Plan to Further Implement the Downtown Dublin Preferred Vision.

FINANCIAL IMPACT:

Costs associated with the proposed amendments were included in the Community Development Departments Operating Budget. These costs include the hiring of a consultant to prepare the environmental review and the local transportation analysis for the proposed project at an estimated cost of $50,125, in addition to staff time associated with the development of the proposed amendments.

497

DESCRIPTION:

Background
The overarching goal of the Downtown Dublin Specific Plan (DDSP), adopted in 2011, is "to create a vibrant, dynamic commercial and mixed-use center that provides a wide array of opportunities for shopping, services, dining, working, living, and entertainment in a pedestrian-friendly and aesthetically pleasing setting that attracts both local and regional residents."

The DDSP established three distinct districts, each including its own set of design standards tailored to the envisioned uses. A map of the DDSP area and districts is provided in Figure 1.

The Transit-Oriented District embraces its
proximity to the West Dublin BART station. The
Retail District includes much of the existing retail
core and aims to stimulate infill development and
redevelopment of aging buildings and large surface
parking areas. The Village Parkway District
embraces the existing successful service and retail
uses along a “Main Street” corridor, and this district
has the most potential to reutilize and re-tenant
existing buildings with more intense uses such as
restaurants, service retail, and other local-serving
businesses.

On November 5, 2019, the City Council adopted Resolution No. 115-19 approving the Downtown Dublin Preferred Vision (Preferred Vision). The Preferred Vision builds upon the DDSP’s vision and includes a new and extensive street grid network, including a main street experience, a new town square, and a mixture of supportive land uses such as retail, office, hotel and residential. In 2020, the City Council approved amendments to the DDSP focused on the initial implementation of the Downtown Dublin Preferred Vision.

Proposal
The City has initiated amendments to the DDSP to further implement the Preferred Vision.

The proposed amendments require amendments to the General Plan for consistency. The proposed DDSP Amendments and related General Plan Amendments consist of the following revisions in order to further implement the Preferred Vision:

1. Increasing the residential allocation by 465 units and decreasing the non-residential allocation by 300,000 square feet.

2. Increasing the height and floor area ratio in “The Core” area of the Retail District.

3. Changes to Design Standards and Allowable Uses.

498

The draft Resolution approving the proposed amendments to the General Plan and Downtown Dublin Specific Plan included as Attachment 1. The proposed amendments to the DDSP are provided in a redline format in Attachment 2 where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted.

Analysis

Increase Residential Development Potential and Decrease Non-Residential Development Potential
In order to accommodate the additional residential growth envisioned by the Preferred Vision without creating new impacts, the proposal is to increase the residential development potential of the area while reducing the non-residential or commercial development potential. All other development standards and design guidelines currently in the DDSP that affect development are proposed to remain unchanged unless specifically noted.

The Initial Study concluded that with the proposed increase of 465 residential units and a corresponding decrease of 300,000 square feet of non-residential square footage would result in a net decrease of vehicle trips at project buildout. This reduction is because commercial development generates a greater number of trips than residential development when compared on an equivalent square footage basis. As such, impacts to the circulation system and traffic flow in Downtown (and throughout the City) would be less than what was anticipated in the DDSP EIR.

The certain amount of non-residential development capacity in the DDSP is held within a “Development Pool.” The DDSP allows a “base” amount of development, or floor area ratio (FAR) on each parcel by right. If a property owner would like to develop beyond the base FAR, they may obtain additional square footage from the “Development Pool” up to the maximum allowed FAR. In order to access the Development Pool, a property owner must enter into a Community Benefit Agreement (CBA) with the City, which requires them to provide a community benefit to the City. Since approval of the DDSP, 10,329 square feet of non-residential uses have been constructed in the Retail District, which totals less than one percent of the allowed non-residential development.

The proposed amendments would result in corresponding adjustments to the total allowable development in the Downtown and the amount of development within the Development Pool as shown in Table 1 below.

499

Table 1. Existing and Proposed Development
Residential Development Non-Residential Development
Total Allowable Development in the Downtown
Existing
Development Pool 2,500 Development Pool

1,320,220

Affordable Units not
subject to
Development Pool
416 SF not subject to
Development Pool 942,320
Total Units 2,916 Total SF 2,262,5401
Proposed Units to be Added + 465 SF to be Eliminated - 300,000 Total Units 3,381 Total SF 1,962,540
Development Pool
Existing
Development Pool 2,500 Development Pool

1,320,220

Units Constructed - 783 SF Constructed - 10,329
Units Reserved and
Not Yet Constructed - 921 SF Reserved and Not
Yet Constructed 0
Units Remaining 796 SF Remaining 1,309,891
Proposed
Units to be Added + 465 SF to be Eliminated - 300,000
Total Units 2,965 Total SF 1,020,220
Units Remaining 1,261 SF Remaining 1,009,891
Anticipated Downtown Preferred Vision Development (Hines) Total Units 1,455 Total SF 658,000

Increase the height and floor area ratio in “The Core” area of the Retail District The initial focus of the Preferred Vision was development of first four blocks north of Dublin Boulevard, which includes the Town Square and is referred to as “The Core” as shown in Figure 2 below. A primary result of this planning effort was to create an environment where mixed-use buildings are located around the Town Square and in close proximity to each other, offer convenience, vibrancy and downtown character. The development standards in the Retail District encourage a walkable and pedestrian-friendly development throughout the District. The proposed amendments strengthen the existing requirements by continuing to focus the denser development in The Core.

500

The proposed changes have The Core mimic the
maximum height and floor area ratio (FAR) of the
Transit-Oriented District which is 8 floors and no
more than 75 feet to the finished floor of the
highest story and a maximum FAR of 2.5.

These changes would not increase the maximum
development allowed in the Retail District, as
previously approved.

Changes to Design Standards and Allowable Uses
The Preferred Vision envisioned a mass and
density to reflect the intended character of
Downtown. The overarching goal of the design
standards was to create a pedestrian friendly environment and establish a sense of place. The blocks were designed to allow for parking structures to be hidden behind the buildings, wide sidewalks, and pockets of open space.

In collaboration with the property owner of the Dublin Place shopping center, additional clarification and flexibility in the design standards in the Retail District are needed to support the envisioned character. This includes clarification on building setbacks at the upper floors versus the ground floor as well as setbacks for stoops, windows and awnings and parking dimensions.

The Preferred Vision anticipated a mix of uses, including between 324,000 square feet and 948,000 square feet of office uses. Since development of the Preferred Vision, the need for the amount and type of office as changed; however, in collaboration with the property owner of the Dublin Place shopping center it has been determined that offices that support life sciences, research and development and laboratory uses are desirable. Office is a key component to creating vibrancy in a downtown. The amendment includes adding Research and Development as a new land use allowed in the Retail and Transit-Oriented District defined as follows:

Any establishment which primary use is for research and development purposes including, but not limited to, science and engineering laboratories (research, development, and testing), quality assurance work (dimensional analysis), and software development and engineering. Limited manufacturing uses are allowed as part of the primary use. Such uses may not generate nuisances related to emissions, noise, odors, and may not include outdoor storage and operations.

The addition of Research and Development will allow for flexibility in the development of life sciences and other technology-based office uses to further enhance the mixed-use environment and create for a more financially feasible development of the area. 501

CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE:

The DDSP is located within the General Plan land use designations of Downtown Dublin - Village Parkway District, Downtown Dublin - Transit-Oriented District and Downtown Dublin - Retail District and the Downtown Dublin Zoning District. The amendments remain consistent with the General Plan designations, as amended, which allow a range of residential, commercial, and mixed uses consistent with the DDSP. The Downtown Dublin Zoning District was established to implement the DDSP and ensure that all development in the DDSP area is reviewed for substantial compliance with the DDSP. The amendments continue to require compliance with the development standards, land use regulations and design guidelines in the DDSP.

Transportation Impact Analysis Guidelines
The City of Dublin Transportation Impact Analysis (TIA) Guidelines require a local transportation analysis (LTA) for all General Plan Amendments to evaluate potential impacts on the circulation network. The analysis primarily focuses on local access and circulation in proximity to the project area. Per the TIA Guidelines, an LTA was initiated to evaluate the proposed land use changes and is outside the CEQA review process.

As stated in the General Plan, the City may consider improvements in the DDSP area to increase the efficiency of the roadway network especially to minimize transit delays and improve vehicular, bicyclist and pedestrian safety through striping, signalization timing, etc., as long as the proposed improvements are consistent with adopted Specific Plan and General Plan policies. The preliminary recommended improvements include lengthening turn pockets, adjusting signal timing and cycle lengths and improving bicycle improvements.

These improvements will be further refined and identified in a future amendment to the Western Dublin Transportation Impact Fee program.

As stated in General Plan Policy 5.2.5 B., the City periodically reviews the improvements identified in the Western Dublin Transportation Impact Fee to ensure that the improvements identified are consistent with General Plan policies, the DDSP, the Dublin Bicycle and Pedestrian Plan, and improve the efficiency of the roadway network, especially for transit service, and enhance vehicular, bicycle and pedestrian safety.

ENVIRONMENTAL DETERMINATION:

In 2010, an Environmental Impact Report (EIR) was prepared to address potential environmental impacts of the DDSP. The DDSP EIR (SCH# 2010022005) was prepared in accordance with the California Environmental Quality Act (CEQA) and was certified by the City Council on February 1, 2011.

The DDSP was adopted by the Dublin City Council in February 2011 with the intent of 502

encouraging development within the Downtown area that would be more conducive to a walkable, mixed-use, and vibrant community. The boundaries of the DDSP encompassed boundaries of five other specific plans that were dissolved when the DDSP was adopted. The DDSP includes three distinct districts (Retail, Transit Oriented, and Village Parkway Districts), with separate development standards for each.

After adoption, the DDSP has been amended five times, including the 2020 DDSP Amendments focused on the initial implementation of the Downtown Dublin Preferred Vision approved by City Council on November 5, 2019, which included three primary components: 1) Siting of a Town Square; 2) New Street Grid Network; and 3) Downtown Character.

The proposed amendments further implement the Downtown Dublin Preferred Vision by increasing the residential development potential by 465 units and decreasing the non- residential square footage by 300,000 square feet, increasing the height and floor area ratio in “The Core” area of the Retail District and amendments to the design standards and allowable uses.

The project was examined to determine if any of the standards contained in CEQA Guidelines Section 15162(a) requiring preparation of supplemental environmental review would be met.

CEQA Guidelines Section 15162 identifies the conditions requiring subsequent environmental review. After a review of these conditions, the City has determined that no subsequent EIR or Negative Declaration is required for this project. This is based on the following:

a) Are there substantial changes to the Project involving new or more severe significant impacts?

There are no substantial changes to the project involving new or more severe significant impacts than what was analyzed in the DDSP EIR and subsequent Addendums. The project is consistent with the land uses for the project area analyzed in the DDSP EIR and subsequent Addendums. The project does not constitute a substantial change to the DDSP EIR and subsequent Addendums analyses, will not result in additional significant impacts, and no additional or different mitigation measures are required.

b) Are there substantial changes in the conditions which the Project is undertaken involving new or more severe significant impacts?

There are no substantial changes in the circumstances or conditions involving new or more severe significant impact than was analyzed in the DDSP EIR or subsequent Addendums. The project will not change the allocation nor amount of development as previously analyzed in the EIR and subsequent Addendums.

c) Is there new information of substantial importance, which was not known and could not have been known at the time of the previous EIR that shows the Project will have a significant effect not addressed in the previous EIR; or previous effects are more severe; or, previously infeasible 503

mitigation measures are now feasible but the applicant declined to adopt them; or mitigation measures considerably different from those in the previous EIR would substantially reduce significant effects but the applicant declines to adopt them?

There is no new information showing a new or more severe significant effect beyond those identified in the prior CEQA documents. All future development projects would be required to comply with the design standards of the DDSP and applicable regulatory requirements. No new or different mitigation measures are required for the project. All previously adopted mitigations continue to apply to the project. The CEQA documents adequately describe the impacts and mitigations associated with the proposed development on portions of the Downtown Dublin Specific Plan area.

d) If no subsequent EIR-level review is required, should a subsequent negative declaration be prepared?

With adherence to applicable regulatory requirements, there would be no new or substantially more severe significant impacts beyond what has been analyzed in the DDSP EIR and subsequent Addendums, and no other CEQA standards for supplemental review are met. Therefore, no further environmental review or documentation is required. No subsequent Negative Declaration or Mitigated Negative Declaration is required because there are no significant impacts of the project beyond those identified in the DDSP EIR and subsequent Addendums.

The Initial Study and CEQA Addendum are included as Attachment 3.

PLANNING COMMISSION REVIEW:

The Planning Commission considered the proposed project at their regular meeting on September 12, 2023. There was no public comment provided at the meeting. The Planning Commission unanimously adopted Resolution No. 23-07 (Attachment 4) recommending approval of the DDSP Amendments.

STRATEGIC PLAN INITIATIVE:

Strategy 1: Downtown Dublin and Economic Development.

Objective A: Continue support of the Downtown Preferred Vision and Downtown Dublin Specific Plan including improving visual and environmental quality and evaluating specific business uses.

Objective B: Pursue mixed-use projects to create economic vitality. Implement the City's adopted Preferred Vision for Downtown Dublin.

504