Agenda packet — Dublin City Council, June 4, 2024 (part 1 of 7)

June 04, 2024 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS City Council Chamber
Dr. Sherry Hu, Mayor Pro Tempore Dublin Civic Center
Jean Josey, Councilmember 100 Civic Plaza
Michael McCorriston, Councilmember Dublin, CA 94568
Kashef Qaadri, Councilmember www.dublin.ca.gov
Regular Meeting of the

DUBLIN CITY COUNCIL
Tuesday, June 4, 2024 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures:
□ Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, June 4, 2024. Upon submission, you will receive Zoom link information from the City Clerk.

Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed.
□ Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.
□ When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.
1 June 04, 2024 Dublin City Council Regular Meeting Agenda 2 □ Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS AND PROCLAMATIONS

3.1 Presentation to Outgoing Mayor Melissa Hernandez
The City will make a presentation to outgoing Mayor Melissa Hernandez in appreciation of her dedicated service to the City.

STAFF RECOMMENDATION:

Make the presentation and receive comments from outgoing Mayor Melissa Hernandez.

Staff Report

3.2 Recognition of 2024 Dublin Pride Week Contest Winners The City Council will recognize the winners of the 2024 Dublin Pride Week Photography, Poster, and Essay Contests.

STAFF RECOMMENDATION:

Recognize the contest winners.

Staff Report
Item 3.2 - PowerPoint Presentation

3.3 Gun Violence Awareness Day and Month Proclamation
The City Council will present the Gun Violence Awareness Day and Month Proclamation.

STAFF RECOMMENDATION:

Present the Proclamation.

Staff Report
Attachment 1 - Gun Violence Awareness Day and Month Proclamation

3.4 Employee Introduction
New City of Dublin Staff member, Mark Pulgarin, Senior Public Works Inspector with the Public Works Department, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff member.

Staff Report

4. PUBLIC COMMENT
At this time, the public is permitted to address the City Council on non-agendized items.

Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City 2 June 04, 2024 Dublin City Council Regular Meeting Agenda 3 Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

5. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.

5.1 Approval of the May 21, 2024 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the May 21, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the May 21, 2024 Regular City Council Meeting.

Staff Report
Attachment 1 - May 21, 2024 Regular City Council Meeting Minutes

5.2 Amendments to Agreements for Consulting Services and Contractor Services with Cascadia Consulting, Guida (formerly Guida Surveying, Inc.), Kimley-Horn & Associates Inc., Kittelson & Associates, Inc., Lynx Technologies, Pakpour Consulting Group, Inc., and Tri-Valley Janitorial Service & Supply, Inc.

The City Council will consider the approving amendments to Consulting Services Agreements and Contractor Services Agreements with Cascadia Consulting, Guida (formerly Guida Surveying, Inc.), Kimley-Horn & Associates Inc., Kittelson & Associates, Inc., Lynx Technologies, Pakpour Consulting Group, Inc., and Tri-Valley Janitorial Services & Supply, Inc. The proposed amendments extend the durations and increase the not-to-exceed compensation amounts of the agreements.

STAFF RECOMMENDATION:

Take the following actions: 1) Adopt the Resolution Approving Amendment #2 to the Contractor Services Agreement with Cascadia Consulting Group, Inc. for Senate Bill 1383 Implementation Assistance; 2) Adopt the Resolution Approving Amendment #1 to the Consulting Services Agreement with Guida (Formerly Guida Surveying, Inc.) for Surveying Services; 3) Adopt the Resolution Approving Amendment #1 to the Consulting Services Agreement with Kimley-Horn & Associates Inc. for Development Review, Intelligent Transportation Systems, and Transportation Planning and Engineering; 4) Adopt the Resolution Approving Amendment #1 to the Consulting Services Agreement with Kittelson & Associates, Inc. for Transportation Planning and Engineering Services; 5) Adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement with Lynx Technologies , Inc. for GIS Consulting Services; 6) Adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement with Pakpour Consulting Group, Inc. for Development Review and Construction Management and Inspection Services; and 7) Adopt the Resolution Approving Amendment #1 to the Contractor Services Agreement with Tri-Valley Janitorial Services & Supply, Inc. for Janitorial Services and Supplies.

Staff Report
3 June 04, 2024 Dublin City Council Regular Meeting Agenda 4 Attachment 1 - Resolution Approving Amendment #2 to the Contractor Services Agreement with Cascadia Consulting Group, Inc. for Senate Bill 1383 Implementation Assistance
Attachment 2 - Exhibit A to the Resolution - Amendment #2 to the Contractor Services Agreement with Cascadia Consulting Group, Inc.

Attachment 3 - Contractor Services Agreement and Amendment #1 with Cascadia Consulting Group Inc. for Senate Bill 1383 Implementation Assistance Attachment 4 - Resolution Approving Amendment #1 to the Consulting Services Agreement with Guida (Formerly Guida Surveying, Inc.) for Surveying Service Attachment 5 - Exhibit A to the Resolution - Amendment #1 to the Consulting Services Agreement with Guida
Attachment 6 - Consulting Services Agreement with Guida Surveying Inc. for Surveying Services
Attachment 7 - Resolution Approving Amendment #1 to the Consulting Services Agreement with Kimley- Horn & Associates, Inc. for Development Review, Intelligent Transportation Systems, and Transportation Planning and Engineering Attachment 8 - Exhibit A to the Resolution - Amendment #1 to the Consulting Services Agreement with Kimley-Horn and Associates, Inc.

Attachment 9 - Consulting Services Agreement with Kimley-Horn and Associates, Inc. for On-Call Development Review, Intelligent Transportation Systems, and Transportation Planning and Engineering
Attachment 10 - Resolution Approving Amendment #1 to the Consulting Services Agreement with Kittelson & Associates, Inc. for Transportation Planning and Engineering Services
Attachment 11 - Exhibit A to the Resolution - Amendment #1 to the Consulting Services Agreement with Kittelson & Associates, Inc.

Attachment 12 - Consulting Services Agreement with Kittelson & Associates, Inc. for OnCall Transportation Planning and Engineering Services Attachment 13 - Resolution Approving Amendment #2 to the Consulting Services Agreement with Lynx Technologies, Inc. for GIS Consulting Services Attachment 14 - Exhibit A to the Resolution - Amendment #2 to the Consulting Services Agreement with Lynx Technologies, Inc.

Attachment 15 - Consulting Services Agreement and Amendment #1 with Lynx Technologies, Inc. for GIS Consulting Services
Attachment 16 - Resolution Approving Amendment #2 to the Consulting Services Agreement with Pakpour Consulting Group Inc. for Development Review and Construction Management and Inspection Services
Attachment 17 - Exhibit A to the Resolution - Amendment #2 to the Consulting Services Agreement with Pakpour Consulting Group, Inc.

Attachment 18 - Consulting Services Agreement and Amendment #1 with Pakpour Consulting Group, Inc. for On-Call Development Review and Construction Management and Inspection
Attachment 19 - Resolution Approving Amendment #1 to the Contractor Services Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies
4 June 04, 2024 Dublin City Council Regular Meeting Agenda 5 Attachment 20 - Exhibit A to the Resolution - Amendment #1 to the Contractor Services Agreement with Tri-Valley Janitorial Service & Supply, Inc.

Attachment 21 - Contractor Services Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies

5.3 Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2024-25
The City Council will consider approving the use of Transportation Development Act (TDA) Article 3 Pedestrian and Bicycle Project Funding for the construction of the Regional Street Mid-Block Crossing Improvement and pedestrian improvements along Amador Valley Boulevard, from the Iron Horse Regional Trail to Stagecoach Road.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding.

Staff Report
Attachment 1 - Resolution Approving a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Attachment 2 - MTC Resolution No. 4108 - TDA Article 3 Policies and Procedures Attachment 3 - Citywide Bicycle and Pedestrian Improvement Project, CIP No. ST0517

5.4 Contract Instructor Services Agreements with Squad Estates dba Skyhawks TriValley East Bay and Akshay Arora dba Arora Tennis and Fitness The City Council will consider approving Contract Instructor Services Agreements with Squad Estates dba Skyhawks Tri-Valley East Bay and Akshay Arora dba Arora Tennis and Fitness for Recreation Services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services; and adopt the Resolution Approving a Contract Instructor Services Agreement with Akshay Arora dba Arora Tennis and Fitness for Recreation Services.

Staff Report
Attachment 1 - Resolution Approving a Contract Instructor Services Agreement with Squad Estates dba Skyhawk's Tri-Valley East Bay for Recreation Services Attachment 2 - Exhibit A to the Resolution - Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay
Attachment 3 - Resolution Approving a Contract Instructor Services Agreement with Akshay Arora dba Arora Tennis and Fitness for Recreation Services Attachment 4 - Exhibit A to the Resolution - Contract Instructor Services Agreement with Akshay Arora dba Arora Tennis and Fitness

5.5 The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 – Fiscal Year 2024-25 Project List
The City Council will consider approving a list of projects funded in Fiscal Year 2024-25 by Senate Bill 1, the Road Repair and Accountability Act of 2017. 5 June 04, 2024 Dublin City Council Regular Meeting Agenda 6 STAFF RECOMMENDATION:

Adopt the Resolution Adopting a List of Projects Funded in Fiscal Year 2024-25 by Senate Bill 1, the Road Repair and Accountability Act of 2017.

Staff Report
Attachment 1 - Resolution Adopting a List of Projects Funded in Fiscal Year 2024-25 by Senate Bill 1, the Road Repair and Accountability Act of 2017

5.6 Notice of Review of Conflict of Interest Code
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if it needs amending. The City Council is the code reviewing body for City agencies, and the City Council must direct Staff to review the City’s Conflict of Interest Code and make a determination by October 1, 2024, if there is a need to amend it.

STAFF RECOMMENDATION:

Direct Staff to review the City’s Conflict of Interest Code and take the appropriate action.

Staff Report
Attachment 1 - Government Code Sections 82011 and 87306.5 Attachment 2 - Dublin Municipal Code Chapter 2.24

5.7 Grant of Easement to PG&E for Electric Facilities on Dublin Sports Grounds Property The City Council will consider granting an easement to Pacific Gas and Electric Company (PG&E) over new electrical lines and a transformer serving the new electric vehicle charging stations on the Dublin Sports Grounds property at 6700 Dublin Boulevard, Assessor’s Parcel No. 941-1400-002-13.

STAFF RECOMMENDATION:

Adopt the Resolution Granting an Easement to Pacific Gas and Electric Company for Electric Facilities Purposes Over a Portion of Assessor’s Parcel Number 941-1400-002-13.

Staff Report
Attachment 1 - Resolution Granting an Easement to Pacific Gas and Electric Company for Electric Facilities Purposes Over a Portion of Assessor's Parcel Number 941-1400-002-13 Attachment 2 - Exhibit A to Resolution - Easement Deed

5.8 Agreements for On-Call Vehicle Maintenance and Repair Services with Big O Tires, Dublin Chevrolet, Livermore Auto, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram, and Pro Cycles
The City Council will consider approving agreements for on-call vehicle maintenance and repair services for Dublin Police Services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Agreements for On-Call Vehicle Maintenance and Repair Services with Big O Tires, Dublin Chevrolet, Livermore Auto Group, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram, and Pro Cycles.

Staff Report
Attachment 1 - Resolution Approving Agreements for On-Call Vehicle Maintenance and Repair Services with Big O Tires, Dublin Chevrolet, Livermore Auto, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram, and Pro Cycles 6 June 04, 2024 Dublin City Council Regular Meeting Agenda 7 Attachment 2 - Exhibit A to the Resolution - Contracting Services Agreements with Big O Tires, Dublin Chevrolet, Livermore Auto, European Mobile Werks, Stoneridge Chrysler Jeep

5.9 First Amendment to the Consulting Services Agreement with Townsend Public Affairs, Inc. for Grant Strategy and Writing Services
The City Council will consider approving an amendment to the Consulting Services Agreement with Townsend Public Affairs, Inc. for Grant Strategy and Writing Services.

STAFF RECOMMENDATION
Adopt the Resolution Approving the First Amendment to the Consulting Services Agreement Between the City of Dublin and Townsend Public Affairs, Inc.

Staff Report
Attachment 1 - Resolution Approving the First Amendment to the Consulting Services Agreement Between the City of Dublin and Townsend Public Affairs, Inc.

Attachment 2 - Exhibit A to the Resolution - First Amendment to Consulting Services Agreement Between the City of Dublin and Townsend Public Affairs, Inc.

5.10 Amendments to Consulting Services Agreements for On-Call Services for the Building & Safety and Code Enforcement Divisions
The City Council will consider approving amendments to the Consulting Services Agreements with 4Leaf, Inc. and TRB & Associates, Inc., which provide contract services on an as-needed basis to the Community Development Department. The City Council will also consider approving an amendment to the agreement with Civica Law Group, APC to provide special legal counsel for code enforcement activities. The proposed amendments extend the term of the agreements to June 30, 2026 and increase the compensation paid during the term of the agreements.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Amendments to the Consulting Services Agreements for On-Call Contract Building and Safety Division Services with 4Leaf, Inc. and TRB & Associates, Inc., adopt the Resolution Approving the Second Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services, and approve the budget change.

Staff Report
Attachment 1 - Resolution Approving Amendments to the Consulting Services Agreements for On-Call Contract Building and Safety Services with 4Leaf, Inc. and TRB & Associates, Inc.

Attachment 2 - Exhibit A to the Resolution - Third Amendment to Consulting Services Agreement Between the City of Dublin and 4Leaf, Inc.

Attachment 3 - Exhibit B to the Resolution - Second Amendment to Consulting Services Agreement Between the City of Dublin and TRB & Associates, Inc.

Attachment 4 - Consulting Services Agreement and First and Second Amendment with 4Leaf Inc.

Attachment 5 - Consulting Services Agreement and First Amendment with TRB & Associates, Inc.

Attachment 6 - Resolution Approving the Second Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services 7 June 04, 2024 Dublin City Council Regular Meeting Agenda 8 Attachment 7 - Exhibit A to the Resolution - Second Amendment to Agreement Between Civica Law Group, APC and the City of Dublin
Attachment 8 - Agreement and First Amendment with Civica Law Group, APC Attachment 9 - Budget Change Form

5.11 Adoption of an Appropriations Limit for Fiscal Year 2024-25 The City Council will consider adoption of the annual Appropriations Limit in accordance with State law. The City of Dublin’s Limit for Fiscal Year 2024-25 is $485,074,181, which exceeds the City’s related appropriations by $383,496,716.

STAFF RECOMMENDATION:

Adopt the Resolution Adopting an Appropriations Limit for Fiscal Year 2024-25.

Staff Report
Attachment 1 - Resolution Adopting an Appropriations Limit for Fiscal Year 2024-25 Attachment 2 - Exhibit A to the Resolution - Calculation of Fiscal Year 2024-25 Appropriations Limit

5.12 Appointment to i-Gate
Prior to resignation from the City Council, Mayor Hernandez resigned her seat on the iGate board, creating a vacancy and recommended the appointment of Councilmember Qaadri to i-Gate.

STAFF RECOMMENDATION:

Confirm Mayor Hernandez’s appointment to i-Gate.

Staff Report
Attachment 1 - Resolution 151-22 Confirming the Mayors Appointments to Various Local and Regional Boards Committees and Commissions

6. PUBLIC HEARING

6.1 Amendment to the Dublin Municipal Code Inclusionary Zoning Regulations (Chapter

8.68), Adopting a Methodology for Determining Affordable Housing In-Lieu Fees and Adopting Non-Residential Development Affordable Housing Impact Fees (PLPA2023-00032) The City Council will hold a public hearing to consider adopting amendments to the Dublin Municipal Code Inclusionary Zoning Regulations (Chapter 8.68), the methodology for establishing the Affordable Housing In-Lieu Fee, and the Non-Residential Development Affordable Housing Impact Fee. The amendments to the Inclusionary Zoning Regulations include lowering the applicability of the regulations to residential development projects of 10 or more units, creating separate affordability requirements for different product types, resetting the 55-year affordable resale restriction upon transfer of ownership units, and applying selection criteria to resale of ownership units.

The Affordable Housing In-Lieu Fee program would be revised to establish fees on a persquare-foot basis for each product type. The Non-Residential Development Affordable Housing Impact Fee program would be retained with an inflationary index but would combine Research & Development and Office uses into a single category and set the fee at $1.39 per square foot.
8 June 04, 2024 Dublin City Council Regular Meeting Agenda 9 STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and take the following actions: 1) Waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations); 2) Adopt the Resolution Establishing the Methodology for Determining the Affordable Housing In-Lieu Fee for Future Residential Units Subject to the City of Dublin Inclusionary Zoning Regulations; and 3) Adopt the Resolution Adopting a Non-Residential Development Affordable Housing Impact Fee Within the City of Dublin.

Staff Report
Attachment 1 - Ordinance Approving Amendments to Dublin Municipal Code Chapter

8.68 (Inclusionary Zoning Regulations)
Attachment 2 - Resolution Establishing the Methodology for Determining the Affordable Housing In-Lieu Fee for Future Residential Units Subject to the City of Dublin Inclusionary Zoning Regulations
Attachment 3 - Exhibit A to the Resolution - Inclusionary Housing Feasibility Report dated December 7, 2023 Revised March 27, 2024
Attachment 4 - Resolution Adopting the Non-Residential Development Affordable Housing Impact Fees Within the City of Dublin
Attachment 5 - Exhibit A to the Resolution - Commercial Linkage Fee Nexus Study dated October 27, 2023
Attachment 6 - Redlined Version of Amendment to Inclusionary Zoning Regulations Attachment 7 - Planning Commission Resolution 24- 04 Recommending City Council Approval of Amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations)
Attachment 8 - City Council Staff Report Dated January 9, 2024 Attachment 9 - City Council Staff Report Dated March 19, 2024 Item 6.1 - PowerPoint Presentation

6.2 Proposed Budget for Fiscal Years 2024-25 and 2025-26 The City Council will consider approval of the Proposed Budget for Fiscal Years 2024-25 and 2025-26 and related salary plans.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and adopt the following: 1) Resolution Adopting a Budget for the City of Dublin for Fiscal Year 2024-25; 2) Resolution Establishing a Salary Plan for Full -Time Personnel in Accordance with the Personnel Rules; 3) Resolution Establishing a Salary Plan for Management Positions Exempt from Competitive Service; and 4) Resolution Amending the Classification Plan.

Staff Report
Attachment 1 - Proposed Budget Fiscal Years 2024-25 and 2025-26 Attachment 2 - Resolution Adopting a Budget for the City of Dublin for Fiscal Year 2024-25 Attachment 3 - Resolution Establishing a Salary Plan for Full-Time Personnel in Accordance with the Personnel Rules
Attachment 4 - Resolution Establishing a Salary Plan for Management Positions Exempt from Competitive Service
Attachment 5 - Resolution Amending the Classification Plan 9 June 04, 2024 Dublin City Council Regular Meeting Agenda 10 Attachment 6 - Exhibit A to the Resolution - Economic Development Manager Job Description
Item 6.2 - PowerPoint Presentation

6.3 Proposed Five-Year Capital Improvement Program 2024-2029 The City Council will conduct a public hearing and consider adopting the Five-Year Capital Improvement Program which contains public capital projects proposed for Fiscal Year 2024-25 through Fiscal Year 2028-29.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and adopt the Resolution Adopting the Five-Year Capital Improvement Program 2024-2029.

Staff Report
Attachment 1 - Resolution Adopting the Five-Year Capital Improvement Program 2024- 2029
Attachment 2 - Five-Year Capital Improvement Program 2024-2029 Attachment 3 - Planning Commission Resolution No. 24-03 Finding Conformity with the General Plan for the Fiscal Year 2024-25 and Fiscal Year 2025-26 Projects in the City of Dublin Five-Year Capital Improvement Program 2024-2029
Item 6.3 - PowerPoint Presentation

7. UNFINISHED BUSINESS – None.

8. NEW BUSINESS

8.1 Review of User Fee Study and Cost Allocation Plan
The City’s User Fee Cost Recovery Policy calls for a comprehensive user fee study to be conducted at least every five years to assure that user fees reflect the City’s underlying costs. The current fee and cost recovery model was adopted by the City Council in June 2018. On December 19, 2023, the City engaged Matrix Consulting Group, Ltd to conduct both a User Fee Study and a Cost Allocation Plan. The City Council will receive the results of the two reports prior to considering adoption of a new master fee schedule. A public hearing to adopt the master fee schedule is scheduled for June 18, 2024.

STAFF RECOMMENDATION:

Receive the reports and provide input.

Staff Report
Attachment 1 - Report on Cost of Services (User Fee) Study Attachment 2 - Full Cost Allocation Plan
Attachment 3 - Subsidized Fees
Attachment 4 - User Fee Cost Recovery Policy
Item 8.1 - PowerPoint Presentation

8.2 Actions to Fill Mayoral Vacancy
The City Council will consider its options to fill the vacancy left by the resignation of Mayor Melissa Hernandez. The Mayoral term expires in December of this year. The City Council’s options include making an appointment by August 3, 2024 or leave the office of Mayor vacant until the results of the November 5, 2024 General Municipal Election are declared.
10 June 04, 2024 Dublin City Council Regular Meeting Agenda 11 STAFF RECOMMENDATION:

Appoint someone to fill the vacancy or provide direction on the process to fill the vacancy in the office of Mayor.

Staff Report
Attachment 1 - Resolution 131-23 Amending and Restating the Rules for the Conduct of Meetings of the City Council

9. CITY MANAGER AND CITY COUNCIL REPORTS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).

10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.

Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings.

Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and sustainable environment, fosters new opportunities, and champions a culture of equity, diversity, and inclusion. 11 STAFF REPORT

CITY COUNCIL

Page 1 of 1 ends

Agenda Item 3.1
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Presentation to Outgoing Mayor Melissa Hernandez Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

The City will make a presentation to outgoing Mayor Melissa Hernandez in appreciation of her dedicated service to the City.

STAFF RECOMMENDATION:

Make the presentation and receive comments from outgoing Mayor Melissa Hernandez.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City will make a presentation to outgoing Mayor Melissa Hernandez in appreciation of her dedicated service to the City.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
12 STAFF REPORT

CITY COUNCIL

Page 1 of 4 ends

Agenda Item 3.2
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Recognition of 2024 Dublin Pride Week Contest Winners Prepared by: Shelby Perry, Recreation Coordinator
EXECUTIVE SUMMARY:

The City Council will recognize the winners of the 2024 Dublin Pride Week Photography, Poster, and Essay Contests.

STAFF RECOMMENDATION:

Recognize the contest winners.

FINANCIAL IMPACT:

Funding for Dublin Pride Week activities is included in the Fiscal Year 2023-24 Operating Budget.

DESCRIPTION:

The 2024 Dublin Pride Week Celebration took place from Saturday, April 20, to Saturday, April 27, 2024. The theme for the 2024 Celebration was “Green City, Bright Future.” Several events took place during the weeklong celebration, including the “Nature in Our Backyard” Photography Contest and the Dublin Pride Poster and Essay Contests supported by the General Federation of Women’s Club Dublin/San Ramon chapter (GFWC).

Nature in Our Backyard Photography Contest
The sixth annual photo contest was open to photographers who snapped pictures in Dublin over the last 12 months. The submission period ran from February through April 1, 2024, with 193 submissions received. A panel of judges selected the top 10 photographs, which were posted to the City’s website from April 16 to April 24, 2024, for a public vote. The top four photographs based on the public voting results are awarded gift cards and certificates of recognition from the City. The grand prize winner receives a $200 gift card, the first-place winner receives a $100 gift 13

Page 2 of 4 ends

card, the second-place winner receives a $50 gift card, and the third-place winner receives a $25 gift card. Mike’s Camera of Dublin sponsored the 2024 event and donated large metal prints that will be provided to the contest winners. Additionally, framed photographs will be displayed in the Civic Center lobby.

The 2024 “Nature in Our Backyard” Photography Contest winners are:
 Grand Prize Winner:

Remy Begin, “Double Dublin”
 First Place Winner
Bharathi Kakilate, “Golden Serenity”
 Second Place Winner
Prasad Takkar, “Fall”
 Third Place Winner
Rita Szollos, “Seasons Bounty”
Dublin Pride Week Poster and Essay Contests
Students in grades K-12 from all public and private schools in the City of Dublin were invited to participate in this year’s contest. The poster and essay contest theme was “Green City, Bright Future.”
The GFWC handled the judging of the posters and essays.

Each participant receives a Certificate of Merit. Grand prize winners receive a $100 gift card, firstplace winners receive a $25 gift card, and second-place winners receive a $15 gift card. Lastly, a “Classroom Award” of $200 is presented to the class teacher of the Grand Prize winners of both the poster and essay contests. This gift can be spent at the teacher’s discretion and is intended to assist with classroom activities and supply costs.

The 2024 Dublin Pride Poster Contest winners are:

Best Overall Category
 Grand Prize Winner:

Lauren Chuck, Ninth Grade, Emerald High School
K - 1st Grade Category
 First Place Winner:

Reyansh Rana, First Grade, Dougherty Elementary
 Second Place Winner:

Mira Tondepu, Kindergarten, Kolb Elementary
2nd – 3rd Grade Category
14

Page 3 of 4 ends

 First Place Winner:

Annika Majumder, Third Grade, Kolb Elementary
 Second Place Winner:

Kiara Wanchoo, Second Grade, Amador Elementary
4th – 5th Grade Category
 First Place Winner:

Sahasra Manchiraju, Fifth Grade, Dublin Elementary
 Second Place Winner:

Jacob Lao, Fifth Grade, Dublin Elementary
6th – 8th Grade Category
 First Place Winner:

Chriselle Dsouza, Sixth Grade, Wells Middle School
 Second Place Winner:

Jenny Nguyen, Eighth Grade, Fallon Middle School
9th – 12th Grade Category
 First Place Winner:

Nadine Poon, Twelfth Grade, Dublin High
The 2024 Dublin Pride Essay Contest winners are:

Best Overall Category
 Grand Prize Winner:

Anay Sharma, Tenth Grade, Dublin High School
K - 1st Grade Category
 First Place Winner:

Reyansh Rana, First Grade, Dougherty Elementary
 Second Place Winner:

Zhiyuam Tian, Kindergarten, Kolb Elementary
2nd – 3rd Grade Category
 First Place Winner:

Annika Majumder, Third Grade, Kolb Elementary
 Second Place Winner:

Kiara Wanchoo, Second Grade, Amador Elementary
4th – 5th Grade Category
 First Place Winner:
15

Page 4 of 4 ends

Ahaana Shastri, Fifth Grade, Amador Elementary
 Second Place Winner:

Shiv Singh, Fifth Grade, John Green Elementary
6th – 8th Grade Category
 First Place Winner:

Irene Han, Sixth Grade, Valley Christian
 Second Place Winner:

Jenny Nguyen, Eighth Grade, Fallon Middle School
All winning photographs, posters, and essays from the 2024 contests are posted and available on the City’s website for public viewing.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
16 Dublin Pride Week:

Green City, Bright Future
City Council Meeting
June 4, 2024
17 Dublin Pride Week
18 “Nature in Our Backyard” Photography Contest
Grand Prize Winner:

Remy Begin “Double
Dublin”
First Place: Bharathi
Kakilate “Golden Serenity” Second Place:

Prasad Takkar “Fall”
Third Place: Rita Szollos
“Seasons Bounty”
19 Essay Contest
20 Essay Contest Winners
Grand Prize Winner: Anay Sharma, 10th Grade, Dublin High School Reyansh Rana
1 st Grade
Dougherty Elem.

Grades K-1 Grades 2-3 Grades 4-5 Grades 6-8
Annika
Majumder
3rd Grade
Kolb Elem.

Ahaana Shastri
5th Grade
Amador Elem.

Irene Han
6th Grade
Valley Christian
School
Zhiyuam Tian
Kindergarten
Kolb Elem.

Kiara Wanchoo
2nd Grade
Amador Elem.

Shiv Singh
5th Grade
Green Elem.

Jenny Nguyen
8th Grade
Fallon Middle
21 Poster Contest
22 Poster Contest Winners
Grand Prize Winner: Lauren Chuck, 9th Grade, Emerald High School Grades K-1 Grades 2-3 Grades 4-5 Grades 6-8
Mira Tondepu
Kindergarten
Kolb Elem.

Kiara Wanchoo
2nd Grade
Amador Elem.

Sahasra
Manchiraju
5th Grade
Dublin Elem.

Jacob Lao
5th Grade
Dublin Elem.

Jenny Nguyen
8th Grade
Fallon Middle
Grades 9-12
Chriselle Dsouza
6th Grade
Wells Middle
Nadine Poon
12th Grade
Dublin High
Reyansh Rana
1 st Grade
Dougherty Elem.

Annika
Majumder
3rd Grade
Kolb Elem.
23 Thank You
24 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 3.3
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Gun Violence Awareness Day and Month Proclamation Prepared by: Marissa Clevenger, Administrative Technician EXECUTIVE SUMMARY:

The City Council will present the Gun Violence Awareness Day and Month Proclamation.

STAFF RECOMMENDATION:

Present the Proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

June is recognized nationally as Gun Violence Awareness Month, and Gun Violence Awareness Day is observed on the first Friday of June. This year on June 7, many people will demonstrate their support of gun violence awareness by wearing orange in remembrance of Hadiya Pendleton, who was shot and killed on a playground in Chicago when she was a young teen.

With this proclamation, the City renews its commitment to reduce gun violence and encourage responsible gun ownership in our community and country.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
25

Page 2 of 2 ends

ATTACHMENTS:
1) Gun Violence Awareness Day and Month Proclamation
26 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Gun Violence Awareness Day and Month”
WHEREAS, every day, 120 Americans are killed by gun violence and more than 200 are shot and wounded, with an average of nearly 18,000 gunrelated homicides every year; and WHEREAS, California has an average of 3,299 gun-related deaths every year, with a rate of 8.2 deaths per 100,000 people, California has the 45th highest rate of gun-related deaths in the United States; and WHEREAS, gun-related homicides and assaults are concentrated in cities, with more than half of all gun-related deaths in the nation occurring in 127 cities; and
WHEREAS, 57% of gun-related deaths in the United States are by firearm suicide; an average of 25,205 deaths per year; and WHEREAS, cities across the nation, including Dublin, work tirelessly to protect their residents from gun-related violence; and WHEREAS, on the first Friday in June, many people wear orange to raise awareness about gun violence and honor gun violence victims and survivors. Wearing orange is in remembrance Hadiya Pendleton, who was shot at age 15 on a playground in Chicago. The tradition was started by a group of Hadiya’s friends to commemorate her life.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim Friday, June 7, 2024 to be Gun Violence Awareness Day, and the month of June to be Gun Violence Awareness Month in the City of Dublin. The City of Dublin will light The Wave in orange for June 7 -9, 2024 to help raise awareness about gun violence and encourages all citizens to support their local communities’ efforts to prevent the tragic effects of gun violence, and to honor and value human life.

DATED: June 4, 2024
Mayor Pro Tempore Sherry Hu Councilmember Jean Josey
Councilmember Michael McCorriston Councilmember Kashef Qaadri 27 STAFF REPORT

CITY COUNCIL

Page 1 of 1 ends

Agenda Item 3.4
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introduction
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:

New City of Dublin Staff member, Mark Pulgarin, Senior Public Works Inspector with the Public Works Department, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff member.

FINANCIAL IMPACT:

None.

DESCRIPTION:

New City of Dublin Staff member, Mark Pulgarin, Senior Public Works Inspector with the Public Works Department, will be introduced.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
28 STAFF REPORT

CITY COUNCIL

Page 1 of 1 ends

Agenda Item 5.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the May 21, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the May 21, 2024 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the May 21, 2024 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) May 21, 2024 Regular City Council Meeting Minutes
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of May 21, 2024 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
29 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: May 21, 2024

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
MAY 21, 2024
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at: https://dublin.ca.gov/ccmeetings CLOSED SESSION 5:30 PM
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
II. CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representatives: Mayor Hernandez and Councilmember Qaadri Unrepresented Employee: City Attorney
III. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, May 21, 2024, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hernandez. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Dr. Sherry Hu, Vice Mayor Present
Jean Josey, Councilmember Present
Michael McCorriston, Councilmember Present
Kashef Qaadri, Councilmember Present
Mayor Hernandez stated that Public Hearing Item 6.1, Inclusion of a Community Facilities District Financing Option in the City of Dublin’s Participation in the California Statewide Community Infrastructure Program (SCIP), would be continued to a date uncertain. 2) REPORT ON CLOSED SESSION
Mayor Hernandez reported there was no reportable action out of Closed Session.

Attachment 1
30 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
MAY 21, 2024
3) PRESENTATIONS AND PROCLAMATIONS

3.1) Presentation from the Mayor’s Council
The City Council received a presentation from the Mayor’s Council on their activities during the 2023-24 year.

3.2) 2023-24 Youth Advisory Committee Annual Report
The Youth Advisory Committee presented an annual report highlighting accomplishments for the 2023-24 term.

3.3) Lupus Awareness Month Proclamation
The City Council presented the Lupus Awareness Month Proclamation.

3.4) Job’s Daughters International Day Proclamation
The City Council presented the Job’s Daughters International Day Proclamation.

3.5) Employee Introduction
New City of Dublin Staff member, Ramon Montanez, Code Enforcement Officer with the Community Development Department, was introduced.
4) PUBLIC COMMENT
Brent Songey provided public comment.
5) CONSENT CALENDAR
Before reviewing the Consent Calendar, John Bakker, City Attorney, made a statement regarding Item 5.5 noting that the Brown Act requires the City to provide a verbal statement of any changes made to the compensation of city officials. The proposal in Item 5.5 is to increase the City Manager’s base pay salary by 3.5%, and it would include a one-time contribution of $5,000 to the City Manager’s Deferred Compensation account.

5.1) Approved the May 7, 2024 Regular City Council Meeting Minutes.

5.4) Received a report of payments issued from April 1, 2024 – April 30, 2024, totaling $12,904,252.45.

5.5) Approved and Authorized the Mayor to execute the Fourth Amendment to the City Manager’s Employment Agreement and approve the one-time contribution to the City Manager’s deferred compensation account.
31 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
MAY 21, 2024
On a motion by Councilmember McCorriston, seconded by Vice Mayor Hu, and by unanimous vote, the City Council adopted the Consent Calendar, except for items 5.2, 5.3 and 5.6.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Michael McCorriston, Councilmember
SECOND: Dr. Sherry Hu, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri

5.2) Received the City Treasurer's Informational Report of Investments for the Quarter Ending March 31, 2024.

This item was pulled from the Consent Calendar by Councilmember Qaadri for clarifying questions.

5.6) Confirmed the Mayor’s appointments to the Youth Advisory Committee and the Student Representative to the Parks and Community Services Commission for the 2024-25 term.

This item was pulled from the Consent Calendar by Mayor Hernandez for further discussion.

By consensus, the City Council directed Staff to work with the Youth Advisory Committee to discuss options for the structure of the Committee.

On a motion by Councilmember Josey and seconded by Vice Mayor Hu, and by unanimous vote, the City Council adopted Consent Calendar items 5.2 and 5.6.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Dr. Sherry Hu, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri

5.3) Waived the reading and introduced the Ordinance Rescinding and Replacing Ordinance No. 6-82 Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council.

This item was pulled from the Consent Calendar by Vice Mayor Hu for a separate vote.

On a motion by Councilmember Josey and seconded by Vice Mayor Hu, and by a 3-to-2 vote, the City Council adopted Consent Calendar item 5.3.
32 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
MAY 21, 2024
RESULT: ADOPTED [3-to-2]
MOVED BY: Jean Josey, Councilmember
SECOND: Dr. Sherry Hu, Vice Mayor
AYES: Hernandez, Josey, Qaadri
NOES: McCorriston, Hu
6) PUBLIC HEARING

6.1) Inclusion of a Community Facilities District Financing Option in the City of Dublin’s Participation in the California Statewide Community Infrastructure Program (SCIP)
Mayor Hernandez stated this item would be continued to a date uncertain. 7) UNFINISHED BUSINESS

7.1) Economic Development Strategy Framework
The City Council received a presentation on the framework for the update to the Economic Development Strategy and Economic Development Element to the General Plan.

Mayor Hernandez opened the public comment period.

Upon receiving no public comment, Mayor Hernandez closed the public comment period.

By consensus, City Council directed Staff to provide an informational report in the future regarding programs to reduce vacancies within the City. 8) NEW BUSINESS

8.1) Report on Affordable Housing Fund Balance
The City Council received a presentation on the Affordable Housing Fund balance.

Mayor Hernandez opened the public comment period.

Upon receiving no public comment, Mayor Hernandez closed the public comment period.

Mayor Hernandez called for a break at 9:37 PM.

Mayor Hernandez reconvened the meeting at 9:40 PM.

By consensus, the City Council directed Staff to bring an item to a future meeting to consider providing $5 million from the Affordable Housing Fund for Sunflower Hill at The DC. 33 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
MAY 21, 2024
9) CITY MANAGER AND CITY COUNCIL REPORTS
The City Council and Staff provided brief information-only reports, including committee reports and reports related to meetings attended at City expense (AB1234).

By consensus, the City Council directed Staff to schedule a presentation from Visit Tri-Valley for a future meeting.
10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 9:53 PM.

Mayor
ATTEST:

City Clerk
34 STAFF REPORT

CITY COUNCIL

Page 1 of 4 ends

Agenda Item 5.2
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendments to Agreements for Consulting Services and Contractor Services with Cascadia Consulting, Guida (formerly Guida Surveying, Inc.), KimleyHorn & Associates Inc., Kittelson & Associates, Inc., Lynx Technologies, Pakpour Consulting Group, Inc., and Tri-Valley Janitorial Service & Supply, Inc.

Prepared by: Julius Pickney, Management Analyst II
EXECUTIVE SUMMARY:

STAFF RECOMMENDATION:

Page 2 of 4 ends

FINANCIAL IMPACT:

The cost of these services will be charged to the Public Works Department in accordance with the adopted annual operating budget, Capital Improvement Program project budgets, and developer deposit accounts.

DESCRIPTION:

The Public Works Department utilizes consultants and contractors on Capital Improvement Program (CIP) Projects, private development projects, and City operations and maintenance programs. Services provided assist Staff in specific areas of technical, operational, and maintenance services. Consultants and contractors are solicited through open and competitive request for proposals (RFP) or request for qualifications (RFQ) processes.

The City Council adopted Resolutions and authorized entering into agreements with the following consultant and contractor firms, as follows:

Consultant/Contractor Agreement
Date
Amendment Date Resolution
Number(s)
Cascadia Consulting Group, Inc. June 2, 2021 April 5, 2022 54-21, 24-22 Guida (formerly Guida Surveying,
Inc.)
July 1, 2021 n/a 77-21
Kimley-Horn & Associates, Inc.* July 1, 2021 n/a 73-21,75-21, 78- 21 Kittelson & Associates, Inc. July 1, 2021 n/a 78-21
Lynx Technologies July 1, 2021 April 18, 2023 53-21, 30-23 Pakpour Consulting Group, Inc*. July 1, 2021 December 16, 2021 72-21, 73-21 Tri-Valley Janitorial Service &
Supply, Inc.

April 20, 2021 n/a 30-21
* NOTE: Kimley-Horn & Associates Inc. and Pakpour Consulting Group, Inc. provided qualifications in multiple on-call consulting services categories. Agreements with these firms were approved via separate resolutions specific to those consulting services categories on July 1, 2021.

The agreements listed above will expire on June 30, 2024. Staff recommends that City Council approve amendments to extend the term of services through June 1, 2026 for Cascadia Consulting Group, Inc., and through June 30, 2026 for the remaining consultant and contractor firms. In order to pay for services provided through the term extensions, Staff also recommends the agreement amendments include increases to the not-to-exceed compensation limit for each firm as shown in the table below.
36

Page 3 of 4 ends

Consultant/Contractor
Current
Compensation Limit
Proposed
Compensation Limit
Cascadia Consulting Group, Inc. $407,610 $607,610
Guida (formerly Guida Surveying, Inc.) $100,000 $200,000 Kimley-Horn & Associates, Inc. $2,000,000 $2,500,000
Kittelson & Associates, Inc. $500,000 $1,000,000
Lynx Technologies $357,000 $467,000
Pakpour Consulting Group, Inc. $2,000,000 $3,000,000
Tri-Valley Janitorial Service & Supply, Inc. $2,397,977 $4,302,220* * Rounded to nearest dollar.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving Amendment #2 to the Contractor Services Agreement with Cascadia Consulting Group, Inc. for Senate Bill 1383 Implementation Assistance 2) Exhibit A to the Resolution – Amendment #2 to the Contractor Services Agreement with Cascadia Consulting Group, Inc.
3) Contractor Services Agreement and Amendment #1 with Cascadia Consulting Group, Inc. for Senate Bill 1383 Implementation Assistance
4) Resolution Approving Amendment #1 to the Consulting Services Agreement with Guida (Formerly Guida Surveying, Inc.) for Surveying Services 5) Exhibit A to the Resolution – Amendment #1 to the Consulting Services Agreement with Guida
6) Consulting Services Agreement with Guida Surveying, Inc. for On-call Surveying Services 7) Resolution Approving Amendment #1 to the Consulting Services Agreement with KimleyHorn & Associates, Inc. for Development Review, Intelligent Transportation Systems, and Transportation Planning and Engineering
8) Exhibit A to the Resolution – Amendment #1 to the Consulting Services Agreement with Kimley-Horn and Associates, Inc.
9) Consulting Services Agreement with Kimley-Horn and Associates, Inc. for On-call Development Review, Intelligent Transportation Systems, and Transportation Planning and Engineering
10) Resolution Approving Amendment #1 to the Consulting Services Agreement with Kittelson & Associates, Inc. for Transportation Planning and Engineering Services 11) Exhibit A to the Resolution – Amendment #1 to the Consulting Services Agreement with Kittelson & Associates, Inc.
37

Page 4 of 4 ends

12) Consulting Services Agreement with Kittelson & Associates, Inc. for On-call Transportation Planning and Engineering Services
13) Resolution Approving Amendment #2 to the Consulting Services Agreement with Lynx Technologies, Inc. for GIS Consulting Services
14) Exhibit A to the Resolution – Amendment #2 to the Consulting Services Agreement with Lynx Technologies, Inc.
15) Consulting Services Agreement with Lynx Technologies, Inc. for GIS Consulting Services 16) Resolution Approving Amendment #2 to the Consulting Services Agreement with Pakpour Consulting Group, Inc. for Development Review and Construction Management and Inspection Services
17) Exhibit A to the Resolution – Amendment #2 to the Consulting Services Agreement with Pakpour Consulting Group, Inc.
18) Consulting Services Agreement and Amendment #1 with Pakpour Consulting Group, Inc. for On-call Development Review and Construction Management and Inspection 19) Resolution Approving Amendment #1 to the Contractor Services Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies 20) Exhibit A to the Resolution – Amendment #1 to the Contractor Services Agreement with TriValley Janitorial Service & Supply, Inc. 21) Contractor Services Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies
38 Attachment 1
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENT #2 TO THE CONTRACTOR SERVICES AGREEMENT WITH CASCADIA CONSULTING GROUP, INC. FOR SENATE BILL 1383 IMPLEMENTATION

ASSISTANCE
WHEREAS, on June 1, 2021, the City Council adopted Resolution No. 54-21 approving a Contractor Services Agreement with Cascadia Consulting Group, Inc. for Senate Bill (SB) 1383 implementation assistance; and
WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 24-22 approving Amendment #1 to a Contractor Services Agreement with Cascadia Consulting Group, Inc. for SB 1383 implementation assistance to increase the scope of work and increase the compensation; and
WHEREAS, the City and Contractor mutually desire to amend the Agreement to extend the term and increase the compensation amount.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve Amendment #2 with Cascadia Consulting Group, Inc.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment to the agreement, attached hereto as Exhibit A, and make any necessary, nonsubstantive changes to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
39

Page 1 of 3 ends

AMENDMENT #2 TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND CASCADIA CONSULTING GROUP, INC.

WHEREAS, on June 2, 2021, the City of Dublin (hereinafter referred to as "CITY") and Cascadia Consulting Group, Inc. (hereinafter referred to as " CONTRACTOR ") entered into a Contractor Services Agreement for SB1383 Implementation Assistance (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, on April 5, 2022, the City Council adopted Resolution 24-22 approving Amendment No. 1 to the Contractor Services Agreement for SB 1383 Implementation Assistance; and
WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and WHEREAS, the CITY and CONTRACTOR now wish to amend the Agreement to extend the term through June 1, 2026 by modifying section 1.1 of the Agreement, and to increase the not to exceed compensation amount to $607,610 by modifying Section 2 of the Agreement; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the
AGREEMENT to update the compensation schedule by modifying Exhibit B of the AGREEMENT.

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:

Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 1, 2026, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.

The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.

Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following:

Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $607,610, notwithstanding any contrary indications that may be contained in the Contractor’s proposal, for services to be performed and reimbursable costs Attachment 2
40

Page 2 of 3 ends

incurred under his Agreement. In the event of a conflict between this Agreement and the Contractor’s proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person. 3) Revised Exhibit B (Compensation Schedule & Reimbursable Expenses) of the AGREEMENT is amended per the attached.
4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
6) The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment.

SIGNATURES ON THE FOLLOWING PAGE
41

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date of the City Manager’s signature below.

CITY OF DUBLIN CASCADIA CONSULTING GROUP, INC.

By: _____________________________ By: _____________________________ Linda Smith D’Ambrosio, City Manager Stephanie Thomas, Co-president Dated:

ATTEST:

By: _____
Marsha Moore, City Clerk

APPROVED AS TO FORM:

By: _____________________________
City Attorney

DocuSign Envelope ID: CB232FFE-C60F-4953-A43B-142382D6EE5C 42

Page 1 of 1 ends

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Consultant shall provide the services at the hourly rates shown in the table below. A new fee schedule is issued at the beginning of each year, as approved by the City.

Position Title 2024-25FY
Strategic Advisor I $255
Strategic Advisor II $260
Strategic Advisor III $295
Project Manager I $220
Project Manager II $235
Outreach Specialist I $150
Outreach Specialist II $155
Outreach Specialist III $180
Outreach Lead $210
Graphic Design I $135
Graphic Design II $155
Graphic Design III $165
Graphic Design Lead $275
Data Analyst I $155
Data Analyst II $175
Data Analyst III $200
Data Analyst Lead $220
Survey Lead $180
Standard charges for common reimbursable direct expenses are as follows:

Automobile Travel – Prevailing IRS mileage rate
*Mileage fees are based on the round-trip distance from the point of origin. *Reimbursable expenditures shall be itemized and provided as part of submitted invoices. .

DocuSign Envelope ID: CB232FFE-C60F-4953-A43B-142382D6EE5C 43 CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
CASCADIA CONSULTING GROUP, INC.

THIS AGREEMENT for contract services is made by and between the City of Dublin (" City") and Cascadia Consulting Group, Inc. (" Contractor") ( together sometimes referred to as the "Parties") as of June 2, 2021 ( the " Effective Date").

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1. 1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024 the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City' s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8.

1. 2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.

1. 3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1. 4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1. 2 above and to satisfy Contractor's obligations hereunder.

1. 5 [ Intentionally Deleted]

1. 6 [ Intentionally Deleted]
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $ 276, 390, notwithstanding any contrary indications that may be contained in Contractor' s proposal, for services to be Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 1 of 15 Attachment 3
44 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor' s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/ or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2. 1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2, 000 hours in a fiscal year unless approved, in writing, by the City Manager or his/ her designee. Invoices shall contain the following information:

Serial identifications of progress bills; i. e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o
If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
The Contractor' s signature;
Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 2 of 15 45 Contractor reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

2. 2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

2. 3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2. 4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2. 5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2. 6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2. 7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2. 8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.

2. 9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 3 of 15 46 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

3. 1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.

Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.

The services of the City in conducting review and inspection of Contractor' s performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.

All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration ( OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.

Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.

In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.

Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.

CONTRACTOR IS ADVISED THAT CITY' S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 4 of 15 47 SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.

Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.

City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project' s safety engineer.

Contractor shall bear all costs in connection with meeting the requirements of this section.

Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.

Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor' s bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor( s) and provided evidence to City that such insurance is in effect.

VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

4. 1 Workers' Compensation.

4. 1. 1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than $ 1, 000,000 per accident. In the alternative, Contractor may rely on a selfinsurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 5 of 15 48 The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

4. 1. 2 Submittal Requirements. To comply with Subsection 4. 1, Contractor shall submit the following:

Certificate of Workers' Compensation Insurance in the amounts specified in the section; and
Waiver of Subrogation Endorsement as required by the section.

4. 2 Commercial General and Automobile Liability Insurance.

4. 2. 1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $ 2, 000, 000 and automobile liability insurance for the term of this Agreement in an amount not less than $ 2, 000, 000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.

4. 2. 2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( most recent edition) covering comprehensive General Liability on an occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 ( any auto). No endorsement shall be attached limiting the coverage.

4. 2. 3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

The Insurance shall cover on an occurrence or an accident basis, and not on a claims - made basis.

City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 6 of 15 49 C. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

For any claims related to this Agreement or the work hereunder, the Contractor' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor' s insurance and shall not contribute with it.

4. 2. 4 Submittal Requirements. To comply with Subsection 4. 2, Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; Additional Insured Endorsement as required by the section; C. Waiver of Subrogation Endorsement as required by the section; and Primary Insurance Endorsement as required by the section.

4. 3 All Policies Requirements.

4. 3. 1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL

4. 3. 2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor' s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4. 3. 3 Deductibles and Self -Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 7 of 15 50 4. 3.4 Wasting Policies. No policy required by this Section 4 shall include a " wasting" policy limit (i. e. limit that is eroded by the cost of defense).

4. 3. 5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

4. 3. 6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor' s breach:

Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/ or Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONTRACTOR' S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs ( including without limitation, attorney' s fees and costs and fees of litigation) ( collectively, Liability") of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

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

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 8 of 15 51 Notwithstanding the forgoing, to the extent this Agreement is a " construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONTRACTOR.

6. 1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor' s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1. 3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City' s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ( PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/ or employee contributions for PERS benefits.

6. 2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7. 1 Governing Law. The laws of the State of California shall govern this Agreement.

7. 2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 9 of 15 52 7. 3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7. 5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person' s race, sex, gender, religion ( including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/ veteran status, or any other classification protected by applicable local, state, or federal laws ( each a " Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8. 1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.

Contractor may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.

8. 2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1. 1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 10 of 15 53 Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

8. 3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8. 4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor' s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.

Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8. 5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8. 6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City' s remedies shall include, but not be limited to, the following:

8. 6. 1 Immediately terminate the Agreement;

8. 6. 2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;

8. 6. 3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or

8. 6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9. 1 Records Created as Part of Contractor' s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 11 of 15 54 above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

9. 2 Contractor' s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

9. 3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/ or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $ 10, 000. 00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10. 1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10. 2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10. 3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10. 4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10. 5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 12 of 15 55 10. 6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a " conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.

Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

10. 7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10. 8 Contract Administration. This Agreement shall be administered by the City Manager Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10. 9 Notices. Any written notice to Contractor shall be sent to:

Cascadia Consulting Group
Att: Julie Bryant, Director
315 Washington St
Oakland, CA 94607
Any written notice to City shall be sent to:

City of Dublin
Att: Michelle Sung, Environmental Technician
100 Civic Plaza
Dublin, CA 94568

10. 10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 13 of 15 56 Exhibit A Scope of Services
Exhibit B Compensation Schedule

10. 11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10. 12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($ 1, 000, 000. 00) or more, by Contractor' s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision ( b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision ( a) of Section 2202. 5, or as a person described in subdivision ( b) of Section 2202. 5 of the California Public Contract Code, as applicable.

SIGNATURES ON FOLLOWING PAGE
Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 14 of 15 57 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY
D

OF DUBLIN
Linda Smith, City Manager
11 t
Signed by:
ot/ l&- 0- RM
Marsha Moore, City Clerk
Approved as to Form:

LDocuSigned
by:
64r v' bis6r %r
City Attorney
3070365. 1
Cascadia Consulting Group
LDocuSigned
by:

A' bv Au
Julie Bryant, Director
Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 15 of 15 58 EXHIBIT A

SCOPE OF SERVICES
The Contractor will be required to deliver technical assistance to businesses, multifamily properties, and edible food generators in Dublin to ensure compliance with SB 1383. The Contractor will be required to conduct the following tasks on an ongoing basis.

Tasks:

1. Conduct waste assessments to identify businesses and/ or multifamily properties that are eligible to receive SB 1383 De Minimis Waivers. Coordinate with Amador Valley Industries ( AVI) on planned activities.

2. In coordination with City staff, develop and implement an outreach plan for businesses, singlefamily homeowners, and multifamily properties on SB 1383 requirements. Contractor will also coordinate with AVI on planned activities, work with customers to implement new compost programs, provide cost analyses, education and outreach, and coordinate with AVI as needed to implement service level changes.

3. Conduct outreach to Tier 1 and Tier 2 commercial edible food generators to convey SB 1383 requirements, support set up of edible food donation programs, and confirm written agreements are in place with food recovery organizations, if any.

4. Conduct an analysis and provide a plan to help the City identify SB 1383 procurement options.

The analysis shall include an estimate of compost/mulch quantities that could be applied to parks, open space, right- of-way, and other City owned property and shall also consider other options that would satisfy the procurement requirement ( e. g. partnering with direct service providers and/ or special districts).

5. Provide a report on potential SB 1383 data tracking and management options, including proprietary and non- proprietary database and reporting systems.

6. As necessary and as directed by City staff: Conduct lid lift assessments to identify contamination in organics and recycling streams, address contamination by providing technical assistance.

7. As necessary and as directed by City staff: Conduct lid lift assessments to identify target materials ( organics and/ or recyclables) in the garbage. Identify opportunities to reduce target materials from garbage stream by recommending service level changes, providing cost analyses, and coordinating with AVI to implement changes as needed.

8. Track activities and progress towards objectives.

9. Assist with other SB 1383 related items as needed.

Deliverables
At minimum, deliverables for this project shall include one- time and Quarterly Reports that include the following:

1. Community outreach plan for SB 1383 compliance.

2. Compost procurement options report.

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc. Exhibit A — Page 1 of 2 59 3. Database tracking and management report.

4. Activity tracking for outreach and recommendations provided to businesses and multifamily properties.

5. Documentation of businesses or multifamily properties that qualify for De Minimis waivers including location, date of assessment, and name of generator that qualifies for waiver.

6. Documentation of outreach provided to edible food generators, and list of generators that have contracts with food recovery organizations.

Contingency
This contract includes a contingency amount of $ 75,000 which may only be expended upon written pre - verification approval by the City for lid lift assessments and/ or other SB 1383 related items that will be conducted as necessary and as directed by City staff. Because the City has not yet engaged in contract negotiations with AVI for SB 1383 implementation, it has not yet been determined if AVI or the Contractor will conduct lid lift assessments or if other SB 1383 activities will be required of the Contractor.

Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc. Exhibit A — Page 2 of 2 60 EXHIBIT B

COMPENSATION SCHEDULE
MMM- R
Julie Bryant, Principal - in -Charge
Hourly Rate
225
Angela Pan, Project Manager 150
Terry Ng, Outreach Lead 100
Maddie Seibert, Edible Food Generator Outreach Lead 120 Jennifer de Graaf, Organic Waste Procurement & MWELO Advisor 150 Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc. Exhibit B — Page 1 of 1 61

Page 1 of 3 ends

AMENDMENT # 1 TO CONTRACTOR SERVICES AGREEMENT

BETWEEN THE CITY OF DUBLIN AND
CASCADIA CONSULTING GROUP, INC.

WHEREAS, on June 2, 2021, the City of Dublin ( hereinafter referred to as CITY") and Cascadia Consulting Group, Inc. (hereinafter referred to as " CONTRACTOR ") entered into a Contractor Services Agreement for SB 1383 Implementation Assistance hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the CONTRACTOR continues to complete scope of work in the existing AGREEMENT; and
WHEREAS, the CITY and CONTRACTOR mutually desire to amend the AGREEMENT to add scope of work as described in Exhibit A and increase compensation.

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1 shall be rescinded in its entirety and replaced with the following:

SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as revised Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
2) Section 2 shall be rescinded in its entirety and replaced with the following:

COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed 407,610, notwithstanding any contrary indications that may be contained in Contractor’ s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’ s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’ s estimated costs of 62

Page 2 of 3 ends

providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached.
4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
6) The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.

SIGNATURES ON THE FOLLOWING PAGE
63

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’ s signature below.

CITY OF DUBLIN CASCADIA CONSULTING GROUP, INC
By: _____________________________ By: _____________________________ Linda Smith, City Manager Julie Bryant, Director
Dated:

ATTEST:

By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:

By: _____________________________
City Attorney
4/ 14/ 2022
64 EXHIBIT A

Tasks:

1. Conduct waste assessments to identify businesses and/or multifamily properties that are eligible to receive SB 1383 De Minimis Waivers. Coordinate with Amador Valley Industries ( AVI) on planned activities.

2. In coordination with City staff, develop and implement an outreach plan for businesses, single-family homeowners, and multifamily properties on SB 1383 requirements. Contractor will also coordinate with AVI on planned activities, work with customers to implement new compost programs, provide cost analyses, education and outreach, and coordinate with AVI as needed to implement service level changes.

4. Conduct an analysis and provide a plan to help the City identify SB 1383 procurement options. The analysis shall include an estimate of compost/ mulch quantities that could be applied to parks, open space, right-of-way, and other City owned property and shall also consider other options that would satisfy the procurement requirement ( e.g. partnering with direct service providers and/or special districts).

5. Provide a report on potential SB 1383 data tracking and management options, including proprietary and non-proprietary database and reporting systems.

6. SB 1383 Route Review. Conduct lid lift assessments to identify contamination in containers randomly selected on all hauler routes. Contractor shall coordinate with the City to randomly select customers for monitoring. Contractor shall design educational cart tags for placement on the cart during route review. Upon finding prohibited contaminants, an educational tag shall be left on the container notifying the generator. If prohibited contaminants are not noted, a tag shall be left on the container notifying the generator that they are sorting properly. Route review data shall be tracked in a database selected by the City. Contractor shall coordinate with the City’s franchised waste hauler to minimize disruption to normal waste collection activities and route review results shall also be shared.

7. Track activities and progress towards objectives.

8. Assist with other SB 1383 related items as needed.
65 Deliverables
At minimum, deliverables for this project shall include one-time and Quarterly Reports that include the following:

1. Community outreach plan for SB 1383 compliance.

2. Compost procurement options report.

3. Database tracking and management report.

4. Activity tracking for outreach and recommendations provided to businesses and multifamily properties.

5. Documentation of businesses or multifamily properties that qualify for De Minimis waivers including location, date of assessment, and name of generator that qualifies for waiver.

6. Documentation of outreach provided to edible food generators, and list of generators that have contracts with food recovery organizations.
66 Attachment 4
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE CONSULTING SERVICES AGREEMENT WITH GUIDA (FORMERLY GUIDA SURVEYING, INC.) FOR SURVEYING SERVICES WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 77-21 approving an Agreement for On-Call Surveying Services with Guida Surveying, Inc. for a not-to-exceed amount of $100,000 over a three-year term; and
WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend the term and increase the compensation amount.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve Amendment #1 with Guida (formerly Guida Surveying, Inc.).

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
67

Page 1 of 3 ends

AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF DUBLIN AND GUIDA
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as "CITY") and GUIDA (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for On-Call Surveying Services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to increase the not to exceed compensation amount to $200,000 by modifying Section 2 of the Agreement.

Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following:

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $200,000, notwithstanding any contrary indications that may be contained in the Consultant’s proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Attachment 5
68

Page 2 of 3 ends

3) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.

SIGNATURES ON THE FOLLOWING PAGE
69

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below.

CITY OF DUBLIN GUIDA
By: _____________________________ By: _____________________________ Linda Smith D’Ambrosio, City Manager Bernie McInally, PLS, Executive Vice President
Dated:

ATTEST: By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:

By: _____________________________
City Attorney
70 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
GUIDA SURVEYING, INC.

FOR

ON - CALL SURVEYING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (" City") and Guida Surveying, Inc. (" Consultant") ( together sometimes referred to as the " Parties") as of July 1, 2021 the " Effective Date").

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1. 1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City' s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City' s right to terminate the Agreement as provided for in Section 8.

1. 2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1. 3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1. 4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1. 2 above and to satisfy Consultant' s obligations hereunder.

1. 5 Public Works Requirements. Because the services described in Exhibit A include " work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work," the services constitute a public works Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 1 of 15 Attachment 6
71 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA within the definition of Section 1720( a)( 1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit D.

1. 6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771. 1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725. 5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029. 1 of the Business and Professions Code or by Section 10164 or 20103. 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725. 5. Consultant agrees, in accordance with Section 1771. 4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $ 100, 000 notwithstanding any contrary indications that may be contained in Consultant' s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant' s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/ or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2. 1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2, 000 hours in a fiscal year unless approved, in writing, by the City Manager or his/ her designee. Invoices shall contain the following information:

Serial identifications of progress bills; i. e., Progress Bill No. 1 for the first invoice, etc.; Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 2 of 15 72 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o
If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant' s signature;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2. 4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 3 of 15 73 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2. 5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2. 7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2. 8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2. 9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant' s bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 4 of 15 74 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4. 1 Workers' Compensation.

4. 1. 1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than $ 1, 000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.

4. 1. 2 Submittal Requirements. To comply with Subsection 4. 1, Consultant shall submit the following:

Certificate of Liability Insurance in the amounts specified in the section; and
Waiver of Subrogation Endorsement as required by the section.

4. 2 Commercial General and Automobile Liability Insurance.

4. 2. 1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $ 1, 000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $ 1, 000, 000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.

Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 5 of 15 75 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA

4. 2. 3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

The Insurance shall cover on an occurrence or an accident basis, and not on a claims - made basis.

City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.

C. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.

For any claims related to this Agreement or the work hereunder, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.

4. 2. 4 Submittal Requirements. To comply with Subsection 4. 2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; C. Waiver of Subrogation Endorsement as required by the section; and Primary Insurance Endorsement as required by the section.

4. 3 Professional Liability Insurance.

4. 3. 1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 6 of 15 76 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA not less than $ 2, 000, 000 covering the licensed professionals' errors and omissions. Any deductible or self -insured retention shall not exceed $ 150, 000 per claim.

4. 3. 2 Claims -Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form:

The retroactive date of the policy must be shown and must be before the date of the Agreement.

Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement.

A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4. 3. 3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.

4. 3.4 Submittal Requirements. To comply with Subsection 4. 3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.

4.4 All Policies Requirements.

4.4. 1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL

4.4. 2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4. 3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 7 of 15 77 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a " wasting" policy limit (i. e. limit that is eroded by the cost of defense).

4.4. 5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

4.4. 6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4. 5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant' s breach:

Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/ or Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT' S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement.

Section 6. STATUS OF CONSULTANT.

6. 1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant' s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1. 3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City' s business; and is Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 8 of 15 78 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ( PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/ or employee contributions for PERS benefits.

Section 7. LEGAL REQUIREMENTS.

7. 1 Governing Law. The laws of the State of California shall govern this Agreement.

7. 2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's failure to comply with any law(s) or regulation( s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7. 3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7. 5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person' s race, sex, gender, religion ( including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition including cancer and genetic characteristics), marital status, age, sexual orientation, color, Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 9 of 15 79 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/ veteran status, or any other classification protected by applicable local, state, or federal laws ( each a " Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8. 1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8. 2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1. 1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8. 3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant' s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 10 of 15 80 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA

8. 5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8. 6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City' s remedies shall include, but are not limited to, the following:

8. 6. 1 Immediately terminate the Agreement;

8. 6. 2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8. 6. 3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8. 6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9. 1 Records Created as Part of Consultant' s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

9. 2 Consultant' s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9. 3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/ or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds $ 10, 000. 00, the Agreement shall be subject to Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 11 of 15 81 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10. 5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10. 6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10. 7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a " conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 12 of 15 82 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

10. 8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10. 9 Contract Administration. This Agreement shall be administered by the City Manager Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10. 10 Notices. Any written notice to Consultant shall be sent to:

Guida Surveying, Inc.

Attn: Eric Low, PLS, Project Manager
4695 Chabot Drive, Suite 115
Pleasanton, CA 94588
Any written notice to City shall be sent to:

City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568

10. 11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, C, and D represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 13 of 15 83 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA

10. 12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10. 13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($ 1, 000, 000. 00) or more, by Consultant' s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision ( b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision ( a) of Section 2202. 5, or as a person described in subdivision ( b) of Section 2202. 5 of the California Public Contract Code, as applicable.

SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 14 of 15 84 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN
Docu
d283ffiftft,4t9ty Manager
Attest:

DocuSigned by:

WY1M L-)
P tt1P City Clerk
Approved as to Form:
5 D ocuSigned by:
6L In, fjis6 r
F
rffdf484...
3070368. 1
Guida Surveying, Inc.

DocuSigned by:
i4 illifjr PLS, Executive Vice President
Consultant' s DIR Registration Number
if applicable)
Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Page 15 of 15 85 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA

EXHIBIT A

SCOPE OF SERVICES
Surveying
Provide staff augmentation services.

Review parcel maps, final maps, lot mergers, lot line adjustments, and plat maps and legal descriptions for technical accuracy, including review of boundary, cover sheet certificates, closure calculations, monuments, easements and cross-referencing improvement plans in accordance with the Subdivision Map Act, City Subdivision Ordinance, and surveying standards of practice.

Provide a licensed land surveyor and/ or civil engineer to sign and approve parcel and final maps for technical correctness on behalf of the City as Acting City Surveyor or Acting Assistant City Engineer.

Prepare plat maps and legal descriptions for acquisition areas.

Conduct topographic surveys, process field data, and produce topographic maps.

GPS data collection, inventory management, and GIS integration.

Research record documentation defining existing right- of-way. Prepare right- of-way maps.

Calculate record locations of pertinent boundary monumentation for use in field survey work.

Conduct field right-of-way surveys to locate boundary evidence.

Perform boundary analysis based on record and field data.

Perform topographic surveys for the design of capital projects.

Perform construction staking surveys.

Conduct monument verifications.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Exhibit A — Page 1 of 1 86 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES

HOURLY RATES
Rates effective July 1, 2021 through June 30, 2022)

LABOR DESCRIPTION RATE
Principal 250. 00
Project Manager 200. 00
Project Surveyor 175. 00
Survey Analyst 150. 00
Survey Technician 125. 00
Project Coordinator 95. 00
Field Survey Rates by Prevailing Wage Classification*
1- Person Survey Crew 175. 00
2- Person Survey Crew 275. 00
3- Person Survey Crew 370. 00
1-, 2-, and 3-person survey crews are inclusive of survey vehicles, conventional and GPS survey equipment, and associated survey tools, safety equipment, etc.

MINIMUM HOURLY CHARGE ( PREVAILINGWAGEONLr
Office classifications will be billed based on the hours worked, no minimum hourly charge. Field classifications will be billed on an hourly basis with a minimum of 4, 6, and 8 hours in accordance with prevailing wage requirements.

ESCALATION
Rates shall remain fixed through June 30, 2022. Escalation of rates will begin on July 1, 2021 and escalate on July 1It each year thereafter. Escalation will be based upon the San Francisco Bay Area Consumer Price Index.

OVERTIME
Straight time will be billed for all work performed on -site up to 8 hours each day, Monday through Friday. Overtime will begin after 8 hours, Monday through Friday and on Saturdays. Double time will begin after 12 hours and on Sundays and holidays.

The overtime/ double labor rates will include:

Overtime ( on -site over 8 hours Mon -Fri and Sat)
Sundays and Holidays
Nighttime Non -Overtime

OTHER DIRECT COSTS

1. 5 times the hourly base rate

2. 0 times the hourly base rate

1. 5 times the hourly base rate
Reimbursable costs for project specific items including but not limited to utility and agency research fees, permits, title company fees, County checking fees, etc., shall be billed at cost.

Mileage will be billed at the approved IRS rate.

Subconsultant fees shall be billed at cost plus 10%.

Expenses for any special equipment and/or requests shall be at the approval of the client and billed at cost.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Exhibit B — Page 1 of 1 87 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA

EXHIBIT C

INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782. 8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant' s work under this Agreement.

B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City ( including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant' s proportionate percentage fault.

C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Exhibit C — Page 1 of 1 88 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA

EXHIBIT D

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one - and -one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Exhibit D — Page 1 of 3 89 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777. 5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor' s certified payroll records.

3. Upon becoming aware of a subcontractor' s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer' s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777. 5 governing employment and payment of apprentices on public works contracts.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Exhibit D — Page 2 of 3 90 DocuSign Envelope ID: AED7E013- 8E9E- 422C- AAB4- 89B76135BAFA E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation ( except executive, supervisory, administrative, clerical, or other non -manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Guida Surveying, Inc. for On -Call Surveying Services Exhibit D — Page 3 of 3 91 Attachment 7
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE CONSULTING SERVICES AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC. FOR DEVELOPMENT REVIEW, INTELLIGENT

TRANSPORTATION SYSTEMS, AND TRANSPORTATION PLANNING AND ENGINEERING

SERVICES
WHEREAS, on June 15, 2021, the City Council adopted Resolution Numbers 73-21, 75- 21, and 78-21 approving an Agreement for On-Call Development Review Services, Intelligent Transportation Systems Services, and Transportation Planning and Engineering Services with Kimley-Horn and Associates, Inc. for a not-to-exceed amount of $2,000,000 over a three-year term; and
WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend the term and increase the compensation amount.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve Amendment #1 with Kimley-Horn & Associates, Inc.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
92

Page 1 of 3 ends

AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND KIMLEY-HORN AND ASSOCIATES, INC.

WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as "CITY") and Kimley-Horn and Associates, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for On-Call Development Review, On-Call Intelligent Transportation Systems and On-Call Transportation Planning and Engineering(hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to increase the not to exceed compensation amount to $2,500,000 by modifying Section 2 of the Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,500,000, notwithstanding any contrary indications that may be contained in the Consultant’s proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Attachment 8
93

Page 2 of 3 ends

SIGNATURES ON THE FOLLOWING PAGE
94

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below.

CITY OF DUBLIN KIMLEY-HORN AND ASSOCIATES, INC.

By: _____________________________ By: _____________________________ Linda Smith D’Ambrosio, City Manager Brian Sowers, Sr. Vice President Dated:

ATTEST:

By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:

By: _____________________________
City Attorney
95 CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
KIMLEY- HORN AND ASSOCIATES, INC.

FOR

ON -CALL DEVELOPMENT REVIEW,

ON - CALL INTELLIGENT TRANSPORTATION SYSTEMS, AND

ON - CALL TRANSPORATION PLANNING AND ENGINEERING
THIS AGREEMENT for consulting services is made by and between the City of Dublin (" City") and Kimley- Horn and Associates, Inc. (" Consultant") ( together sometimes referred to as the "Parties") as of July 1, 2021 ( the " Effective Date").

1. 5 [ Reserved
Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 1 of 14 Attachment 9
96 1. 6 [ Reserved
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $ 1, 000,000 for Development Review, $ 500, 000 for Intelligent Transportation Systems services, and $ 500, 000 for Transportation Planning and Engineering, for a total of $2, 000,000, notwithstanding any contrary indications that may be contained in Consultant' s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant' s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Serial identifications of progress bills; i. e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o
If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 2 of 14 97 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant' s signature;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2. 5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2. 7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2. 8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 3 of 14 98 outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant' s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities.

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4. 1 Workers' Compensation.

4. 1. 1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $ 1, 000, 000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 4 of 14 99 the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.

4. 1. 2 Submittal Requirements. To comply with Subsection 4. 1, Consultant shall submit the following:

Certificate of Liability Insurance in the amounts specified in the section; and
Waiver of Subrogation Endorsement as required by the section.

4. 2 Commercial General and Automobile Liability Insurance.

4. 2. 1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $ 1, 000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $ 1, 000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.

4. 2. 3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

The Insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis.

City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 5 of 14 100
performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.

C. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.

For any claims related to this Agreement or the work hereunder, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.

4. 2. 4 Submittal Requirements. To comply with Subsection 4. 2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.

4. 3 Professional Liability Insurance.

4. 3. 1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2, 000,000 covering the licensed professionals' errors and omissions. Any deductible or self -insured retention shall not exceed $ 150, 000 per claim.

4. 3. 2 Claims -Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form:

The retroactive date of the policy must be shown and must be before the date of the Agreement.

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.

Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 6 of 14 101
C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement.

A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4. 3. 3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.

4. 3.4 Submittal Requirements. To comply with Subsection 4. 3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.

4.4 All Policies Requirements.

4.4. 1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4. 2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant' s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4. 3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a " wasting" policy limit ( i. e. limit that is eroded by the cost of defense).

Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 7 of 14 102

Section 5. INDEMNIFICATION AND CONSULTANT' S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement.

Section 6. STATUS OF CONSULTANT.

6. 1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1. 3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ( PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/ or employee contributions for PERS benefits.

6. 2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 8 of 14 103
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7. 1 Governing Law. The laws of the State of California shall govern this Agreement.

7. 2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant' s failure to comply with any law( s) or regulation( s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7. 5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person' s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws ( each a " Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8. 1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 9 of 14 104
Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

8. 2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1. 1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8. 3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8. 4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant' s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

8. 6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City' s remedies shall include, but are not limited to, the following:

8. 6. 1 Immediately terminate the Agreement;

8. 6. 2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8. 6. 3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 10 of 14 105

Section 9. KEEPING AND STATUS OF RECORDS.

9. 3 Inspection and Audit of Records. Any records or documents that Subsection 9. 2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/ or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $ 10, 000. 00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10. 2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 11 of 14 106
state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10. 5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

At City' s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant' s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 12 of 14 107
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.

10. 8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10. 10 Notices. Any written notice to Consultant shall be sent to:

Kimley- Horn and Associates, Inc.

Brian Sowers, Sr. Vice President
4637 Chabot Drive, Suite 300
Pleasanton, CA 94588
Any written notice to City shall be sent to:

City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568

10. 11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification

10. 12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10. 13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($ 1, 000,000. 00) or more, by Consultant's signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision ( b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision ( a) of Section 2202. 5, or as a person described in subdivision ( b) of Section 2202. 5 of the California Public Contract Code, as applicable.

SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 13 of 14 108
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY
D

OF DUBLIN
Linda Smith, City Manager
Attest:

DocuSigned by:

KX4t1Zf V02"-
Marsha Moore, City Clerk
Approved as to Form:

DocuSigned by:
ity 9 orney84 ..
3070368. 1
KIMLEY- HORN AND ASSOCIATES, INC.

DocuSigned by:
iNA, SWUW
Brian owers, r. Vice President
Consultant' s DIR Registration Number
if applicable)
Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Page 14 of 14 109

EXHIBIT A

SCOPE OF SERVICES
Development Review
Provide staff augmentation services.

Serve as engineering project manager and primary engineering reviewer for a wide variety of land development, subdivision, commercial, encroachment permit, small cell permit, planning applications, and building permit applications.

Review and manage multiple land development, subdivision, commercial, encroachment permit, small cell permit, planning applications, and building permit applications from initial planning application or entitlement through issuance of permit for construction or improvement plan and final map approval, construction, to final sign -off of improvements, turnover for maintenance, and warranty release.

Review, analyze, and develop conditions of approval for various planning entitlement applications such as Tentative Maps, Site Development Reviews and Conditional Use Permits.

Review various encroachment permit applications, including small cell site applications, and building permit applications.

Review parcel maps, final maps, tract improvement plans, grading plans, street improvement plans, plot plans and building permit plans for conformance with City and State regulations and engineering standards of practice, including ADA and accessibility requirements.

Review plans and documents for conformance with the requirements of the RWQCB NDPES Municipal Regional Permit ( MRP), including but not limited to:

Low impact development.

Source control.

Design of storm water treatment measures and sizing calculations.

Hydromodification standards and the use of BAHM software to both design and review detention and metering devices.

Trash capture.

Stormwater Management Maintenance Agreements.

Work collaboratively with Public Works Staff and other City departments such as Planning, Building, Economic Development, Fire and Environmental Services during the review process.

Coordinate the review and approval process with outside agencies such as Dublin San Ramon Services District, Zone 7 and Alameda County.

Correspond directly with applicants and their design teams.

Attend meetings with applicants and Staff and conduct various other duties in order to efficiently coordinate project reviews with City Staff.

Write memorandums summarizing plan review comments for transmittal to applicants and other departments/ agencies.

Write staff reports for City Council meetings.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Exhibit A — Page 1 of 3 110
Prepare agreements including long term encroachment agreements, stormwater operations & maintenance agreements and subdivision improvement agreements.

Administer surety bonds associated with various agreements.

Prepare grant deeds, grants of easement or certificates of acceptance documents and review of associated plat maps and legal descriptions.

Perform field observations and walk-throughs of projects under construction, in support of Public Works inspection staff/ consultants.

Intelligent Transportation Systems
Develop Intelligent Transportation System ( ITS) applications, communication needs, and upgrades.

Perform Traffic Operation Center equipment ( hardware and software) maintenance, including equipment replacement and provide monitoring and operation services.

Provide assistance on Connected and Autonomous Vehicle implementation, testing and technology.

Conduct research for technology comparisons.

Develop long- range transportation related communication infrastructure plans.

Provide communication infrastructure support and maintenance for traffic signals and traffic operations center.

Support pursuit of Public/Private partnerships in transportation data sharing and management.

Transportation Planning and Engineering
Provide staff augmentation services.

Provide traffic signal design, timing, and coordination services.

Develop Complete Street Policy design elements and implementation plans.

Develop Transit Signal Priority design and implementation.

Prepare and review traffic impact studies.

Prepare and review Engineering and Traffic surveys for setting speed limits.

Conduct travel demand modeling/forecasting and review Countywide Transportation Model; coordinate with County' s consultant and provide traffic/transportation data as required.

Conduct corridor and intersection analysis, including operations, safety, and level of service.

Conduct vehicle miles traveled (VMT) analysis for land use and transportation projects.

Prepare traffic warrant studies.

Review/prepare construction detour plans and traffic control plans.

Conduct traffic counts — include daily counts, vehicle classification counts, and turning movement counts for all modes, parking surveys, origin -destination surveys, GPS data collection, and assessment of existing conditions.

Conduct parking studies.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Exhibit A — Page 2 of 3 111
Prepare and review signing, marking, and striping plans.

Prepare roadway, intersection, curb ramp, bulbout and roundabout design.

Prepare and design for new or existing signalized intersections slated for modification ( include considerations for transit, pedestrian and bicycle movements and focus on alternatives that reduce current intersection inefficiencies).

Conduct traffic operations analyses and familiarity with Synch ro/Si mtraffic software based HCM Methodology.

Conduct traffic microsimulation analysis for intersections and roadways.

Develop and prepare grant applications.

Provide updates to the Citywide Travel Demand Model.

Review Transportation section of an EIR.

Prepare and review Transportation Demand Management (TDM) plans and TDM monitoring reports.

Perform Multimodal Transportation planning and design, which may include:

Street circulation planning and design.

Bicycle facility planning and design.

Pedestrian facility planning and design.

Transit planning, design and operations.

Transportation systems management/ transportation demand management strategies.

Traffic calming assessment and design.

Bicycle, Pedestrian and Transit level of service or quality of service Prepare cost estimates — planning and project level.

Conduct public outreach — tasks may include developing materials for the public and content for the City' s web site.

Preparation of transportation project bid documents including plans, specifications and estimates PS& E)
Conduct feasibility studies for all modes of transportation.

Evaluate and develop mobility hubs including but not limited to bicycle and scooter share programs.

Implement Traffic Sign Retro- reflectivity standards and provide traffic sign inventory data management.

Implement transportation Asset Management and Customization.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Exhibit A — Page 3 of 3 112

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Effective July 1, 2021 to June 30, 2022
Position Title Rate for Year One*
Analyst 1 130. 00
Analyst 11 150. 00
Analyst 111 170. 00
Professional 1 185. 00
Professional 11 200. 00
Professional 111 225. 00
Professional IV 250. 00
Sr. Professional 1 270. 00
Sr. Professional 11 295. 00
Sr. Professional 111 310. 00
Principal/ Sr. Technical Advisor 345. 00
Project Support 110. 00
All CPI increases shall be calculated by Consultant and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3%. Additionally, rates shown are based on staff at their current classification level. Classifications are reviewed yearly, and individual staff classifications may change during the contract period.

SubconsultantsNendors: Billed at cost plus 10%.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Exhibit B — Page 1 of 1 113

EXHIBIT C

C. Consultant' s obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.

D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant' s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault. 3070368. 1
Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Kimley- Horn and Associates, Inc. for Dev Review, ITS, and Transp Ping and Eng Exhibit C — Page 1 of 1 114
Attachment 10
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE CONSULTING SERVICES AGREEMENT WITH KITTELSON & ASSOCIATES, INC. FOR TRANSPORTATION PLANNING AND

ENGINEERING SERVICES
WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 78-21 approving an Agreement for On-Call Transportation Planning and Engineering Services with Kittelson & Associates, Inc. for a not-to-exceed amount of $500,000 over a three-year term; and WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend the term and increase the compensation amount.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve Amendment #1 with Kittleson & Associates, Inc.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
115

Page 1 of 3 ends

AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND KITTELSON & ASSOCIATES, INC.

WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as "CITY") and Kittelson & Associates, Inc. hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for On-Call Transportation Planning & Engineering Services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT will expire on June 30, 2024; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to increase the not to exceed compensation amount to $1,000,000 by modifying Section 2 of the Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,000,000, notwithstanding any contrary indications that may be contained in the Consultant’s proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Attachment 11
116

Page 2 of 3 ends

SIGNATURES ON THE FOLLOWING PAGE
117

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below.

CITY OF DUBLIN KITTELSON & ASSOCIATES, INC.

By: _____________________________ By: _____________________________ Linda Smith D’Ambrosio, City Manager Damian Stefanakis, Senior Principal Planner
Dated:

ATTEST:

By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:

By: _____________________________
City Attorney
118

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
KITTELSON & ASSOCIATES, INC.

FOR

ON -CALL TRANSPORTATION PLANNING & ENGINEERING SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (" City") and Kittelson & Associates, Inc. (" Consultant") ( together sometimes referred to as the " Parties") as of July 1, 2021 ( the " Effective Date").

1. 5 Public Works Contractor Registration. Because the services described in Exhibit A include "work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work," the services constitute a Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 1 of 15 Attachment 12
119
public works within the definition of Section 1720(a)( 1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit C.

1. 6 Public Works Contractor Registration. Contractor agrees, in accordance with Section 1771. 1 of the California Labor Code, that Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725. 5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029. 1 of the Business and Professions Code or by Section 10164 or 20103. 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725. 5. Contractor agrees, in accordance with Section 1771. 4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $ 500, 000 notwithstanding any contrary indications that may be contained in Consultant' s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant' s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Serial identifications of progress bills; i. e., Progress Bill No. 1 for the first invoice, etc.; Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 2 of 15 120
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o
If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant' s signature;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 3 of 15 121
unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2. 5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2. 7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant' s bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 4 of 15 122
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4. 1 Workers' Compensation.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.

4. 1. 2 Submittal Requirements. To comply with Subsection 4. 1, Consultant shall submit the following:

Certificate of Liability Insurance in the amounts specified in the section; and
Waiver of Subrogation Endorsement as required by the section.

4. 2 Commercial General and Automobile Liability Insurance.

Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 5 of 15 123

4. 2. 3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

The Insurance shall cover on an occurrence or an accident basis, and not on a claims - made basis.

City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.

C. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.

4. 2. 4 Submittal Requirements. To comply with Subsection 4. 2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; Waiver of Subrogation Endorsement as required by the section; and Primary Insurance Endorsement as required by the section.

4. 3 Professional Liability Insurance.

4. 3. 1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 6 of 15 124
licensed professionals performing work pursuant to this Agreement in an amount not less than $2, 000,000 covering the licensed professionals' errors and omissions. Any deductible or self -insured retention shall not exceed $ 150, 000 per claim.

4. 3. 2 Claims -Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form:

The retroactive date of the policy must be shown and must be before the date of the Agreement.

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.

A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4. 3. 3 [ Intentionally Deleted].

4. 3.4 Submittal Requirements. To comply with Subsection 4. 3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.

4.4 All Policies Requirements.

4.4. 1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than ANIL

4.4. 3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 7 of 15 125
Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. Except for Consultant' s Professional Liability policy, no policy required by this Section 4 shall include a " wasting" policy limit (i. e. limit that is eroded by the cost of defense).

Section 5. INDEMNIFICATION AND CONSULTANT' S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement.

Section 6. STATUS OF CONSULTANT.

6. 1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1. 3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 8 of 15 126
Consultant performs Services outside the usual course of the City's business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ( PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/ or employee contributions for PERS benefits.

Section 7. LEGAL REQUIREMENTS.

7. 1 Governing Law. The laws of the State of California shall govern this Agreement.

7. 2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant' s failure to comply with any law(s) or regulation( s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7. 5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person' s race, sex, gender, religion ( including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 9 of 15 127
including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws ( each a " Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8. 1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

8. 2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1. 1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8. 3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 10 of 15 128

8. 6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City' s remedies shall include, but are not limited to, the following:

8. 6. 1 Immediately terminate the Agreement;

8. 6. 2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8. 6. 3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

Section 9. KEEPING AND STATUS OF RECORDS.

9. 3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/ or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds $ 10, 000. 00, the Agreement shall be subject to Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 11 of 15 129
the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10. 5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 12 of 15 130
understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

10. 8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10. 10 Notices. Any written notice to Consultant shall be sent to:

Kittelson & Associates, Inc.

Attn: Aaron Elias, TE, Project Manager
155 Grand Avenue, Suite 505
Oakland, CA 94612
Any written notice to City shall be sent to:

City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568

Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 13 of 15 131

10. 12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 14 of 15 132
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN
F::

Linda Smith, City Manager
Attest:

FDocuSigned
by:
kw -a_ kme_
Marsha Moore, City Clerk
Approved as to Form:

FDocuSigned
by:
av, r bis6r %r
City Attorney
3766317. 1
KITTELSON & ASSOCIATES, INC.

DocuSigned by:
aww'wt,u, (,c, wis
Laurence Lewis, AICP LEED AP, Principal Planner
Consultant' s DIR Registration Number
if applicable)
Consulting Services Agreement between City of Dublin and 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Planning & Engineering Services Page 15 of 15 133

EXHIBIT A

SCOPE OF SERVICES
Surveying
Provide staff augmentation services.

Prepare plat maps and legal descriptions for acquisition areas.

Conduct topographic surveys, process field data, and produce topographic maps.

GPS data collection, inventory management, and GIS integration.

Research record documentation defining existing right-of-way. Prepare right-of-way maps.

Calculate record locations of pertinent boundary monumentation for use in field survey work.

Conduct field right-of-way surveys to locate boundary evidence.

Perform boundary analysis based on record and field data.

Perform topographic surveys for the design of capital projects.

Perform construction staking surveys.

Conduct monument verifications.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Kittleson & Associates, Inc. for On -Call Transportation Ping & Engineering Svcs Exhibit A — Page 1 of 1 134

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES

POSITION TITLE
Senior Principal Engineer/ Planner
Principal Engineer/ Planner
Associate Engineer/ Planner
Senior Engineer/ Planner
Engineer/ Planner
Transportation Analyst
Principal Data Scientist/ Developer
Senior Data Scientist/ Developer
Data ScientistlDevelope rData
Analyst/ Software Developer Software
Technician Associate
Technician Senior
Technician Technician
II Technician
I Office
Support RATE
310
250
220
190
160
140
260
210
180
140
110
165
155
130
110
90 Service &
Other Direct Costs Billing Rate Mileage $.
575lmile Travel &
Other Direct Costs Actual plus 10% markup Subconsultants Actual plus 10% markup Note:

Kittelson' sschedule of hourly rates as of July 1, 2021) for each position classification for year one of the Dublin On- Call contract. Rates are subject to increase each year on July 1. All invoices shall be submitted ona monthly basis via PDF attachment to PWinvoices@dublin. ca.gov. Consulting Services Agreement between City of Dublin and Last revised 07/01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Ping & Engineering Svcs Exhibit B — Page 1 of 1 135

EXHIBIT C

C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Ping & Engineering Svcs Exhibit C — Page 1 of 1 136

EXHIBIT D

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract.

C. The Contractor and its subcontractors shall forfeit as a penalty to the City $ 25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773. 2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Contractor and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services or work.

B. In accordance with California Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes penalties per day for each worker engaged in the performance of the services described in Exhibit A that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their obligations under the California Labor Code. The Contractor or subcontractor shall pay the Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Ping & Engineering Svcs Exhibit D — Page 1 of 3 137
difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements:

1. The contract executed between the Contractor and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777. 5, 1813, and 1815.

2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor's certified payroll records.

3. Upon becoming aware of a subcontractor' s failure to pay the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and sent directly to the Labor Commissioner, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

Consulting Services Agreement between City of Dublin and Last revised 07/ 01/ 2021 Kittelson & Associates, Inc. for On -Call Transportation Ping & Engineering Svcs Exhibit D — Page 2 of 3 138
D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777. 5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation ( except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENT #2 TO THE CONSULTING SERVICES AGREEMENT WITH LYNX TECHNOLOGIES, INC. FOR GIS CONSULTING SERVICES
WHEREAS, on June 1, 2021, the City Council adopted Resolution No. 53-21 approving an Agreement with Lynx Technologies, Inc. for geographic information systems (GIS) consulting services; and
WHEREAS, on April 18, 2023, the City Council adopted Resolution No. 30-23 approving Amendment #1 with Lynx Technologies, Inc. to increase the not-to-exceed compensation amount to $357,000 and modify the scope of work and compensation schedule; and WHEREAS, the City and Consultant mutually desire to amend the Agreement to extend the term and increase the compensation amount.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve Amendment #2 with Lynx Technologies, Inc.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
140

Page 1 of 3 ends

AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND LYNX TECHNOLOGIES, INC.

FOR GIS CONSULTING SERVICES
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as "CITY") and Lynx Technologies, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for GIS Consulting services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, on April 18, 2023, the City Council adopted Resolution 30-23 approving Amendment No. 1 to the Consulting Services Agreement for GIS Consulting Services; and
WHEREAS, the existing AGREEMENT is set to expire on June 30, 2024; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement, and to increase the not-to-exceed compensation amount to $467,000 by modifying Section 2 of the Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $467,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant Attachment 14
141

Page 2 of 3 ends

Dublin City CouncilJune 4, 2024

Dublin City Council
June 4, 2024