RELEVANT EXPERIENCE
• City of King, San Antonio Drive Path & Safe Routes to Schools ATP Cycle 6 Grant Application Assistance
King City, CA – Grant Writer
• County of Santa Cruz, Clean CA Local Grant Program Watsonville, CA – Grant Writer
• City of Seaside, Broadway Ave Complete Street Corridor RSTP Grant Application
Seaside, CA – Analyst
• City of Seaside, Coe Ave. and General Jim Moore Blvd. Intersection Improvements RSTP Grant Application
Seaside, CA – Project Analyst
• City of Salinas, Williams Road Safe Street Corridor Project Streets for All (SS4A) Cycle 2 Grant Application
Salinas, CA – Grant Writer
• City of King, US 101 & San Antonio Drive Roundabout Improvements Project 2023 RSTP Grant Application Assistance
King City, CA
– Grant Writer
• City of King, Division Street Bike Lanes Project 2023 Quick-Build RSTP Grant Application Assistance
King City, CA – Grant Writer
• City of Seaside, Broadway Ave Complete Street Corridor Seaside, CA – Grant Writer
298
GMOC82018.2024
33 City of Dublin | Civil Engineering and Surveying Services
OFFICE LOCATION
Martinez, CA
EXISTING COMMITTED
HOURS
80% of available
hours (32 hrs/wk) are
committed to existing
projects.
PROFESSIONAL
CREDENTIALS
Bachelor of Science,
Civil Engineering, San
Jose State University,
San Jose
Professional Engineer
in California
(No. 59061)
Professional Land
Surveyor in California
(No. 7893)
CHRISTINE M. LEPTIEN-PARKS, P .E., P .L.S.
Surveying and Mapping Services
Christine began working part-time for LCC in 1992 and joined the firm full- time in May of 1996 upon completion of her undergraduate education.
She obtained her license to practice civil engineering in February 1999.
Since then, she has been directly responsible for the preparation of plans, specifications and estimates for streets, parking lots, parks, utilities, storm drains, and wastewater facilities. Christine has also had extensive field experience as a both a Chainman and a Party Chief on our survey crews over the years, leading her to obtain a license to practice land surveying in August 2003. Christine became a Principal in the firm in February 2008. Christine has been involved in most of LCC’s major projects over the last 27 years, and in recent years has led LCC’s survey teams as Project Manager on numerous projects. Christine also has over twenty-six (26) years of experience working with AutoCAD and AutoCAD Civil 3D. She is experienced in using a TDS Survey Data Collection and Topcon Data Collection programs along with Topcon Standard and Robotic Total Stations. Christine also has extensively used Topcon RTK and Static GPS equipment for various survey and mapping applications.
RELEVANT EXPERIENCE
• City of Martinez On-Call City Surveyor Martinez, CA
– Consulting City Surveyor
• On-Call Surveying for Contra Costa Water District
County of Contra Costa, CA – Principal Surveyor
• Marin County On-Call Surveying Marin County, CA – Principal Surveyor • City of Orinda On-Call Surveying Orinda, CA – Principal Surveyor • Heart of Fairfield Rule 20A Project Fairfield, CA – Principal Surveyor • Sewer Rehabilitation Project Dixon, CA – Principal Surveyor • Skyview Reservoir Improvements Vallejo, CA – Principal Surveyor • City of Concord On-Call Surveying Concord, CA Principal Surveyor • City of Lafayette On-Call Surveying Lafayette, CA – Principal Surveyor • City of Pleasant Hill On-Call Surveying Pleasant Hill, CA – Principal Surveyor
• State of California Suscol Creek at State Route 29, Napa County Hydraulic Study
Napa County, CA – Principal Surveyor
• Brookside Drive Culvert Repair Napa County, CA – Principal Surveyor • East Bay Regional Park District, On-Call Surveying Alameda County, CA – Principal Surveyor
• City of Berkeley On-Call Surveying Berkeley, CA – Principal Surveyor 299
GMOC82018.2024
34 City of Dublin | Civil Engineering and Surveying Services
OFFICE LOCATION
Livermore, CA
EXISTING COMMITTED
HOURS
80% of available
hours (32 hrs/wk) are
committed to existing
projects.
PROFESSIONAL
CREDENTIALS
Bachelor of Science,
Civil Engineering,
North Dakota State
University
Geotechnical
Engineer in California
(No. 2915)
Professional Engineer
in California
(No. 63291)
SHANE RODACKER, P .E., G.E.
Geotechnical Engineering
Shane has 20+ years of experience with a wide range of challenging projects throughout California. He has managed geotechnical and materials testing services during the design and construction of educational facilities, major transportation, and infrastructure projects, low- to high-rise mixed-use developments, and essential services buildings. A variety of public agencies, design engineers and architects, and private sector clientele rely on his experience and wider project perspective when making decisions regarding project feasibility, foundation systems and site development.
RELEVANT EXPERIENCE
• City of Dublin On-Call Geologic and Geotechnical Services Dublin, CA – Principal Engineer
• City of Pleasanton On-Call Geotechnical Engineering and Materials Testing Pleasanton, CA – Principal Engineer
• City of Brentwood On-Call Construction Materials Testing and Geotechnical Engineering
Bentwood, CA – Principal Engineer
• City of Concord On-Call Geotechnical and Environmental Services Concord, CA – Principal Engineer
• Contra Costa County On-Call Geotechnical Engineering Consulting Services Contra County, CA – Principal Engineer
300
SubmiƩed By:
300 E 2nd Street, #1210
Reno, NV 89501
(775) 329-4955
SubmiƩed By:
1003 West Cuƫng Blvd., Suite 110
Richmond, CA 94804
(510) 215-3620
Reno | Lake Tahoe | Point Richmond | Oakland | Sacramento | Fountain Valley | ScoƩsdale April 12, 2024
City of Dublin
STATEMENT OF QUALIFICATIONS
Civil Engineering and Surveying Services
301
J.
Ryan Shafer, PE, GE Jenny Van Dyke, PE
Principal Project Manager
1003 W. Cutting Boulevard, Suite 110
Pt. Richmond, CA 94804
(510) 215-3620
April 12, 2024
Julius Pickney, Management Analyst II
100 Civic Plaza
Dublin, CA 94568
Cover Letter – Statement of Qualifications for Civil Engineering and Survey Services (Design Services) Dear Ms. Pickney and Members of the Selection Committee:
NCE is excited and ready to deliver capital improvement projects with the City of Dublin (City). We recognize that as the City ages and expands, streets, trails, parks, buildings, and utility infrastructure require construction and rehabilitation to support multi-modal transportation, commerce, recreation, and the general needs of the community. The NCE team sees our primary role for this on -call service area to be a partner with the City in providing technical solutions and implementing designs that will s upport future capital improvement projects.
We know that City staff are busy and therefore need a consultant team that is highly qualified, responsive, self- initiating, and capable of moving design projects forward with less effort and time from City staff.
As the City moves forward with its capital improvement program, various projects related to street resurfacing, complete streets, bicycle and pedestrian facilities, parks, trash capture, trails, green stormwater infrastructure, and pavement management will arise. The City expects that its consultants will assist in completing successful projects, which exceed the expectations and needs of the City and its staff.
We have well-qualified staff and teaming partners to help execute well -informed and planned projects where the team anticipates any potential hurdles or critical decision factors to minimize unwanted surprises. NCE will give the City the appropriate attention to help manage the project, especially when City staff time is limited.
NCE has been working closely with the City on its pavement management to optimize funding levels, treatment strategies and street selection in addition to the design, permitting and environmental documents for the Iron Horse Trail and Open Space. The NCE team provides the following benefits and features:
• Interdisciplinary, collaborative team of engineers, scientists, planners, and landscape architects to work with projects from conception, regulatory compliance and permitting, environmental documents, through design, and construction monitoring.
• Responsive and proven technical advisors available to City staff with in-depth knowledge and experience in all facets of engineering including applicable local, state, and federal standards. • Tailored designs that balance practical and buildable solutions, sustainability and green infrastructure, multimodal transportation needs, safety, and community needs and input. •
Integrated pavement management, research, and design for thousands of roadways including complete street design throughout California.
The NCE team has the technical expertise, depth of resources, and desire to assist the City with your civil engineering projects. As a principal with NCE, I am authorized to sign contracts on behalf of NCE and will serve as the point of contact for questions. I can be reached at (510) 215-3620 or at [email protected]. Jenny Van Dyke, PE NCE’s proposed Project Manager can be reached at (510) 215-3620 x314 or at [email protected].
Sincerely,
NCE
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Table of Contents
Qualifications and Experience of the Firm .......................................................................................................................... 2 References .......................................................................................................................................................................... 5 Key Staff .............................................................................................................................................................................. 6 Rate Schedule ...................................................................................................................................................................... 8 Project Approach ................................................................................................................................................................ 8 Standard Consulting Agreement and Insurance Requirements ......................................................................................... 9 Subconsultants .................................................................................................................................................................. 10 Sample Project Documents ............................................................................................................................................... 10 Conflict of Interest ............................................................................................................................................................ 10 Appendices
A Resumes
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Qualifications and Experience of the Firm
Founded in 1990, NCE is a client-focused professional consulting firm integrating the disciplines of engineering, science, and planning to address the infrastructure and resources challenges facing our communities today and in the future. Over 85% of NCE’s work is with local public entities. This contract will be managed from our Richmond office, which is located about 45 minutes from the City. The NCE team developed the preliminary master plan and prepared construction design plans, specifications, and engineer’s cost estimate (PS&E) for trail connections and recreational amenities adjacent to the City’s Iron Horse Trail and Open Space . We recently worked with the City to update its pavement management program (PMP) and prepared a Council presentation with various budgetary analys es, which resulted in Council approving an additional $2.0 million per year for street resurfacing and rehabilitation.
Civil Engineering: NCE’s Civil Engineering team has extensive experience developing PS&E for municipal facilities and amenities, as well as local and state transportation projects. It is a fundamental goal of NCE to produce high quality work deliverables, by following rigorous qu ality control procedures and standard design guidelines and requirements, while maintaining a reputation for timely service. Projects include multi- year paving capital improvement project plans, bicycle and pedestrian enhancements; trails; parks; complete streets, pavement rehabilitation and reconstruction, road widening and intersection design; emergency response such as the landslide stabilization and culvert construction project ( shown in the photo) for the City of Richmond, hydrologic and hydraulic modeling and engineering, erosion control; utility coordination, design and relocation for domestic water and sanitary sewer systems, storm drain system design, storm water quality improvements; wetlands and creek restorations, redevelopment, urban infill projects; and have expertise in the latest guidelines from Caltrans, FHWA, and NACTO.
Pavement and Civil Engineering (PS&E): Street rehabilitation extends well beyond the pavement and often requires important considerations, such as curb and gutter and sidewalk conditions, improvements to pedestrian and bicycle facilities, landscape, traffic striping and signage, edge confinement, ADA compliant curb ramps, pathways, drainage, stormwater runoff reduction, storm drain systems, trash capture, and utility relocation.
For example, on Castro Ranch Road in Richmond, we used Cold In-place Recycling (CIR ) (shown in photo) and phasing of paving work to minimize impacts to vehicles and cyclists given that this is a key commute corridor. Roadway projects should consider all modes of transportation, accessibility, safety , as well as ways to reduce construction impacts , constructability (e.g., problematic subgrade soils), phasing of work, hours of construction.
Complete Streets: We are experienced with opportunities to incorporate and design complete streets elements, such as bulbouts, landscaping, lighting, restriping, road diet, and dedicated bike lanes, into street improvement projects – making them safe for multi -modal users,
including transit riders, motorists, bicyclists, and
pedestrians. When completing street designs, NCE
meets with our clients to discuss options to improve
safety and overall user experience. NCE recently
designed complete streets projects for the Cities of
Richmond, San Pablo (Rumrill Boulevard shown in
photo), Walnut Creek, Alameda, Berkeley, Presidio
Trust, and San Leandro. We are currently working
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with the City of Oakland on the Seminary Avenue Complete Streets Project that includes consideration of a new multi-use pathway and road diet to improve bicycle and pedestrian access fronting Mills College.
Pavement Design: Pavement design and PS&E for maintenance, rehabilitation, and reconstruction are NCE’s specialty. We offer unrivaled experience and expertise with pavement treatment alternatives and optimization of treatment selection. Our expertise in pavement treatment alternatives includes, but is not limited to, cost saving, deploying the latest and sustainable paving technologies and material specifications, including creative use of surface seal and in- place pavement recycling technologies. We consider many factors during pavement design, including cost, performance, future maintenance, traffic, access, roadway section properties, geometric constraints, and climate.
ADA Compliance: NCE has a depth of experience in standards for accessible design, including design of over several thousand curb ramps, sidewalks, and accessible paths of travel, maximum running slope for crosswalks, and traffic striping and signage. Pavement striping and signage should be compliant with ADA regulations and CA MUTCD . NCE has vast experience restriping high visibility crosswalks and limit lines to allow for safe pedestrian crossing across roadways. In Oakland, we have inventoried and checked ADA attributes for over 18,000 curb ramps, and we recently designed 100’s of ADA compliant curb ramps for agencies throughout the Bay Area.
Green Infrastructure and MRP 3.0: NCE’s engineers and landscape architects incorporate Green Infrastructure to provide communities with healthier public spaces, visually appealing streetscapes, enhanced pedestrian experience, storm water quality/management, reduced impervious pavements and minimize the impacts of climate change. Techniques include reducing heat island impacts with the reduction of paved surfaces and replacing impervious pavements with permeable pavers within parkways.
With an innovative approach, NCE’s landscape architects worked with South San Francisco on its 2021 Green Infrastructure Program to study opportunities to integrate a range of green infrastructure elements.
During design, we will consider the San
Francisco Bay Municipal Regional Stormwater Permit (MRP 3.0) and regulated project thresholds in Provision C.3 under the Alameda County Clean Water Program. We carefully evaluate pavement reconstruction and whether the contiguous 1-acre threshold is exceeded. Improvements such as new roadways, lane widening, or sidewalk gap closures are subject to more restrictive thresholds of 5,000 continuous square feet.
Geotechnical Services: NCE’s geotechnical engineers understand the significance of proper roadway support on competent subgrade soils to limit damaging road settlement and future cracking. For example, based on our field exploration and soil and rock laboratory testing, we can accura tely assess the engineering properties and the presence of subgrade soils that might be soft and exhibit “pumping” under vehicle loads. We can develop appropriate subgrade stabilization techniques such as moisture conditioning, lime treatment, geotextiles, and/or over-excavation and replacement with aggregate materials. NCE provides comprehensive geotechnical engineering services such as site investigation, thorough review of plans and specifications , and follow up on services during construction to ensure that of our geotechnical recommendations are implemented.
California Environmental Quality Act (CEQA)/National Environmental Policy Act (NEPA) : NCE staff bring over 30 years of experience completing the full range of CEQA/NEPA documentation throughout the state, no matter the setting - small towns, big cities, rural areas, and counties. Our diverse projects include municipal infrastructure, infill/brownfields redevelopment, affordable housing, Caltrans-assisted roadway, parks and trails projects, habitat restoration, downtown high-rise, historic adaptive reuse, and master and specific plans. 305
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Regulatory Permitting and Compliance: Our resource specialists are adept at identifying necessary permits and preparing comprehensive applications for our clients and their projects. Our team understands the regulations, permitting processes, and has established excellent lines of communication with key agencies at the federal, state, and local level. This ensures efficient approvals, allowing our clients to put their projects on the ground.
Construction Support Services: NCE offers years of experience performing design support services during construction, including environmental compliance , and monitoring and inspection capabilities. We conduct value engineering and constructability reviews to identify areas where we can save time and money prior to work starting. Our team is proactive, working to anticipate problems before they occur and develop solutions rather than reacting, which leads to mitigating delays and claims due to unforeseen conditions.
Landscape Architecture: NCE’s staff of licensed landscape architects provide landscape architectural, urban design, presentation graphics, renderings, and planning services to our clients during the design phase, permitting, and construction. NCE’s landscape staff specialize in c omplex urban projects that require patience, vision, and an ability to listen closely to the community, park users, funders, agency staff and elected officials combined with an extensive knowledge of the policies, building codes and legislation.
Experience Working with Caltrans on Federally Funded Projects: NCE has a depth of experience in complying and completing required documents with the Local Assistance Procedures Manual (LAPM) on over 20 federally funded projects (E -76 documents), including recent projects with complete streets and green infrastructure elements for the Cities of Richmond, Alameda, Emeryville, Oakley , Orinda, Pacifica, Pittsburg, San Pablo, San Ramon, South San Francisco, and Sunnyvale. We are currently working with Caltrans District 4 Local Assistance to obtain authorizations to proceed on federally funded projects. We have also completed many Preliminary Environmental Study (PES) documents and have secured Caltrans approvals. We have completed the E -76 process as the civil engineering and design consultant and as the environmental consultant.
Given that a significant portion of the City’s projects will require work with the street right-of-way, NCE can offer our experience designing thousands of roads, street infrastructure, and environmental planning throughout California and will provide the City with the confidence that pavement treatment selections, planning and design documents, and construction support will be delivered on-time and be technically innovative and cost-effective.
Table 1 summarizes a list of our long -term municipal clients th roughout the Bay Area with project scopes relevant to the City that NCE has successfully delivered within the last five years.
Table 1. A Sampling of NCE’s Long-Term Design Clients
Client Design and Planning Service # of
Streets
Construction
Dollars
Client
Since
City of Richmond* Pavement, Civil, Geotechnical, & Environmental > 200 $20 million 2005 City of Berkeley Pavement, Civil, Geotechnical, & Environmental > 200 > $30 million 2005 City of Oakland Pavement, Civil, Geotechnical, PMP, &
Environmental > 100 > $35 million 2000
City of Walnut Creek Pavement, Civil, Geotechnical, & Environmental > 30 > $6 million 2005 City of San Leandro Pavement, Civil, and Geotechnical > 180 >$35 million 2017 City of Martinez Pavement, Civil, and PMP > 200 $30 million 2021 City of San Ramon* Pavement, Civil, and Geotechnical > 50 > $10 million 2007 Caltrans - Statewide Pavement Engineering and Materials Testing 23 highways > $50 million 1998
* NCE delivered projects under federal funding requirements, such as OBAG/STIP funding and/or Caltrans’ Authorization to Proceed 306
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References
Annual Overlay/Rehabilitation 2019-2023 Pavement Design and PS&E Projects, San Leandro, CA Client: City of San Leandro Address: 835 E 14th St, San Leandro, CA 94577 Reference: Nick Thom, PE, Deputy Public Works Director Phone: (510) 577-3431 Term: October 2017 – 2022 and on-going.
NCE was contracted by the City of San Leandro to prepare construction documents and pavement rehabilitation and reconstruction design for 19 arterial, collector, and residential streets (4.0 centerline miles) for City’s 2019 Annual Street Overlay and Rehabilitation Project. Pavement design solutions included conventional and RHMA overlays, full-depth asphalt reconstruction, FDR, and a pilot project of CIR and top - down FDR based on recommendations provided by NCE. Visible drainage issues were addressed, such as localized ponding in the gutter pan, the design of over 110 ADA ramps, curb and gutter repairs, and improvements to striping and pavement markings with the addition of class II and class IV bike lanes, and road diet and complete streets designs. The design of traffic calming bulbouts were prepared for two streets where NCE analyzed vehicle turning capabilities and impacts to surface drainage.
NCE submitted and managed three encroachment permit applications with Caltrans as the project encroached on three state routes. NCE’s Engineer’s Cost Estimate matched that of the winning contractor bid, indicating that NCE was able to anticipate the value of the scope of work. Additionally, NCE completed similar services for the City’s 2021- 2023 annual surface seal program with a construction value of $9.2 million and inc ludes pedestrian and bike safety improvements and railroad coordination.
Project Team: Ryan Shafer (Principal), Jenny Van Dyke (Project Manager), Franz Haidinger (QA/QC), James Signore (Pavement QA/QC), Debaroti Ghosh (Pavement Engineer), Maria Paola Murillo (Staff Engineer) Mountain Pacific Surveys (Topographic Surveying) and Psomas (Utility Location).
Five Year Pavement Preservation Program / On-Call Pavement Management and Design Services , Martinez, CA
Client: City of Martinez Address: 525 Henrietta Street, Martinez, CA 94553Reference: Ali Hatefi, PE, Senior Civil Engineer Phone: (925) 372-3519Term: 2022-present.
As part of its five-year work plan developed by NCE, the City allowed for pavement rehabilitation and resurfacing to be designed in advance of construction and allow for earlier bidding to obtain competitive bids. It was the City’s desire to have resurfaci ng and rehabilitation projects for each year, grouping and aggregating by neighborhoods for efficiency of design, construction (less mobilization), and future maintenance. More cost-effective cape seal on poor pavement condition or full depth reclamation (FDR) under failed pavement condition with base material failure to help City treat more streets within limited budgets.
NCE worked with the City to update pavement strategies and conducted field review to verify pavement condition and treatments in different neighborhoods. NCE also supported City staff for Measure D workshops and City Council meetings.
NCE completed pavement and civil design (PS&E) for the City’s FY2022/23 surface seal and rehabilitation project with a $5.75 million construction cost, in addition to updating the 5 -year work plan with City’s updated construction budget.
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NCE was also retained to complete pavement and civil design (PS&E) for the City’s FY2023/24 surface seal and rehabilitation project with an estimated construction cost of $6.0 million.
Project Team: J. Ryan Shafer (Principal), Mei- Hui Lee (Project Manager), Franz Haidinger (QA/QC Manager), James Signore (Pavement Design Lead), and Debaroti Ghosh (Project Engineer), Mountain Pacific Surveys (Topographic Surveying) and Psomas (Utility Location).
Central Avenue at I-80 Local Road Improvement Project, Richmond, CA Client: City of Richmond Address: 450 Civic Center Plaza, Richmond, CA 94804 Reference: Tawfic Halaby, PE , Deputy Director of Public Works Phone: (510) 672-4537 Term: PA&ED: 2017 to 2022, ROW: 2022 to Ongoing, PS&E: 2022 to Ongoing.
The I-80 Interchange at Central Avenue has several traffic operations and public safety challenges associated with its existing configuration. The City, in partnership with the Contra Costa Transportation Authority (CCTA) and Caltrans, as part of the Central Avenue at Interstate 80 (I -80) Local Road Improvement Project proposed to increase spacing between the signalized intersections east of I-80 by connecting Pierce Street and San Mateo Street via a new street extension, restricting Pierce Street access at Central Avenue to “right in, right out” only, and relocating a traffic signal. The street design minimized right -of-way take and offered the most efficient and economical solution. Project elements include traffic signals, PG&E Rule 20A undergrounding, street resurfacing and reconstruction, lane reconfiguration, street parking reconfiguration, relocation of bus stops with bus shelter, parking lot reconfiguration, class III bike route, landscaping and bioretention, street lighting, and sidewalk, curb ramp, and ADA improvements. NCE completed field investigations and technical studies (i.e., biological, cultural resources, hazardous materials, noise, air quality, water quality, hydrology, visual resources, and traffic) to support environmental compliance and permitting under the Local Assistance Program through Caltrans District 4. The cultural resources investigation included an Extended Phase 1 Archaeological Resources investigation (XPI) and the results of the Phase I Environmental Site Assessment (ESA) for hazardous materials required implementing a Phase II ESA.
Project Team: Ryan Shafer (Principal and Project Manager), Gail Ervin (CEQA/NEPA Environmental Compliance Lead), Cord Hute (Senior Biologist), Franz Haidinger (Civil Design Lead and QA/QC), James Signore (Pavement Engineer), Mountain Pacific Surveys (Topographic Surveying), and Psomas (Utility Location).
Key Staff
NCE’s staff are experienced with using a collaborative and innovative problem- solving approach to address technical challenges facing the City’s infrastructure -related, day -to-day issues. As Principal- in-Charge, Ryan Shafer, PE, GE will be the primary point of contact for the City and will communicate regularly with the City and create conversation on project purpose, plans, and progress. Ryan is one of NCE’s roadway design leaders and is experienced in civil engineering design for infrastructure improvemen ts, including complete streets, pavement evaluation and design, drainage, retaining wall design, and effective application of green infrastructure techniques. He will work closely with the team and the City to apply new ideas grounded in results gained to date from previous projects that he managed to successful completion.
We have assembled a team of professionals with demonstrated experience providing services for similar types of projects. NCE is committed to providing the staff presented within Table 2. Our key personnel will be available as projects arise throughout this contract. Brief resumes are provided as Appendix A. 308
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Table 2. Project Team Member Qualifications Qualifications Staff Name
Role
Current Commitments
% of Availability
Available to Work at NTP
On-Call Services
Project Management
Traffic Engineering and Striping
Pavement Mangement and Design
Bicycle and Pedestrian Facilities
PS&E Development
Bidding & Construction Services
Green Infrastructure
ADA Compliance
Streetscaping and Parks
CEQA/NEPA
Regulatory Compliance
Geotechnical Engineering
Ryan Shafer, PE, GE
Principal-in-Charge
Various Civil, Pavement,
Environmental
15-30%
✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
Jenny Van Dyke, PE
Project Manager
Various Civil, Pavement,
Environmental
25-30%
✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
Mei-Hui Lee, PhD, PE
Civil Engineering Lead &
Pavement Management
Specialist
Various Civil, Pavement
20-30% ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
Franz Haidinger, PE
QA/QC
Various Civil, Pavement,
Environmental
10%
✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
James Signore, PhD, PE
Pavement Design Lead
Various Civil, Pavement
10-20% ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
Debaroti Ghosh, PhD, EIT
Pavement Design
Various Civil, Pavement
10-20% ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
Gail Ervin, PhD
CEQA/NEPA
Various Civil,
Environmental
20%
✔ ✔ ✔ ✔ ✔
Cord Hute
Biology, Resources, Permitting
Various Civil,
Environmental
15%
✔ ✔ ✔ ✔ ✔
Mary C. Horvath, PE, CFM, QSP
Hydraulics & Hydrology
Various Civil,
Environmental
50-60%
✔ ✔ ✔ ✔ ✔ ✔ ✔
Matthew Gaber, PLA
Parks Project Manager
Various Civil, Landscape
30% ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
Maria Paola Murillo
Civil Engineer
Various Civil, Pavement
50-60% ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
Edith Rodriguez
Civil Engineer
Various Civil, Pavement
50-60% ✔ ✔ ✔ ✔ ✔ ✔
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Rate Schedule
*Rate will be adjusted by NCE to comply with the Prevailing Wage Rate Determinations in the locality of the work as set by the California Department of Industrial Relations. ** Rates are effective for 2024 and will be adjusted annually, by Task Order.
Classification Hourly Rate Classification Hourly Rate
Principal $335 Construction Inspector* $150
Associate $265 CAD Technician $135
Senior I/II $215/225 Senior Field Scientist $145
Project I/II $190/205 Field Scientist $125
Staff I/II $165/180 Project Administrator $130
Senior Construction Manager* $170 Field/Engineering Technician $125 Senior Designer $180 Clerical $115
Senior Technician* $150
Contract Labor – From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges.
Litigation Support – Expert testimony in depositions, hearings, mediations, and trials will be charged at 300% of the above rates.
Equipment
Plotter Usage ........................................................................................................ (separate fee schedule) Falling Weight Deflectometer Testing ...................................................................................... $4,5 00/Day Coring ....................................................................................................................................... $5,500/Day Environmental Equipment .................................................................................... (separate fee schedule) Outside Services – Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel by common carrier, subsistence, subcontractors, etc. …………..…..cost + 10% Communication/Reproduction – In-house costs for telecommunication , postage, printing, and copying (project labor charges x 5%)
Project Approach
NCE understands that on- call contracts require seamless integration and partnering with our clients, which allows the City to have access to NCE during development of a scope of work without a specific task order in place. NCE will review every assignment holistically to identify the project elements, such as applicable environmental regulations, funding, and design requirements, which will allow us to implement projects in a timely fashion.
Project Management: NCE manages our projects with a focus on collaborati on, innovation, and problem- solving, which is the foundation of our approach. By allocating the right resources at the right time we cost- effectively produce high-quality deliverables and projects for our clients. We focus on understanding our client’s “big picture” to produce high value of project efforts. This starts with assigning experienced and capable project managers and surrounding them with handpicked teams tailored to every effort, task, or project. We then apply trusted project management principles (detail ed below) to identify Client goals and value communication, scheduling, cost management, and creative problem solving to achieve those goals. 310
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The P roject Manager will be responsible for delivering the scope of work. Tasks will include managing the budget, project schedule, subconsultants , and overseeing work products. Our Project Manager, Jenny Van Dyke, PE, will be responsible for monitoring the progress of the project, ensuring that the scope of work is fully executed, ongoing communication with the client, and managing staff resources.
Developing Holistic Task Orders to Achieve Community Needs: Our Principal-in-Charge/Client Sponsor, J. Ryan Shafer, PE, GE, will be the single point of contact for this on-call contract during task order development. He has managed public works and capital improvement projects with municipal clients in the Bay Area. Ryan is well versed in understanding the needs and required resources to complete projects. When developing a Task Order with the City, our Client Sponsor and Project Manager will pay close attention to the City’s needs and expectations to identify the necessary deliverables and required staff and time resources. A Task Order for a typical capital project includes efforts to manage the project, collect information on existing conditions, stakeholder coordination and regulatory compliance, conduct any necessary field investigations and testing, and/or analysis, all of which inform the development of preliminary and final construction design documents.
Scheduling: Maintaining the integrity of the project timeline is a high priority for the NCE team. Clear communication, concise documentation, prompt problem resolution, and referencing the schedule are the tools NCE uses to complete the project within the established timeframe. NCE collaborates with our clients to prepare schedules with clear and achievable delivery timelines . Any potential delays are promptly addressed with the team and the client.
Creativity to Problem Solving: NCE’s team integrates problem solving into every aspect of the services we provide, including brainstorming on potential issues during project scoping, integrating contingencies into project schedules, and focusing on alternative solutions when challenges present themselves. We help solve clients’ problems by asking the right questions at the right time with practical solutions based on sound science, effective planning, and quality engineering.
Standard Consulting Agreement and Insurance Requirements NCE has reviewed the City’s Standard Professional Consulting Services Agreement, including insurance requirements as provided as Attachment B. NCE will be able to meet the contract and insurance requirements.
While we do not have any exceptions, we would like to request a modification to the language as noted below.
9.1 Recor
ds 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.
Any
revisions, modifications, or changes made or reuse on another project without specific written verification and adaptation by Consultant for the specific purposes intended will be at user’s sole risk and without liability or legal exposure to Consultan t. 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.
INDEMNIFICATION
A. C
onsultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume reimburse the apportioned costs of the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, 311
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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 to the extent caused by 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 reimburse the a
pportioned costs to defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from to the extent caused by 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 pa
rt by the sole negligence or willful misconduct of the City.
Subconsultants
At the task order level, NCE will assemble an experienced in -house team to deliver the public works project. If needed, we will select our subcontractors to meet the specific needs of a project, including technical demands and DBE participation as required for federally funded projects. NCE will select firms that we have established working relationships with, ones that will lead to successful project delivery, such as Fehr & Peers for traffic engineering, Mountain Pacific Surveys, Guida Surveying, Inc., or Calvada Surveying, Inc. for land surveying and right-of-way determination, Monument ROW for right-of-way assistance, Subtronic Corporation or Psomas for utility locating, and BSK Associates for laboratory testing.
Sample Project Documents
NCE has been delivering civil design projects for the City of San Leandro since 2017 and as an example of our work product we are including example project plans from the "Phase II of the Annual Street Rehabilitation 2019-21"with an estimated construction valued at $4.1 million.
The sample project document can be downloaded here:
https://nce.sharefile.com/public/share/web-s5645f35f0dbb4829845565aa4687ebd8 Conflict of Interest
We are and will be providing similar civil engineering work with other public agencies throughout Alameda County as a prime or subconsultant. NCE does not have any actual, apparent, or potential conflicts of interest that may result from any financial, business, or other relationships with the City or other entities that may have an impact upon the outcome of this contract.
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Appendix A
Resumes
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Ryan Shafer, PE, GE – Principal-in-Charge
Ryan Shafer, PE, GE, is an experienced Principal and Project Manager that is highly skilled in managing interdisciplinary teams of engineers, scientists, and planners for complex projects requiring civil engineering, geotechnical engineering, pavement engi neering, structural engineering, transportation and traffic engineering, hydrology and hydraulics, coastal engineering, regulatory permits, technical studies and resource assessments, and environmental documents. In addition, he has managed and provided c ivil and geotechnical engineering on a wide range of public and private projects, including vertical development, municipal roads, trails, drainage infrastructure, landfills, public transit, recreation areas and parks, industrial facilities including refineries, and waterfront structures giving him an understanding of how to work with diverse project types. His clients provide feedback that NCE is an effective partner and steward, understanding what is important to each community. Additionally, having worke d for many municipal clients throughout California, Ryan adds value by helping cities and counties manage and maintain their streets, roads, bicycle and pedestrian facilities, and recreation parks and trails. He applies his expertise in geotechnical and pavement engineering to infrastructure projects and paving programs from the early stages of condition surveys to providing support during construction.
Representative Projects
Annual Overlay/Rehabilitation, 2017-2018 and 2020-2021 Pavement Design and PS&E, City of San Leandro, CA. Project Manager. NCE prepared construction documents and pavement rehabilitation and reconstruction design for 23 arterial, collector, and residential streets (5 miles). NCE’s scope of work included pavement investigation and design and preparation of civi l design PS&Es for construction. Pavement design solutions included conventional and RHMA overlays, full -depth asphalt reconstruction, FDR in lieu of more expensive conventional reconstruction, and a pilot project for cold central plant recycling (CCPR) on an arterial street based on recommendations provided by NCE. Visible drainage issues were addressed, such as localized ponding in the gutter pan, the design of over 100 ADA ramps, curb and gutter repairs, and improvements to striping and pavement markings with the addition of class II and class IV bike lanes. NCE submitted and managed three encroachment permit applications with Caltrans as the project encroached on three state routes. NCE’s engineer’s estimate matched that of the winning contractor bid, indicating that NCE was able to anticipate the value of the scope of work and contractor climate.
I-80/Central Avenue Interchange Improvements , City of Richmond, CA . Project Manager. NCE is designing a CCTA Measure J funded project to improve traffic operations and reduce traffic congestion at the I-80/Central Avenue Interchange. The project Increases spacing between signalized intersections east
Education
MS, Geotechnical
Engineering, University
of California, Berkeley,
1998
BS, Geological
Engineering, Colorado
School of Mines, 1996
Registrations/
Certifications
Professional Engineer –
Civil, CA #62349
Professional Engineer –
Geotechnical, CA
#2713
Affiliations
American Society of
Civil Engineers
American Public Works
Association
Joined NCE
2005
Total Years of
Experience
28 years
314
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of I-80 by relocating a traffic signal, reconfiguring access, and constructing a new roadway through private property. Project elements include new and removed signals, PG&E Rule 20A undergrounding, street resurfacing/ and street reconstruction/ construction, lane reconfiguration, street parking reconfiguration, striping, underground utility adjustments if needed, relocation of bus stops with possible bus shelter, parking lot reconfiguration, class III bike route, landscaping and bioretention/rain gardens, new and replacement street lighting, and sidewalk, curb ramp, driveway apron, and curb and gutter improvements.
Citywide Phase 4 and 5 Street Rehabilitation Project, City of San Mateo, CA. Principal. NCE is preparing construction documents and pavement rehabilitation and reconstruction design for City’s 4th and 5th phases of their Smooth Street Program, including 40 residential sections with poor to failed pavement condition. NCE provided pavement investigation and design, and preparation of civil design PS&Es for construction in 2023 and 2024. Pavement design solutions included conventional HMA overlay, surface reconstruction and FDR. NCE prepared a comprehensive presentation to discuss existing pavement conditions, structure thickness, subgrade materials and utility depths with the City, and recommended pavement treatment options. NCE’s approach to pavement design, bid packaging, selection of treatments to maximize quantities, economies of scale, and early winter bidding has resulted in more than 40% cost savings from the City’s original paving budget.
Pavement Rehabilitation/ Maintenance and Bikeway Improvements, Presidio Trust of San Francisco, CA. Project Manager. NCE is designing the Presidio Trust’s pavement rehabilitation and maintenance project with redesign of the bicycle land network. The scope for this project includes preparing PS&Es for bidding purposes. Design elements of the project include pavement design, a roundabout, extensive modification to existing striping and markings to introduce class II and III bikeways and an advisory bike lane, roadway grading, drainage solutions and design, and a bus platform. As part of this project, NCE introduced cost-effective and sustainable pavement treatment alternatives, such as CIR that allows the AC to be recycled in-place offering up a green technology that recycles existing onsite materials, reduces costly truck trips for import of asphalt paving materials, and reduces greenhouse gases and energy usage.
The pavement design considered a number of different factors, including medians, curb reveal, depth to underlying concrete, previous overlays and fabric materials, AB thickness, and other buried obstructions, such as rail lines and recommended an appropriate pavement treatment.
Measure M Street Rehabilitation Program, City of Berkeley, CA. Project Manager. NCE implemented the City’s $30 million, multi-year street surface seal, rehabilitation and reconstruction project, one of the City’s largest projects to date. As Project Manager, Ryan managed the development of pavement design and plans, s pecifications and estimate for more than 30 miles (150 street sections) of surface seal, street rehabilitation, and reconstruction. Complete street elements included new bike lanes, intersectio n reconfigurations, new pedestrian crosswalks, storm drain improvements, and design of nearly 600 curb ramps, including pedestrian safety improvement bulbouts. NCE’s pavement design solutions offered cost savings and environmental benefits using rubberized paving products diverting tires away from landfills, use of longer lasting pavement materials, and using recycle in-place technologies.
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Jenny Van Dyke, PE – Project Manager
Using her experience in design, asset management, data collection, and project management at NCE, Jenny has experience in pavement management and design, geotechnical investigations, site development, and civil roadway design, including complete streets, green infrastructure, surface and below ground drainage and bicycle and pedestrian improvements, and has managed numerous civil design projects throughout Northern California. Jenny enjoys the opportunity to work on a variety of projects and values team collaboration, project understanding, communication, and client and project needs, resulting in a quality work product and positive experience with the project team.
Representative Projects
Annual Street Overlay and Rehabilitation 2019-21, City of San Leandro, CA.
Project Manager. NCE was contracted by the City of San Leandro to prepare construction documents and pavement rehabilitation and reconstruction design for 19 arterial, collector, and residential streets (4.0 centerline miles) for City’s 2019 Annual Street Overlay and Rehabilitation Project. Pavement design solutions included conventional and RHMA overlays, full -depth asphalt reconstruction, FDR, and a pilot project of CIR and top-down FDR based on recommendations provided by NCE. Visible drainage issues were addressed, such as localized ponding in the gutter pan, the design of over 110 ADA ramps, curb and gutter repairs, and improvements to striping and pavement markings with the addi tion of class II and class IV bike lanes, and road diet and complete streets designs. The design of traffic calming bulbouts were prepared for three streets where NCE analyzed vehicle turning capabilities and impacts to surface drainage. RRFBS, PHBs, and t raffic signal modifications were also included.
NCE submitted and managed three encroachment permit applications with Caltrans as the project encroached on three state routes. Permitting with BART and UPRR are also required as the project sites intersect with their right- of-way. NCE’s Engineer’s Cost Estimate matched that of the winning contractor bid, indicating that NCE was able to anticipate the value of the scope of work. Additionally, NCE completed similar services for the City’s 2021 -23 annual surface seal and rehabilitation program s with construction values of $9.2 million and $2.8 million, respectively, and include pedestrian and bike safety improvements and railroad coordination.
Oak Grove Road Pavement Rehabilitation – Phase 3, City of Concord, CA. Project Manager. The project included the rehabilitation of Oak Grove Road, between Treat Boulevard and the southern City limit, which is a 4 to 6 lane commuter arterial through both commercial and residential areas in the City. The project included pavement rehabilitation analysis and design and implements pedestrian and bicy cle facility striping improvements to the corridor, as indicated in the City’s Bicycle, Pedestrian and Safe Routes to Transit Plan, to achieve network connectivity. As project manager, Jenny was the primary contact with the City and coordinated the pavement design tasks and oversaw the civil design and striping design
Education
BS, Civil &
Environmental
Engineering, University
of California at
Berkeley, 2007
Registrations/
Certifications
Professional Engineer –
Civil, CA #81847
Affiliations
American Society of
Civil Engineers
American Public Works
Association
Joined NCE
2006
Total Years of
Experience
17 years
316
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improvements to meet community needs. NCE used visual surveys, pavement coring and deflection testing to analyze the pavement structure and develop recommendations such as deep mill and overlay and CIR to rehabilitate the pavement surface to address deep pavement cracking. The project reviewed and implemented opportunities to convert existing class III bike facilities to class II, where feasible, to improve user safety. Additional tasks included coordination with various stakeholders such as school, EBRPD, BPAC, and neighboring City of Walnut Creek during design. The design plans included pavement construction phasing in front of a shopping center and high school driveway, replacement of ADA curb ramps, installation of signal interconnect conduit, and replac ement of valley and curb and gutter to address localized ponding within a crosswalk. NCE prepared construction PS&E with support during bidding and construction.
13th Street Complete Streets, City of Richmond, CA. Project Manager. The City of Richmond has undertaken a complete streets project to transform an active and dangerous 4-lane roadway into a multi- modal and multi-benefit corridor. Jenny Van Dyke is serving as the project manager and overseeing the multi-faceted design team, including both landscape architecture, traffic engineering, bridge designer, and civil engineering, to take the City’s conceptual design for a complete streets and road diet into construction. Tasks include community engagement, utility coordination, drainage design, corner bulbouts, installation of RRFBs, traffic signal reconfigurations, class IV bike lanes, improved transit stops, and placemaking with landscaping improvements. Based on community and City input and in-depth analysis of existing conditions, Jenny will lead the team for the reconfiguration of the street focusing on pedestrian safety, reducing travel speeds, incorporating green infrastructure/ shade trees and designing a welcoming environment to create a vibrant pedestrian-oriented streetscape. Upon the completion of the project 13th street will become one of the City of Richmond’s first complete street projects and will transform an underserved neighborhood.
Washington Avenue Rehabilitation Project, City of Albany, CA. Project Manager. NCE assisted the City with pavement and civil design services for the reconstruction of Washington Avenue, between San Pablo and Pomona Avenues. The scope included pavement investigation and design and preparation of civil design PS&E for construction. Pavement design solutions included full -depth asphalt reconstruction and FDR. Visible drainage issues were addressed, such as localized ponding in the gutter pan, the design of all non-compliant curb ramps, removal of cross drains and valley gutter replacement, storm drain repairs, and improvements to striping and pavement markings including the addition of high visibility crosswalks.
A bioretention facility with landscaping improve ments was also designed within the Ohlone Greenway, near a BART elevated structure, to help capture and treat local runoff. NCE submitted and managed two encroachment permit applications with Caltrans and BART as the project encroached in the right-of-way.
Measure M Street Rehabilitation, City of Berkeley, CA. Deputy Project Manager. NCE implemented the City’s $30 million, multi-year street surface seal, rehabilitation and reconstruction project, one of the City’s largest projects to date. As lead civil engineer, Jenny oversaw the development of pavement design and plans, specifications and estimate for more than 30 miles (150 street sections) of surface seal, street rehabilitation, and reconstruction. Complete street elements included new bike lanes, interse ction reconfigurations, new pedestrian crosswalks, ADA compliant roadway grading, storm drain and surface drainage improvements, and design of nearly 600 curb ramps, including pedestrian safety improvement bulbouts. NCE’s pavement design solutions offered cost savings and environmental benefits using rubberized paving products diverting tires away from landfills, use of longer lasting pavement materials, and using recycle in-place technologies.
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Franz Haidinger, PE – QA/QC Manager
While serving in the military after high school, Mr. Franz Haidinger envisioned a future career that would allow him to “work in the natural environment, spending time in the field as well as the office.” In his role at NCE, he enjoys the opportunity to improve and protect the built environment, whether it’s implementing sustainable pavement technologies, creating storm water pollution prevention plans, assessing drinking water sources, or remediating contaminated soil. His clients value his ability to understand their needs, evaluate alternatives and determine the most appropriate solutions.
According to Sean Rose, Public Works Director of the Town of Woodside, “Franz is a detail- oriented engineer that does a very thorough job preparing plans and specifications. He did a great job listening to our needs and specific comments and provided thorough and concise responses. Ultimately, he provided a high-quality design, and he was a pleasure to work with.” Representative Projects
I-80/Central Bypass Road Design, City of Richmond, CA. Civil Design Lead.
The project will increase spacing between the signalized intersections east of I-80 by connecting Pierce Street and San Mateo Street, restricting Pierce Street access at Central Avenue to “right-in, right-out” only and relocating the traffic signal at Pierce Street/Central Avenue to the San Mateo Street/Central Avenue intersection. The current phase of project includes conceptual design, public outreach and determination of environmental document along with supporting technical studies. The design elements include utility undergrounding, sidewalks, and LID features like bioretention basin to improve storm water quality.
Iron Horse Nature Park and Open Space , City of Dublin, CA. Quality Assurance and Quality Control Manager. NCE’s team of landscape architects, civil engineers, hydrologists, biologists, and environmental scientists are leading the design, permitting and construction process for the conversion of an abandoned and contaminated railroad right of way into an innovative and transformative 1.5 -mile linear nature park and the improvements to the adjacent Stagecoach Park. The proposed restoration and improvements wi ll provide many different activities, features and experiences that do not exist in any of the community’s other parks. Located adjacent to an existing channelized creek and maintenance road, the park master plan envisions the elimination of the maintenance road, complete transformation, and integration of the creek into the nature park. Key features will include a 12’ wide multimodal trail, waysides, and interpretative features with educational information about the natural and cultural history of the site , shaded seating areas, native restoration plantings, stormwater infrastructure, removal and remediation of all contaminated soils and pedestrian connections to adjacent parks, schools, and neighborhoods.
OBAG 2 Street Rehabilitation, City of South San Francisco, CA. The City retained NCE to provide pavement and civil engineering design, including Caltrans E -76 authorization for construction, utility coordination, pavement and curb/gutter condition survey, pavement deflection testing, pavement coring, pavement
Education
Diplom-Ingenieur
(Equivalent of MS
degree), Civil
Engineering, University
of Natural Resources
and Life Sciences,
Vienna, Austria, 1997
Registrations/
Certifications
Professional Engineer –
Civil, CA, #64725
Affiliations
American Society of
Civil Engineers
American Public Works
Association
Joined NCE
2004
Total Years of
Experience
24 years
318
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design recommendations, PS&Es, bidding and construction support services, and Caltrans encroachment permit. It is an OBAG 2 funded program to preserve local streets and roads within the City’s priority development area. Selected streets were based on the City’s criteria of the construction budget limited to the grant amount, location within the City’s priority development area, and candidates for rehabilitation.
Civil Design and Measure K Paving Program, Town of Moraga, CA. Project Manager and Lead Civil Engineer. Responsible for the preparation of construction documents to reconstruct three streets (totaling approximately 200,000 square feet) in the Town of Moraga. FDR was chosen as the reconstruction alternative based on a comprehensive pavement and subgrade investigation. The design plans included grading plans and profiles and included drainage improvements and the design and construction of a retaining wall (soldier piles and lagging) to protect an eroding storm drain cu lvert outfall. The project included comprehensive regulatory compliance and permitting services, as well as coordination with adjacent property owners (St. Mary’s College) as some of the design elements were sited in biological sensitive areas. Key to the project success was the tight collaboration with staff responsible for the permitting and regulatory compliance tasks, incorporation of permitting requirements and mitigation measures into the design documents, and communication with Town staff and stakeholders. After passing a 1 percent sales tax in 2012 to raise approximately $8 million for streets and roads, Measure K, the Town selected NCE for a three -year, on-call contract to provide a variety of pavement -related services for this significant community project.
Via Verdi Slope Stabilization, City of Richmond, CA. Lead Civil Engineer. NCE was retained by the City to assess the extent of a substantial landslide along a section of roadway providing the only access to a residential subdivision with homes and apartment units. With continued landslide movement and distress to the roadway, NCE was tasked to design an emergency access road within a day with construction starting over the weekend and opening to traffic within one week. NCE is now developing slope stabilization alternatives for long-term repair and completing initial permitting. Once a preferred solution has been selected, NCE will move forward with design, permitting, and environmental documents.
Castro Ranch Road Rehabilitation and Complete Streets Improvements, City of Richmond, CA. Lead Civil Engineer. Improvements include pavement rehabilitation featuring CIR, digouts, road widening, median islands and pedestrian passageways, sidewalks, ADA curb ramps, median refuges, Class II bicycle facilities including green painted bicycle lane s, rectangular rapid flash beacons (RRFB), landscaping, storm drain inlet improvements, roadway regrading, and guardrails.
University/Marina/Spinnaker Street Improvement Project, City of Berkeley, CA. Project Manager. NCE was retained by the City to provide engineering and design services for the realignment and reconstruction of University Avenue between the frontage road at I -80 and Marina Blvd. at the Berkeley Marina. The eastbound lanes, featuring numerous undulation due to a settled roadbed, will be moved north to the current median, while the westbound lanes will stay in their current location. The intersection between University Avenue and Marina Blvd. will be modified to a roundabout. The road reconstruction includes FDR of the onsite soils and pavement to be overlaid by an 8-inch thick hot mix asphalt pavement.
The project design includes LID features like bio-detention basins, new street lighting, new infrastructure including a sewer and water service for a future kiosk, landscaping, irrigation, and striping. 319
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Mei-Hui Lee, PhD, PE – Technical Advisor
Dr. Mei-Hui Lee has a PhD in civil and pavement engineering and over 12 years of extensive experience in pavement design, evaluation and maintenance projects. Currently, Mei -Hui serves as Project Manager and Senior Engineer for various pavement and civil design and pavement management projects at NCE. Her clients include the Counties of Siskiyou, Mendocino, Lake, Trinity, Mariposa and Sacramento as well as multiple cities including South San Francisco, Pacifica, Belmont Sacramento, Davis, Stockton, Elk Grov e, Lincoln, and Folsom. Mei- Hui is certified by the MTC inspector certification testing program. She was also involved in trench cut study for City of Sacramento and Pacifica.
Representative Projects
Citywide Phase 4 and 5 Street Rehabilitation Project, City of San Mateo, CA.
Project Manager. NCE is preparing construction documents and pavement rehabilitation and reconstruction design for City’s 4th and 5th phases of their Smooth Street Program, including 40 residential sections with poor to failed pavement condition. NCE provided pavement investigation and design, and preparation of civil design PS&Es for construction in 2023 and 2024.
Pavement design solutions included conventional HMA overlay, surfac e reconstruction and FDR. NCE prepared a comprehensive presentation to discuss existing pavement conditions, structure thickness, subgrade materials and utility depths with the City, and recommended pavement treatment options. NCE’s approach to pavement design, bid packaging, selection of treatments to maximize quantities, economies of scale, and early winter bidding has resulted in more than 40% cost savings from the City’s original paving budget.
5-Year Pavement Preservation Program and Civil Design Services , City of Martinez, CA. Project Manager. Dr. Lee is responsible for developing a multi- year work plan, managing annual pavement resurfacing and rehabilitation projects, and providing technical supports on City’s Council meetings and Measure D workshops. As part of its 5-year work plan developed by NCE, the City allowed for pavement rehabilitation and resurfacing to be designed in advance of construction and allow for earlier bidding to obtain competitive bids. It was the City’s desire to have resurfacing and rehabilitation projects for each year, grouping and aggregating by neighborhoods for efficiency of design, construction (less mobilization), and future maintenance. More cost- effective cape seal on poor pavement condition or full depth rec lamation under failed pavement condition with base material failure to help City treat more streets within limited budgets. NCE worked with the City to update pavement strategies and conducted field reviews to verify pavement condition and design of treatments in different neighborhoods. NCE also supported City staff for Measure D workshops and City Council meetings.
Currently, NCE is providing pavement and civil design services on 2023 street surface seal and
Education
PhD, Civil Engineering,
National Taiwan
University, Taiwan,
2009
MS, Civil Engineering,
Columbia University,
New York, 2012
BS, Civil Engineering,
National Taiwan
University, Taiwan,
2002
Registrations/
Certifications
Professional Engineer –
Civil, CA #87635
MTC StreetSaver®
Rater Certification
Program
Affiliations
American Society of
Civil Engineers
American Concrete
Pavement Association
Joined NCE
2014
Total Years of
Experience
12 years
320
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rehabilitation projects (approximately $6 million construction costs) and updating the 5 -year wok plan with City’s updated construction budget.
2017, 2018-2020 South San Francisco Pavement Management Program/ 2021 Pavement Management Program, City of South San Francisco, CA. Senior Engineer/Project Manager. NCE has been providing to the City a various of pavement management services including development of a multi-year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding. In 2017 to 2021 pavement management programs, we have developed pavement design and civil design for surface seal and rehabilitation of 48 centerline miles (more than 200 sections) of City streets with a construction cost over $14 million.
In addition, NCE has modified City’s Street Saver database and updated historical maintenance and rehabilitation records to perform budget analyses and develop multi -year work plan. Recently, City’s 6 - Year Work Plan was updated based on City’s budget, rehabilitation strategy and candidate streets are grouped by maintenance zone for efficiency of design, construction (less mobilization), future maintenance, and to be able to resurface more streets with a limited pavement resurfacing annual budget.
NCE has provided pavement and civil design services for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction.
Pavement Management System Updates, Various Cities and Counties. Project Engineer. Mei -Hui has been involved with updating Pavement Management Systems (PMS) for many Cities and Counties in the Bay Area, Central Valley, and outside of California. She is responsible for the analysis and quality control of pavement distress data collection, updating maintenance and rehabilitation decision trees and the treatment unit costs, and the development of budget scenarios and summary reports. She has developed cost-effective maintenance treatments and strategies, prepared custom multiple -year detailed street maintenance plans and budget option reports, and linked GIS maps with management sections in the client’s PMS database. Some of her current/past PMS clients include:
Ada County, ID
Amador City
Amador County
Belvedere
Belmont
Benicia
Calistoga
Chula Vista
Clearlake City
Concord
Contra Costa
County
Dublin
East Bay Regional
Park Districts
Elk Grove
Fairfax
Folsom
Hayward Airport
Jackson
Lake County
Lakeport
Madera County
Mariposa County
Marin County
Monterey County
Moraga
Novato
Oakland
Placerville
Pleasant Hill
Plymouth
Rio Vista
Sacramento
Sacramento
County
San Francisco
San Rafael
Santa Cruz
Santa Rosa
Siskiyou County
South San
Francisco
Sonoma County
St. Helena
Trinity County
University of
California-Davis
Vallejo
Yuba City
Yountville
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James Signore, PhD, PE – Pavement Design Lead
Dr. James M. Signore, PE, specializes in pavement design and evaluation, rehabilitation and maintenance, materials assessment, and training. He has experience in designing pavements for many local agencies, Caltrans and for heavy vehicle loading applications at airfields and ports. He has spent years researching all types of pavement materials, having directed a state -of-the- art AMRL certified and Superpave mix design equipped research laboratory and is well versed in state and local pavement practices and specifications.
James has taught NHI’s and ASCE’s “Techniques for Pavement Rehabilitation” (including best practices for utility cuts and patches) seminars to practicing engineers for 20 years. He taught graduate courses in pavement engineering at San Jose State University and many of his former students are civil engineers at local agencies. He uses his practical and research experience, technical knowledge and teaching skills to develop an understanding of client needs and the creation of design and rehabilitation strategies that offer the client agency the leading edge in methods and materials for their pavements.
James is a Member of the Transportation Research Board Committee AFD70, Pavement Rehabilitation, AFD70-1, Pavement Interlayer Systems and the FAA Airport Pavement Technical Working Group.
James has worked on several pavement impact studies caused by different truck traffic as well as those from utility cuts e.g., City of Philadelphia. He has used a variety of rigorous technical approaches to determine these impacts such as:
Development of an experiment design to ensure that all variables affecting pavement impacts are included
Rigorous statistical analyses to ensure that results and conclusions are significant
Pavement structural analysis, including the use of deflection testing Pavement condition analysis, employing the use of pavement management data
In each case, the appropriate technical approach was selected depending on the type of study and the data available.
Representative Projects
I-80/Central Avenue Interchange Improvements, Richmond, CA. Pavement Engineer. The City of Richmond is serving as the lead agency for the I - 80/Central Avenue Interchange Improvement Project, which will improve traffic conditions along the Central Avenue interchange. 2017 to Present Pavement Management Program, City of South San Francisco, CA. Lead Pavement Engineer. NCE has been providing to the City a full range of pavement management services including development of a 5 - year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding.
Education
PhD, Civil Engineering,
University of Illinois,
Urbana-Champaign,
1998
MS, Civil Engineering,
University of Illinois –
Urbana-Champaign,
1994
BS, Electrical
Engineering, Clarkson
University, 1985
Registrations/
Certifications
Professional Engineer –
Civil, CA, #62647
Affiliations
TRB Committee AFD70,
Pavement
Rehabilitation
TRB Committee AFD70-
1, Pavement Interlayer
Systems
American Society of
Civil Engineers
Joined NCE
1999-2001, 2014
Total Years of
Experience
25 years
322
City of Dublin
Civil Engineering and Survey Services
April 12, 2024
Page | 21
To date we have developed pavement design and civil design for rehabilitation and preventive maintenance of 48 miles (more than 200 street sections) of City streets with a construction cost of over $14 million. NCE has provided pavement and civil design se rvices for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction. NCE civil and pavement engineering design services included pavement coring, curb/gutter replacement, utility coordination, curb ramp design, drainage improvements, sidewalk replacement, pavement design recommendations, PS&Es, and bidding and construction support services.
OBAG 2 Street Rehabilitation, City of South San Francisco, CA. Pavement Engineer. NCE provided pavement and civil engineering design, including Caltrans E -76 authorization for construction, utility coordination, pavement and curb/gutter condition survey, pavement deflection testing, pavement coring, pavement design recommendations, PS&Es, bidding and construction support services, and Caltrans encroachment permit. It is an OBAG 2 funded program to preserve local streets and roads within the City’s priority development area. Selected streets were based on the City’s criteria of the construction budget limited to the grant amount, location within the City’s priority development area, and candidates for rehabilitation.
Measure M Street Rehabilitation Program, City of Berkeley, CA. Lead Pavement Engineer. James is responsible for the development of pavement design and PS&E for the first phase of the project, which consists of 39 rehabilitation and reconstruction street sections and 24 surface seal street sections, replacing/retrofitting nearly 300 curb ramps, replacement of curb/gutter, intersection reconstruction, bike and pedestrian improvements, and traffic control plans.
Measure Q Street Rehabilitation and Maintenance, City of Concord, CA. Project Manager/Pavement Engineer. James managed the project and developed the rehabilitation plans for East Olivera Road and Hillsborough Drive in Concord. These streets exhibited a mix of extensive fatigue cracking and transverse thermal cracking. Tasks ranged from design and construction consulting to client interaction to budget control. The recommendations presented were CIR and FDR. FDR was selected for these streets, which were completed in November 2016. These green treatments eliminated the need for significant and costly full-depth base repairs.
On-Call Pavement Engineering, California Department of Transportation, Statewide, CA. Project Manager. James manages the pavement on -call contract with Caltrans and is responsible for all contractual and project management activities. Major task orders emphasize asphalt and concrete pavement performance and evaluation for all types of pavement issues such as a comparison of ARHM and conventional HMA performance, HMA smoothness specifications, and polyester inlay materials evaluation. He provided technical g uidance on the selection and testing of joint filler and spall repair materials and acted as a construction methods assessor on the installation of precast concrete slabs. He wrote, reviewed, or edited numerous interim and final reports including those dealing with continuously reinforced concrete, rapid set concrete, concrete inlay hardeners, and concrete flexural strength.
Pavement Rehabilitation Project, Concord, CA. Project Manager and Pavement Engineer. James managed the project and developed the rehabilitation plans for East Olivera Road and Hillsborough Drive in Concord. These streets exhibited a mix of extensive fatigue cracking and transverse thermal cracking.
Tasks ranged from design and construction consulting to client interaction and budget control. The recommendations presented were CIR and FDR. FDR was selected for these streets that were completed in November 2016. These green treatments eliminated the need for significant and costly full-depth base repairs.
323
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Debaroti Ghosh, PhD, EIT – Pavement Design
Dr. Debaroti Ghosh is highly skilled in asphalt material characterization, material rheology assessment, pavement management system, construction material lab testing, non -destructive and accelerated pavement testing. Her non-destructive pavement testing experience includes using GPR, rolling density meter and falling weight deflectometer. Debaroti is proficient in pavement design, soil -mechanics, pavement preservation, concrete pavement evaluation, earthquake engineering and pavement distress identifications. She has experience in rigorous data analysis and structural analysis (empirical and mechanistic -empirical). She currently serves as a Project Engineer for complex p avement management, maintenance, rehabilitation, design, and planning projects. Additionally, she is certified by the MTC to perform pavement distress inspections.
Representative Projects
Annual Overlay/Rehabilitation, 2017-2018 and 2019-2021 Pavement Design and PS&E, City of San Leandro, CA. Project Engineer. NCE prepared construction documents and pavement rehabilitation and reconstruction design for 23 arterial, collector, and residential streets (5 miles). NCE’s scope of work included pavement investigation and design and preparation of civil design PS&Es for construction. Pavement design solutions included conventional and RHMA overlays, full -depth asphalt reconstruction, FDR in lieu of more expensive conventional reconstruction, and a pilot project for CCPR on an arterial street based on recommendations provided by NCE.
Visible drainage issues were addressed, such as localized ponding in the gutter pan, the design of over 100 ADA ramps, curb and gutter repairs, and improvements to striping and pavement markings with the addition of class II and class IV bike lanes. NCE submitted and managed three encroachment permit applications with Caltrans as the project encroached on three state routes. NCE’s engineer’s estimate matched that of the winning contractor bid, indicating that NCE was able to anticipate the value of the scope of work and contractor climate.
PTAP Round 22, Metropolitan Transportation Commission, Oakland, CA.
Pavement Design. NCE is providing engineering services to the City of Oakland who received a PTAP22 Grant from the Metropolitan Transportation Commission (MTC) to update its StreetSaver® pavement management program (PMP). The StreetSaver® database was last updated in 2018, just as the impacts of Measure KK were being realized. Since that time, the City has embarked on an ambitious paving schedule, and this update will assist the City in evaluating the progress made since then. In addition, the City will identify streets for a patching program (estimated at $1 million annually) based on the data collected. NCE is updating the pavement condition data on the entire street pavement network, updating maintenance and rehabilitation (M&R) history, updating the M&R decision tree,
Education
PhD, Civil Engineering,
University of
Minnesota, Twin Cities,
2018
MS, Civil Engineering,
University of
Oklahoma, 2014
BS, Civil Engineering,
Bangladesh University
of
Engineering/Technolog
y, 2010
Registrations/Certifica
tions
MTC StreetSaver®
Rater Certification
Program
Affiliations
American Society of
Civil Engineers
Women in
Transportation
Engineering
Association of Asphalt
Pavement Technology
Joined NCE
2018
Years of Experience
5 years
324
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performing budget analyses and preparing a Budget Options Report. In addition to MTC’s requirements, NCE is developing a two -year patching plan, as well as inspecting 18,000 curb ramps and approximately 1,126 miles of sidewalks to determine ADA compliance status and mapped onto a geodatabase. 2018 to Present Pavement Management Program, City of South San Francisco, CA. Project Engineer. NCE has been providing to the City a full range of pavement management services including development of a 5-year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding.
To date we have developed pavement design and civil design for rehabilitation and preventive maintenance of 48 miles (more than 200 street sections) of City streets with a construction cost of over $14 million. Starting in 2017 to present for the City’s Pavement Management Program NCE has provided pavement and civil design services for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction. NCE civil and pavement engineering design services included pavement coring, curb/gutter replacement, utility coordination, curb ramp design, drainage improvements, sidewalk replacement, pavement design recommendations, PS&Es, and bidding and construction support services.
Develop 5 Year Rehabilitation and Maintenance Plan, Contra Costa County, CA. Project Engineer.
Debaroti conducted field reviews and updated Pavement Management Program (PMP) for Contra Costa County. This included updating maintenance and rehabilitation decision trees and the treatment unit costs, development of budget scenarios and summary reports, preparation of a 5 -year treatment plan.
Debaroti developed a 5-years road maintenance and rehabilitation plan for the County.
Various Road Rehabilitation Projects, Various Cities and Counties, CA. Project Engineer. Debaroti designed the structural section of various streets all over California. The design usually included field evaluation using detailed pavement visual assessment, non-destructive testing using FWD, and coring with dynamic cone penetrometer testing and lab test results of existing pavement road base and subgrade soils. Using the data obtained from the detailed field evaluation and laboratory testing, Dr.
Ghosh performed pavement analysis and design to develop pavement treatment recommendations.
Several analytical approaches were used to explore and assess efficient pavement designs for each road segment. The use of green recycling pavement technologies, such as CIR that has both cost and environmental benefits and is less disruptive to traffic than conventional mill and overlays were evaluated as options for the recommended treatments. Some projects are listed below.
Project Name Agency
Centerline
Miles
Castro Ranch Road Rehabilitation Project City of Richmond, CA 1.6 2020 Street Reconstruction Project City of Belmont, CA 1.6 Pavement Rehabilitation 2019 SB1 City of Sunnyvale, CA 4.0 2018-2 021 Pavement Rehabilitation City of South San
Francisco, CA 7.0
2020 Pavement Rehabilitation Project Town of Moraga, CA 1.6 RMRA Mitigation-Funded Road Repair Projects Tuolumne County, CA 12.5 County Road 31 and County Road 32 Pavement
Design Yolo County, CA 7.7
2019 Annual Street Overlay and Rehab City of San Leandro 3.0
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Gail Ervin, PhD – CEQA/NEPA Lead
Gail Ervin, PhD, has more than 35 years of experience in environmental assessment and planning, facilitation, and public dispute resolution, as both agency staff and consultant. She specializes in transportation and municipal infrastructure projects, downtown commercial and affordable housing development, adaptive reuse of historic buildings, and brownfield redevelopment, with special expertise in downtown and neighborhood revitalization. Additionally, Gail has served in numerous community and international positions, including as a Sacramento County Project Planning Commissioner, Association of Environmental Professionals State Board member, and US Representative to the World Mediation Forum. This professional experience uniquely complemented by her active civic involvement provides a thorough understanding of project analysis for both locally (CEQA) and federally funded (NEPA) projects, public dispute resolution, public policy development, project management, public outreach, and development review from all perspectives.
Representative Projects
I-80/Central Avenue Interchange Improvement, City of Richmond, CA .
Environmental Compliance Lead/CEQA/NEPA Task Manager. The I -80 Interchange at Central Avenue has several traffic operations and public safety challenges associated with its current configuration. The City of Richmond, in partnership with Caltrans, proposes to implement roadway and traffic light improvement to address these issues. NCE is providing environmental compliance and permitting for the project under the Local Assistance Program through Caltrans District 4. NCE prepared the Preliminary Environmental Study (PES), obtained concurrence from Caltrans District 4 Environmental Staff and then conducted field investigations and technical studies for biological and cultural resources, hazardous materials, noise, air quality, water quality, hydrology, visual resources, and traffic. The cultural resources investigation included an Extended Phase 1 Archaeological Resources investigation (XPI) and the results of the Phase I Environmental Site Assessment (ESA) for hazardous materials required implementing a comprehensive Phase II ESA. NCE is leading the preparation of the CEQA Initial Study and environmental document.
Iron Horse Nature Park and Open Space , City of Dublin, CA . Environmental Compliance Oversight (CEQA). Gail was involved in scoping, environmental strategy, and will QC documents for this project. NCE’s team of landscape architects, civil engineers, hydrologists, biologists, and environmental scientists are leading the design, permitting and construction process for the conversion of an abandoned and contaminated railroad right of way into an innovative and transformative 1.5 -mile linear nature park and the improvements to the adjacent Stagecoach Park. The proposed restoration
Education
PhD, Human Sciences,
Specialization in
Transformative Social
Change/ International
Peace and Conflict
Resolution, Saybrook
University, 2015
MA, Environmental
Planning, Consortium
of the California State
University, 1988
BA, Social Ecology,
University of California,
Irvine, 1978
Certifications
Certificate,
International Peace
and Conflict
Resolution, Saybrook
University, 2011
Certificate,
Environmental
Planning, University of
California, Irvine
Extension, 1977
Joined NCE
2018
Total Years of
Experience
35 years
326
City of Dublin
Civil Engineering and Survey Services
April 12, 2024
Page | 25
and improvements will provide many different activities, features and experiences that do not exist in any of the community’s other parks. Located adjacent to an existing channelized creek and maintenance road, the park master plan envisions the eliminatio n of the maintenance road, complete transformation, and integration of the creek into the nature park. Key features will include a 12’ wide multimodal trail, waysides, and interpretative features with educational information about the natural and cultural history of the site, shaded seating areas, native restoration plantings, stormwater infrastructure, removal and remediation of all contaminated soils and pedestrian connections to adjacent parks, schools, and neighborhoods.
Berkeley University/Marina/Spinnaker Street Improvement MND , City of Berkeley, CA . Environmental Project Manager. NCE led the integrated civil design and environmental review (CEQA) and permitting for this high visibility local road improvement project. The project included the realignment and reconstruction of University Avenue to move off the old pier structure, with a roundabout connection at Marina, resurfacing and potential realignment of Marina with potential parking improvements, resurfacing of Spinnaker with pedestrian enhancements, and green infrastructure parking improvements.
Although the City initially requested three separate scopes of work, based on public understanding of the project, NCE recommended a merged environmental review that protects the City, provides comprehensive information and greater transparency for decision makers and the public, provides greater flexibility for construction timing, and saved the City money. Once technical studies and an initial study were coordinated with design to ensure no environmental impacts would occur in this sensitive location, the project was able to be categorically exempted from CEQA.
Walnut Creek Flow Trail, City of Walnut Creek, CA. Project Manager The Lime Ridge Regional Recreational Area is located on the eastern edge of Walnut Creek on a dominant ridge leading to Mount Diablo and contains some of the last remaining chaparral in Walnut Creek and a rich diversity of plant and animal life.
Currently, mountain bikers are creating unauthorized flow trails through sensitive habitat. The City’s objective is to create a mountain bike flow trail in less sensitive habitat that meets the terra in-induced, roller coaster experience with little pedaling and braking necessary that mountain bikers are seeking. NCE is conducting botanical surveys, aquatic resources delineation, Native American consultation, and CEQA review for the proposed trail route. Based on the analysis, the City is designing the creek crossing to avoid impact to wetlands. The initial study review is anticipated to result in a Mitigated Negative Declaration.
Gail is managing the completion of technical studies and the CEQA process.
Shannon Road Repair Project , Town of Los Gatos, CA . Principal. NCE has provided civil engineering, pavement engineering, environmental (CEQA NOE and supporting biological and cultural resource evaluations), and geotechnical engineering for the development of concept repair alternatives and construction documents for the reconstruction of a portion of Shannon Road to stabilize the roadway embankment. The section of roadway has been experiencing ongoing slope creep and movement resulting in pavement cracking and settlement issues and has required ongoing maintenance by the County and the Town. These road failures are primarily due to slope creep from an over- steepened roadway and improperly constructed embankment. The repair design including includes addition of a stabilizing soldier pile and lagging wall, reconstruction of the roadway with changes to cross slopes and limited roadway widening, replacement and improvements to the concrete metal pipe cross drain, and installment of a new Midwest guardrail system.
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Cord Hute – Biological and Aquatic Resources,
Permitting
Cord Hute has 26 years of experience in environmental permitting, planning, biological surveys, biological monitoring, and project management. His expertise includes environmental planning and project permitting; aquatic and terrestrial ecological surveys; endangered species surveys; EIRs and EISs under CEQA and NEPA; Biological Assessments and Environmental Assessments; environmental oversight/monitoring of construction projects; state and federal Endangered Species Act consultations; wetland delineation and permitting; and wetland mitigation. He has provided services to both the private and public sectors — including telecommunications, utilities, oil and gas, public transportation projects, and residential and commercial development.
Cord has adeptly handled planning, permitting, and construction monitoring projects throughout California, Nevada, Utah, Arizona, and New Mexico. He has managed and prepared innumerable environmental documents required to satisfy local, state, and federal agencies. And he has consulted and successfully negotiated with a variety of agencies, including the U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), Bureau of Land Management (BLM), NOAA Fisheries, California Department of Fish and Wildlife, California RWQCB, California State Lands Commission, California Public Utilities Commission, and the San Francisco Bay Conservation and Development Commission (BCDC).
Representative Projects
I-80/Central Avenue Interchange Improvement, City of Richmond, CA. Senior Biologist. The I -80 Interchange at Central Avenue has several traffic operations and public safety challenges associated with its current configuration. The City of Richmond, in partnership with Caltrans, proposes to implement roadway and traffic light improvement to address these issues. NCE is providing environmental compliance and permitting for the project under the Local Assistance Program through Caltrans District 4.
NCE prepared the Preliminary Environmental Study (PES), obtained concurrence from Caltrans District 4 Environmental Staff and then conducted field investigations and technical studies for biological and cultural resources, hazardous materials, noise, air quality, water quality, hydrology, visual resources, and traffic. The cultural resources investigation included an Extended Phase 1 Archaeological Resources investigation (XPI) and the results of the Phase I Environmental Site Assessment (ESA) for hazardous materials required implementing a comprehensive Phase II ESA. NCE is leading the preparation of the CEQA Initial Study and environmental document.
Iron Horse Nature Park and Open Space , City of Dublin, CA. Environmental Services Program Manager.
Cord managed the implementation of the environmental studies (biological, aquatics, cultural, and hazardous materials contamination), the preparation and submittal of regulatory permit applications (CDFW Lake and SAA, RWQCB Section 401 permit, and USACE Nationwide 14 permit), and consultation with regulatory agencies to successfully secure environmental permits for the project. NCE’s team of landscape architects, civil engineers, hydrologists, biologists, and environmental scientists are leading the
Education
BS, Biology/
Environmental Science,
University of Dubuque,
1995
Joined NCE
2022
Total Years of
Experience
26 years
328
City of Dublin
Civil Engineering and Survey Services
April 12, 2024
Page | 27
design, permitting and construction process for the conversion of an abandoned and contaminated railroad right of way into an innovative and transformative 1.5 -mile linear nature park and the improvements to the adjacent Stagecoach Park. The proposed restoration and improvements will provide many different activities, features and experiences that do not exist in any of the community’s other parks.
Fire Damage Recovery Paving Project , Sonoma County, CA . Senior Biologist. NCE is providing environmental review services on Sonoma County’s (County) Fire Damage Recovery Paving Project – Phase II (project) located in Sonoma County, California. NCE was responsible for completing cultural and biological resources investigations and CEQA review and is supporting the County during construction.
Our team worked closely with County staff to ensure the project would stay within the threshold of a CEQA CE. NCE prep ared an archaeological and biological inventory of a 236 -acre APE that identified 20 cultural resources and special status species and habitats within or adjacent to the APE; Cord was the lead biologist preparing the biological resources technical memorandum and worked with the County to define appropriate construction avoidance measures. NCE proactively made recommendations to protect or avoid resources that included specifying avoidance zones within the design plans, removal of non- essential project eleme nts, or modifications to the design to avoid resource impacts. The project was determined to be categorically exempt per CEQA Guidelines Sections 15300 -15333 and NCE prepared a Notice of Exemption and Administrative Record for the County.
Via Verdi Emergency Response Slope Stabilization and Culvert Replacement , City of Richmond, CA .
Senior Scientist. Cord is serving as the CDFW qualified biologist for site restoration activities and is managing the implementation of regulatory permit conditions and requirements during the restoration of vegetation communities onsite, including implementation of the SWPPP, pre -construction biological surveys, and environmental monitoring of site construction activities. The project included the replacement and new construction of a large culvert on San Pablo Creek (W=26’; H=19’) in 2 phases. Phase 1 was initiated due to a sinkhole that collapsed unexpectedly on Via Verdi near El Portal Drive. The collapse occurred within a portion of a very large, oval shaped corrugated metal pipe culvert. The City declared this event a local state of emergency due to implications to street infrastructure, utilities, critical habitat, San Pablo Creek and access to nearby communities. Subsequently, Phase 2 was initiated several years later due to a 300 -foot-long landslide that developed upstream from the culvert headwall that also rendered adjacent Via Verdi unsafe. Both occurrences threatened to cut off the only access (i.e., Via Verdi) to 85 residencies and 2 large apartment complexes. NCE completed all engineering, permitting and regulatory compliance services for both phases. Our environmental services included agency consultations, biological and cultural resource assessments, aquatic resource delineations, Section 7 consultation with the USFWS, CEQA and NEPA documents, and permitting with the USACE, CDFW, and RWQCB. The 404 permit was an Individual Permit requiring a complete alternatives analysis and approval.
Point Molate Beach Park Erosion Assessment , City of Richmond, CA. Senior Biologist. The Point Molate area is a key coastal resource for the City of Richmond. A section of coastline at a City park began to erode at a rate that undermined a City road, created a public safety issue and could lead to delays for a planned bike path unless addressed. NCE is completing the planning, permitting and design for the coastal erosion and park improvements. NCE completed technical studies to support CEQA, consultations ( ESA Section 7 and NHPA Section 10) and Clean Water Act (CWA) Section 404/401, Rivers and Harbors Act Section 10, and Bay Conservation and Development Commission permits. NCE is proactively working with regulatory and permitting agencies to provide the appropriate design that can be implemented at the earliest possible time to stop the erosion and restore footing for the planned bike path. 329
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Mary Horvath, PE, CFM, QSP – Hydrology and
Hydraulics Lead
Mary Horvath, PE, CFM, QSP, has more than 29 years of experience in water resources and floodplain management, 23 within the Northern Nevada region. She has expert understanding of the hydraulics of riverine environments. Mary has managed or been the technical lead on numerous successful multi
-disc
ipline projects for public entities throughout the
Northern California and Nevada region. She has participated in several successful projects with responsibility for presenting highly technical evaluations to people within and outside the water resources field.
Representative Projects
I-80/Central Avenue Interchange Improvement, Contra Costa Transportation Authority (CCTA) and City of Richmond, CA . Lead Hydraulic Engineer. Improvements will be completed as two separate projects in an effort to improve traffic congestion in the I -580/I-80 Central Avenue area.
Through the use of multiple electronic variable message signs, the first project will redirec t I -80 westbound on- ramp traffic during weekend peak periods to I -580. The second project will improve signalized intersection spacing along Central Avenue by connecting Pierce Street and San Mateo Street, converting Pierce Street access at Central Avenue to “right -in, right- out,” and relocating the traffic signal at Pierce Street/Central Avenue to the San Mateo Street/Central Avenue intersection. Mary is responsible for the analysis of the hydrologic and hydraulic conditions of the site in order to inform the design for storm water management.
Iron Horse Nature Park and Open Space , City of Dublin, CA .
Hydrologic/Hydraulic Task Lead. Mary is completing the hydrologic analysis for culvert crossings in the trail design and the stormwater analysis for the project. NCE’s team of landscape architects, civil engineers, hydrologists, biologists, and environmental scientists are leading the design, permitting and construction process for the conversion of an abandoned and contaminated railroad right of way into an innovative and transformative 1.5- mile linear nature park and the improvements to the adjacent Stage coach Park. The proposed restoration and improvements will provide many different activities, features and experiences that do not exist in any of the community’s other parks. Located adjacent to an existing channelized creek and maintenance road, the park master plan envisions the elimination of the maintenance road, complete transformation, and integration of the creek into the nature park. Key features will include a 12’ wide multimodal trail, waysides, and interpretative features with educational information about the natural and cultural history of the site, shaded seating areas, native restoration plantings, stormwater infrastructure, removal and remediation of all contaminated soils and pedestrian connections to adjacent parks, schools, and neighborhoods.
Education
MS, Hydrology,
University of Nevada,
Reno, 1996
BA, Geology, Smith
College, 1990
Registrations/
Certifications
Professional Engineer –
Civil, CA #74433
Certified Floodplain
Manager (ASFPM:
US05-01731)
Qualified Stormwater
Pollution Prevention
Plan Preparer (QSP) –
CA #22855
Affiliations
American Society of
Civil Engineers
Floodplain
Management
Association
Association of State
Floodplain Managers
Joined NCE
2017
Years of Experience
29 years
330
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Page | 29
Marina Streets Improvement Project , City of Berkeley, CA . Lead Hydrologist/Hydraulic Engineer. Mary led the analysis and design of drainage improvements and storm water facilities including the infiltration features. The streets that service the Berkeley Marina, a popular public amenity, are dilapidated and frequently flood with stormwater. To counter this, the City of Berkeley is conducting a series of improvement projects to address the structural, aesthetic and drainage issues of the roadways. NCE is leading the integrated civil design and environmental review and permitting for these projects that include the realignment/reconstruction of University Avenue, Marina Boulevard, and Spinnaker Way, construction of a roundabout connection at the intersection of University Avenue with Marina Boulevard, parking improvements, pedestrian circulation and safety enhancements, new drainage facilities, and green infrastructure and pervious parking treatment to reduce stormwater runoff to the bay. The design addressed sea level rise and resiliency, cultural resources, green infrastructure, and public access.
Los Gatos Stormwater Master Plan, Town of Los Gatos, Los Gatos, CA . Technical Lead. The Town of Los Gatos, located in the foot hills of Silicon Valley, needed a prioritized list of Capital Improvement Program (CIP) projects to address chronic flooding and maintenance issues. The Stormwater Master Plan (SWMP) Update, which NCE completed for the Town in early 2021, included the delineation of priority areas, a data collection effort to inventory the Town’s drainage infrastructure, an update of the Town’s exis ting geodatabase with the collected data, a hydrologic and hydraulic analysis analyses to characterize drainage deficiencies in the priority areas, and the identification, conceptual design and cost estimates for CIP projects to address drainage issues. Mary was the main point of contact with the Town and led all technical aspects of the project including data collection, hydrologic and hydraulic analysis, and the preparation of the Stormwater Master Plan Update.
Rumrill Boulevard Complete Streets and Green Infrastructure, City of San Pablo, CA. Stormwater Design Lead. Mary led the design of the stormwater and drainage facilities. NCE designed a 2.5 -mile-long complete streets project along Rumrill Boulevard with an estimated construction value of $15 million. This Community-based design process f ocused on transforming the street into a safe and friendly place for people and business by improving conditions for walking, bicycling, and transit. The project adds Class IV bikeways in both directions of travel. Additional key project elements include landscape buffers, widened bus stop landings, increased parking, and video detection at traffic signals for vehicles and bicycles. In addition, the project includes LID design and bioretention basins, landscaping improvements, curb extensions/bulbouts, sidewalk widening, crosswalk improvements with rectangular rapid flashing beacons, median refuges bus stop shelters, expanded street lighting, ADA concrete and roadway improvements (curb ramps, sidewalks, driveways, medians, and regrading pedestrian roadway crossings), drainage improvements, trail crossings, wayfinding signs, pedestrian and street lighting. Mary led the design of the stormwater and drainage facilities.
2018 Resurfacing Program, City of Albany, CA. Drainage Design. NCE developed construction documents for a surface seal program, covering 20 streets throughout the northern half of the City. The program included residential and collector streets in fair to poor condition with improvements such as extensive base repairs, crack sealing, slurry seals, rubberized cape seal, and striping. The project also completed the remaining bike route and pedestrian cross ing striping and signage updates from the City’s Active Transportation Plan. NCE’s engineer’s estimate was in line with the multiple bids received, with the winning bidder 10% lower than NCE’s construction estimate. Mary supported the drainage and stormwater design.
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Matthew Gaber, PLA – Landscape Architect Lead
Over a 30- year career, Matthew Gaber, PLA, has developed a wide perspective on traditional and emerging areas of practice. He is recognized for the creation of bold, thoughtful solutions to complex problems for varied clientele across a spectrum of sites. Throughout his career M atthew has sought work which is environmentally and socially responsible, with a strong focus on client service and relationships. He brings this approach and passion to each new project. Matthew has focused his career on providing professional services to public agencies and non- profit developers, working on a wide range of sites and housing types from single family residential, to townhouses to apartments and multi-story residential towers.
Representative Projects
Central Avenue at Interstate-80 Local Road Improvement and Re-alignment Project, City of Richmond, CA. Landscape Architect. The City of Richmond is served as the lead agency for the I -80/Central Avenue interchange that will improve traffic conditions. The project will increase spacing between the signalized intersections east of I -80 by connecting Pierce Street and San Mateo Street, restricting Pierce Street access at Central Avenue to “right in, right out” only, and relocating the traffic signal at Pierce Street/Central Avenue to the San Mateo Street/Central Avenue intersection. NCE is providing civil and is the environmental lead responsible for CEQA compliance, including working with the Caltrans Local Assistance Division to address potential environmenta l impacts. NCE will prepare the complete initial site investigations and technical studies necessary to develop a concept design for public outreach, starting right-of-way acquisition communications and discussions, and determining the level of NEPA and CE QA compliance required to obtain the necessary environmental clearance for the project.
NCE will complete additional investigations, the NEPA and CEQA documents, and construction documents for bidding and construction.
Iron Horse Nature Park and Open Space , City of Dublin, CA . Principal Landscape Architect. Matthew has been involved in all phases of this project from an initial feasibility study to the construction documentation. He has been a critical team member guiding civil engineers, landscape architects, biologists and scientists on the implementation of a transformative vision of this former railroad right of way into a park focused on the natural flora and fauna, cultural history and environmental phenomenon of the site. NCE’s team of landscape architects, civil engineers, hydrologists, biologists, and environmental scientists are leading the design, permitting and construction process for the conversion of an abandoned and contaminated railroad right of way into an innovative and transformative 1.5-mile linear nature park and the improvements to the adjacent Stagecoach Park. The proposed restoration and improvements will provide many different activities, features and experiences that do not exist in any of the community’s other parks. Located adjacent to an existing channelized creek and maintenance road, the park master
Education
MA, Landscape
Architecture, Harvard
Graduate School of
Design, Cambridge,
MA, 1995
BA, Landscape
Architecture,
University of California,
Berkeley, 1987
Registrations/
Certifications
Professional Landscape
Architect, CA #3740
Registered Landscape
Architect, Nevada
#1045
Affiliations
Council of Landscape
Architects – Certified
Landscape Architect
Joined NCE
2019
Years of Experience
32 years
332
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plan envisions the elimination of the maintenance road, complete transformation, and integration of the creek into the nature park. Key features will include a 12’ wide multimodal trail, waysides, and interpretative features with educational information about the natural and cultural history of the site, shaded seating areas, native restoration plantings, stormwater infrastructure, removal and remediation of all contaminated soils and pedestrian connections to adjacent parks, schools, and neighborhoods.
Hesperian Boulevard Complete Streets and Median Renovation , City of San Leandro, CA . Principal Landscape Architect. Matthew is leading the urban design, streetscape and planting design for the transformation of Hesperian Boulevard into a pedestrian and bicycle friendly street graced with shade trees and green infrastructure. Focus has been placed on the design of class IV bicycle facility, new street trees and the revegetation of the medians with drought tolerant, signature trees. The City of San Leandro, as part of a road diet and complete streets project will be renovating the medians and adding street tree islands to transform this arterial into a multi-modal pedestrian scaled street. Key project tasks include the inventory and analysis of existing trees within the medians to determine the feasibility of preservation, the creation of a zero-maintenance xeriscape and the placement of tree islands to provide a living buffer between automobiles and bicyclists. The design process initiated with a detailed inve ntory of existing conditions including utility locations, topography, boundaries, Railroad crossing requirements and existing irrigation infrastructure. Using the background information gathered by the civil engineering staff, NCE’s landscape architects created multiple options for the renovation of the medians, including visualizations to assist key stakeholders understand the proposed physical and aesthetic changes to the streetscape.
Upon gaining approvals NCE’s landscape architects are currently creatin g construction documents including tree preservation, planting, and irrigation plans.
Marina Streets Reconstruction, City of Berkeley, CA. Landscape Architect. NCE was retained by the City to provide engineering and design services for the realignment and reconstruction of University Avenue between the frontage road at I -80 and Marina Blvd. at the Berkeley Marina. The eastbound lanes, featuring numerous undulation due to a settled roadbed, will be moved north to the current median, while the westbound lanes will stay in their current location. The intersection between University Avenue and Marina Blvd. will be modified to a roundabout. The project design includes LID features like bio - detention basins, new street lighting, new infrastructure including a sewer and water service for a future visitor kiosk, landscaping, irrigation, and striping. Marina Boulevard received an ARHM mill and ov erlay with shoulder drainage re-grading. Spinnaker Way was reconstructed with FDR and an HMA overlay, and a comprehensive re-design of the existing storm drain system to improve water quality and reduce local flooding. This included a new on- street parking system designed to retain the first 10 -year design storm and a bioretention traffic circle with plantings.
Hillcrest Park Green Infrastructure and Trash Capture, City of Concord, CA. Principal Landscape Architect.
The City of Concord received a grant from Caltrans to incorporate green infrastructure into Hillcrest Park to mitigate stormwater impacts from the expansion of Highway 4 and 242 in Concord CA. Matthew Gaber is leading the site planning and construction documentation for the integration of stormwater trash capture devices and bioretention facilities into this multi-use community park. The focus is on seamlessly integrating the bioretention and stormwater infrastructure into the park while maintaining and enhancing existing activities, the character and features of the park such as sports fields, play areas and regional trails within the framework of Caltrans grant requirements.
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Maria Paola Murillo – Civil Engineer
Paola has been involved in numerous complex civil design projects for rehabilitation and reconstruction street programs that include field data collection, base repairs, roadway striping design, new curb ramps, curb and gutter repairs, sidewalk repairs, and bike and pedestrian improvements. She is also highly proficient in various computer -aided design and drafting software and equipment, such as AutoCAD, ArcGIS, Solid Works, Microsoft Office, OpenPave, EverFE, and MATLAB. Her experience also includes technical writing as well as literature review.
Representative Projects
2019-21 Annual Street Overlay and Rehabilitation, City of San Leandro, CA.
Staff Engineer. In 2018, NCE was contracted by the City of San Leandro to prepare construction documents and pavement rehabilitation and reconstruction design for 23 arterial, collector, and residential streets (5 miles) for the 2019 -21 contract. NCE’s scope of work included pavement investigation and design and preparation of civil design PS&Es for construction. Pavement design solutions included conventional and RHMA overlays, full- depth asphalt reconstruction, FDR in lieu of more expe nsive conventional reconstruction, and a pilot project for cold central plant recycling on an arterial street based on recommendations provided by NCE.
NCE was selected again to provide these services for the 2021- 23 contract with an estimated construction value between $7.0 to $10.0 million.
Pavement Rehabilitation and Maintenance Design, Presidio Trust, San Francisco, CA. Staff Engineer. NCE designed the Presidio Trust’s pavement rehabilitation and maintenance project throughout the Presidio Trust campus including a substantial portion of the bicycle lane network.
The scope for this project included preparing plans, specifications, and cost estimates for bidding purposes. Design elements of the project include pavement design, a roundabout, extensive modification to existing striping and markings to introduce class II and III bikeways and an advisory bike lane, roadway grading, drainage solutions and design, and a bus platform. As part of this project, NCE introduced cost- effective and sustainable pavement treatment alternatives, such as CIR that allows the asphalt concrete to be recycled in -place offering up a green technology that recycles existing onsite materials, reduces costly truck trips for import of asphalt paving materials, and reduces greenhouse gases and energy usage.
The pavement design considered a number of different factors, including medians, curb reveal, depth to underlying concrete, previous overlays and fabric materials, AB thickness, and other buried obstructions, such as rail lines and recommended an appropriate pavement treatment. 2022 West of 101 Pavement Rehabilitation, City of South San Francisco, CA. Staff Engineer. NCE is providing engineering and design services to facilitate a rehabilitation project of all eligible streets west of 101. The 2022 West of 101 Pavement Rehabilitation Project’s goal is to perform deferred maintenance west of 101, outside of the annual surface seal program. The City is responsible for the maintenance and repair of approximately 140 centerline miles, comprised of 33 arterial miles, 39 collector miles , and 68 residential miles. The City utilizes a program of slurry seals, overlays and surface reconstruction as maintenance and rehabilitation strategies. West of US101 there are approximately 123 centerline miles,
Education
BS Civil Engineering
with a minor in
Construction
Engineering and
Management,
University of California,
Davis, 2018
Joined NCE
2019
Total Years of
Experience
3 years
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comprised of 23 arterial miles, 35 collector miles, and 65 residential miles. Every two years the City surveys the streets and enters the data into the South San Francisco PMP StreetSaver® database program. NCE is responsible for project management, pavement rehabilitation design, PS&E, and bidding and construction support services.
Yellow Brick Road Complete Streets, City of Richmond, CA. Staff Engineer. Improvements include curb extensions/bulbouts, sidewalks, ADA curb ramps, median refuges, trail crossings, Class II bicycle facilities, wayfinding signs, pedestrian lighting, landscaping, roundabouts, speed tables, raised intersections, rapid flashing beacons, back-in parking, and green painted bicycle lanes to create safe walkways and bikeways. 2021-2022 Pavement Resurfacing Program, City of Pacifica, CA. Staff Engineer. NCE has developed 5-Year work plan for the City with surface seal and rehabilitation projects based on City’s SB1 funding, as well as pavement management database review and unit cost update. Field reviews were performed to verify pavement condition and treatments to finalize the work plan. NCE then scheduled field calibration meeting with City staff to discuss various surface seal applications and base repair criteria. Cost effec tive cape seal with leveling courses were designed on residential streets with lower PCI to prevent water from damaging pavement and help resisting reflective cracking. As part of this project, NCE civil and pavement engineering design services included pavement coring, curb/gutter replacement, utility coordination, curb ramp design, drainage improvements, pavement design recommendations, PS&Es, and bidding and construction support services.
Point Molate Beach Park Erosion Assessment , City of Richmond, CA . Staff Engineer. The City retained NCE to provide engineering services to restore a section of shoreline at the Point Molate Beach Park.
Ongoing and unmitigated erosion over the past 40 years has removed a significant portion of the beach park and a portion of Burma Road, the access road to Point Molate. The NCE team prepared an erosion assessment and alternatives study to determine cost- effective shore restoration measures that could be permitted. The alternatives include a piled wall and rock revetment. NCE is working with regulatory and permitting agencies to provide the appropriate design that can be implemented at the earliest possible time to stop the advancing beach erosion at the site. The presence of natural and cultural resources in the project area plays an important role in the decision of the most suitable alternative. 2021 PMP Pavement Rehabilitation, City of South San Francisco, CA . Staff Engineer. NCE has been providing to the City a various of pavement management services including development of a multi -year Paving Work Plan, updating the City’s maintenance and rehabilitation decision tree, evaluating alternative pavement treatment technologies, and development of construction documents for bidding. In 2017 to 2021 pavement management programs, we have developed pavement design and civil design for surface seal and rehabilitation of 48 centerline miles (more than 200 sections) of City streets with a construction cost over $14 million. In addition, NCE has modified City’s Street Saver database and updated historical maintenance and rehabilitation records to perform budget analyses and develop multi- year work plan.
Recently, City’s 6 -Year Work Plan was updated based on City’s budget, rehabilitation strategy and candidate streets are grouped by maintenance zone for efficiency of design, construction (less mobilization), f uture maintenance, and to be able to resurface more streets with a limited pavement resurfacing annual budget.
NCE has provided pavement and civil design services for preventive maintenance on City streets with scrub, slurry, and cape seals and rehabilitation of City streets with mill and overlays as well as surface reconstruction.
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Edith Rodriguez – Civil Engineer
Edith Rodriguez joined NCE upon graduation, since then, she has gained experience in preparing design drawings and plan sheets for road and pavement rehabilitation/maintenance projects using AutoCAD. She also has experience with collecting field data to improve curb ramps, curb and gutters, and base repairs. Her work includes designing roadways and roadway striping, improving curb ramps, preparing quantities, and analyzing project sites for existing utilities.
Representative Projects
Paving Rehabilitation Plus Design Consulting Services, Presidio Trust of San Francisco, CA. Staff Engineer. The Trust wants to update their concrete details and specifications to reflect current design standards and methods to allow for less expensive, better performing, and, if possible, more sustainable minor concrete. NCE is providing consulting design services to refine the Trust’s concrete detailed drawings and specifications to reduce costs over the expected lifespan of each feature. Features include sidewalks, vertical curbs and curbs and gutters, curb ramps, detectable warning surfaces, driveways, and bus platforms. The goal is to review and revise, as necessary, the Trust’s existing detail drawings, comparing them with those used by other Bay Area agencies as well as those used regionally and nationally.
Citywide Sidewalk Repair Project, City of Concord, CA. Staff Engineer. NCE is providing civil design support to the City to prepare construction plans, technical specifications, and engineer’s estimate (PS&E) for the Citywide Sidewalk Repair Project No. 2666. The City requests assistance in preparation of PS&E for the construction of sidewalk (concrete and asphalt concrete) repairs it has identified at City maintained Baldwin Park, Ellis Lake Park, City Hall, and the City Corporation Yard. The City has marked repair locations with white paint.
The repairs are meant to address tripping hazards and heavily cracked slabs. NCE is collecting the marked repair locations and modifying as necessary in the field and preparing the corresponding construction documents (PS&E 80% and 100% final).
Seminary Avenue Streetscape Design , City of Oakland . Staff Engineer. NCE is providing pavement and civil design services for Complete Street improvements on Seminary Avenue between Foothill Boulevard and Sunnymere Avenue. The section of Seminary Avenue is an important arterial street that provides access for Frick and Millsmont Neighborhoods, schools, Mills College, and Interstate 580 and is identified as a truck route and services AC Bus Transit Lines 45, 650, and 617. The project design elements include new paving, striping and delineators, curb ramps and pedestrian push buttons, hardened centerlines, new sidewalk, traffic calming, and opportunistic landscaping in median islands or concrete islands with possibly green infrastructure and trees.
Grand Street OBAG 2 Rehabilitation Project, City of Alameda, CA . Staff Engineer. The City of Alameda (City) has requested that NCE complete pavement and civil design and E -76 documents for the Grand Street Rehabilitation Project (Project). The section of Grand Street from Encinal Avenue to Shoreline Drive is an important major collector street that serves as a north-south connector for access to neighborhood streets schools, and to a local shopping center. NCE is exploring cost efficient pavement rehabilita tion
Education
BS Civil Engineering,
University of California,
Davis, 2023
Affiliations
American Society of
Civil Engineers
Joined NCE
2023
Total Years of
Experience
1 year
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strategies based on coring and pavement deflection testing with consideration of conventional and innovative paving materials (e.g., HMA, WMA) and alternative recycle in -place pavement treatment technologies such as Cold In-Place Recycling (CIR). The project will include the design Class II and buffered bike lanes, ADA compliant curb ramps and pedestrian crossings, new lighted pedestrian crossings, minor drainage improvements, consideration of a roundabout, and curb and gutter repairs.
San Francisco Bay Trail at Point Molate , East Bay Regional Park District, Richmond, CA . Staff Engineer.
The East Bay Regional Park District (EBRPD) is proposing to construct a 2.5 -mile section of the San Francisco Bay Trail, a non -motorized Class I trail, that connects at the Richmond- San Rafael Bridge and runs through Castro Point to the Poi nt Molate Beach Park. The mission of creating the Bay Trail is to provide the community with an exceptional recreational experience along the scenic coastline and its habitats. NCE is leading the planning, design, environmental compliance, and permitting for this important project. Our work included completing a detailed feasibility analysis to identify potential trail alignments, consider engineering and landscape constraints, assess environmental considerations, and complete technical studies. The scope of regulatory compliance and permitting work is extensive and ongoing.
Permit applications to the U.S. Army Corps of Engineers (404), San Francisco Regional Water Qualit y Control Board (401), and the San Francisco Bay Conservation and Development Commission have been submitted and we anticipate final permits in Fall 2021. Due to a variety of landowners within the project area along with sensitive habitats and unique cultural resources, thoughtful coordination with private landowners, resource agencies, and Native American Tribes has been a focus on the project. NCE worked closely with EBRPD staff to meaningfully engage stakeholders and agencies early in the process and communicate the Projects goals and needs to landowners in order to obtain critical easements and access agreements, and approval for the proposed project design.
337
6601 Owens Drive
Suite 230
Pleasanton, CA 94588
P | 925.224.7717
F | 925.224.7726
www.pcgengr.com
Zerofootprint Certified
Statement of Qualifications for
CIVIL ENGINEERING AND SURVEYING SERVICES
Prepared for
City of Dublin
April 12, 2024
338
Statement of Qualifications for
ON-CALL ENGINEERING & PROJECT MANAGEMENT SERVICES
Table of Contents
Transmittal Letter ................................................... 1 Firm Qualifications .................................................. 2 Project Experience .................................................. 4 Team & Key Personnel .............................................. 7 References ........................................................ 8 Approach ......................................................... 9 Fee Schedule ..................................................... 10 Appendix | Project Personnel Resumes ............................... A-1 339
April 8, 2024
Julius Pickney
Management Analyst II, City of Dublin
100 Civic Plaza
Dublin, CA 94568
Reference: Request for Qualification for Civil Engineering and Surveying Services
Dear Mr. Pickney,
Pakpour Consulting Group is pleased to submit the enclosed Request for Qualifications for On - Call Civil Engineering and Survey Services. Gary Ushiro, PE (Development Review) , Brandon Laurie, PE (Design) or Steven Yee, PE (Staff and Program Management) will serve as the project manager and single point of contact for all aspects of the on-call contract.
Proven Track Record in On-Call Engineering Services
Pakpour Consulting Group has a proven track record in providing as-needed consulting services.
We successfully completed numerous projects including street rehabilitation, development review, staff augmentation and construction management, on schedule and within budget for:
City of Cupertino City of San Rafael Mid-Peninsula Water District (Belmont) City of Pleasanton Purissima Hills Water District Hayward Area Park District City of Benicia (Los Altos Hills) City of Dublin
Town of Hillsborough Westborough Water District City of Newark City of Pleasant Hill (South San Francisco) San Jose Water Company City of Berkeley
100% Positive Feedback from Current and Former Clients
Pakpour Consulting Group is proud to receive 100% positive feedback from current and former clients. Since our inception in 2004, we met or exceeded all our client’s expectations. References are found throughout our proposal.
Our Firm’s Size and Location
Our firm’s size and low overhead allows Pakpour Consulting Group to provide the most cost - effective service to the City of Dublin.
We look forward to our continued partnership with the City of Dublin. Should you have any questions please contact me at (925) 224-7717 or [email protected].
Very truly yours,
Pakpour Consulting Group
Joubin Pakpour, P.E., President
DocuSign Envelope ID: 0B359F26-FF36-48C7-A01F-647EFD283268 340
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PAGE 2
Firm Qualifications
Statement of Understanding
The City of El Cerrito is seeking to retain three or
more qualified consulting firms to provide on-call
engineering and project management services
for various projects associated with City’s Capital
Improvement Program. The term of the agreement
will be three years with an option to extend an
additional two years. The work will be assigned on
an as-needed basis for various projects and city
programs in the City of El Cerrito. They may be
discrete, short-term assignments or may be part
of larger capital projects or planning projects. The
selected Consultants will report to, and operate
under, the direction of the City staff, and shall
provide some, or all, of the following services:
Complete Streets Infrastructure, Accessibility
Modifications, Pavement Management, Storm
Drain Infrastructure, New Development & Redevelopment Stormwater Management and Green Infrastructure, Erosion and Sediment Control/Stormwater Construction Site Control, City Building and Facilities, Park and Landscape Facilities, Private Development Review, Utility Coordination and Permitting and Master Planning and Budgeting.
Company Background
Pakpour Consulting Group is a California Corporation established in 2004 to provide engineering services to small- and medium-sized public agencies in Northern California. Our staff of 13 includes seven registered civil engineers in California.
Pakpour Consulting Group provides comprehensive municipal civil engineering design and construction management services exclusively to public agencies. Our wide variety of services includes staff augmentation, Contract District Engineering, transportation engineering, storm drainage design, water distribution systems engineering, sewer and hydrology studies, program management services, civil plan review, constructability review, and construction management. Our firm only provides services to municipal clients and does not service private developers or entities.
Overview of Services
Pakpour Consulting Group provides comprehensive municipal civil engineering design and construction management services exclusively to public agencies for a wide variety of projects. Our services include:
Construction Management and Inspection
Services
Program Management and Staff Augmentation
Water Distribution and Sewer Collection
Engineering
Transportation Engineering Services
Constructability and Civil Plan Review Services
Storm Drainage Engineering
Contract City and District Engineer
“Pakpour Consulting Group continues to be a
trusted partner to solve the City of Pleasanton’s
needs for engineering support. They are an
extension of the City family, less the fighting!
The excellent advice and innovated solutions
deliver projects under budget and in schedule.
Their attention to detail, understanding of
construction and incorporating the input from
the end users really creates a complete project.
The City of Pleasanton looks forward to continue
working with Pakpour Consulting Group well
into the future.”
Adam Nelkie, PE, Senior Civil Engineer,
City of Pleasanton, 925.931.5675
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Firm Qualifications
Proven Track Record in On-Call Civil Engineering Services Pakpour Consulting Group has a proven track record in providing on-call consulting services to jurisdictions throughout the Bay Area.
City of Cupertino
City of Pleasanton
City of Benicia
Town of
Hillsborough
City of Pleasant Hill
City of Berkeley
City of San Rafael
Purissima Hills Water District
(Los Altos Hills)
Westborough Water District
(South San Francisco)
Mid-Peninsula Water District
(Belmont)
Hayward Area Park District
City of Dublin
City of Newark
San Jose Water Company
Methodology
The majority of our staff have worked in some capacity at public agencies; making us uniquely qualified in understanding the City of El Cerrito’s requirements, challenges, and program objectives. We understand the complex nature of approaching a public works project and that no two projects are the same. Pakpour Consulting Group approaches each project with that philosophy in mind. Our 100% positive feedback from all of our current and former clients is testament to our approach. We know other consultants will utilize their “A” team at project interviews with their “C” team possibly doing the actual work. What you see is what you get at Pakpour Consulting Group. In our 20-year history, we have had only two professional staff leave our firm and one was due to retirement.
100% Positive Feedback from Current and Former Clients
Pakpour Consulting Group is proud to have a 100% positive feedback from current and former clients.
Since our inception in 2004, we have met or exceeded the expectations of all of our clients. Our references on pages 27-29 of this proposal lists our current on-call clients.
Quality Assurance
Pakpour Consulting Group has a well established Quality Assurance/Quality Control (QA/QC) Program that applies to all work products generated. The design of the project will have an independent QA/ QC overseer, Joubin Pakpour, PE, who will review projects at critical stages. To ensure objectivity, Mr.
Pakpour will not be directly involved with the project. This program contributes to our reputation for producing accurate, high quality engineering documents.
Certified Zero Footprint
In 2006, Pakpour Consulting Group became the first
civil engineering firm in California to be certified
as having a net zero footprint on the environment.
We believe environmental stewardship is
everyone’s responsibility, and as civil engineers
we should be at the forefront of the fight against
global warming by providing safe, clean water and
air to our communities. Pakpour Consulting Group
collaborated extensively with certifying agencies
to monitor, measure and ultimately eliminate our
environmental footprint.
“Pakpour Consulting Group is a small
engineering firm that delivers big results
with quality engineering plans, construction
management, and exceptional customer service.
They have assisted us with the design of several
water main and tank projects and the quality
of their work, and attention to detail and
scheduling, have exceeded our expectations.”
Paul Willis, PE, Director of Public Works
Town of Hillsborough, 650.375.7444
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Project Experience
Bubb Road Separated Bikeway
Improvements
City of Cupertino | Cupertino, CA
Situation: The City of Cupertino’s Bicycle Transportation Plan included upgrades of the Class IIB buffered bike lanes along Bubb Road to a Class IV separated bikeway. Bubb Road is also the location of several offices for Apple, Inc., which offers free shuttles for employees. The shuttles run continuously and loop through congested parking lots to drop off employees.
Additionally, employees often jaywalk to get between offices due to the lack of a mid-block crosswalk. The City wanted to find a solution that incorporated improvements for bicyclist, shuttle, and pedestrian safety.
Special Challenges: In order to reduce conflicting movements between bicyclists, shuttles, and pedestrians, the City desired to construct a shuttle platform along the existing roadway.
However, the existing right-of-way width could not accommodate a two-way shuttle platform, two vehicle travel lanes, and two separated bikeways. Fronting properties were fully developed and additional right-of-way acquisition was deemed infeasible.
Pakpour Consulting Group (PCG) worked with the City to design innovative offset shuttle platform in the street median.
Services Overview: Since 2018, PCG has served as on-call engineers for the City of Cupertino. For the Bubb Road Separated Bikeway Improvements, PCG provided design and construction support for the construction of the Class IV separated bikeways, an offset shuttle loading/unloading platform, 400 feet of new sidewalk, touchless pedestrian push buttons, a new crosswalk along the north side of the Bubb Road/Results Way intersection, and two mid-block pedestrian crossings with pedestrian
activated warning lights, and new curb, gutter and sidewalk along Bubb Road. PCG worked closely with the City to respond to feedback from stakeholders such as Apple and the City’s Bicycle Pedestrian Commission (BPAC). PCG also provided bid assistance and construction support.
About City of Cupertino: Incorporated in 1955, Cupertino is a city within Santa Clara County with a population of more than 60,000. Cupertino is known as the home of Apple, Inc.’s corporate headquarters.
Client Contact
Chad Mosley, PE
City Engineer
408.777.7604
[email protected]
Construction Cost
$800,000
Completion Date
Fall 2021
Project Manager
William Lai, PE
Rectangular Rapid Flashing Beacon at
Crosswalk and Class IV Separated Bikeway
Offset Median Island Shuttle Stop
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Project Experience
Boris Lake Storm Drain Outfall Repairs
City of Pleasanton | Pleasanton, CA
Situation: Due to an unusually wet 2016/17 winter, the City of Pleasanton (City) experienced a storm drain failure at the system’s discharge location into Boris Lake located within East Bay Regional Parks District’s Shadow Cliffs Regional Recreational Area. The City believed the 55 LF 36-inch corrugated metal pipe (CMP) failed due to surcharged loading and had also severely eroded the 66% slope hillside where it was installed. Time was of the essence to design and construct the repair before the 2017/18 rainy season.
Special Challenges: Given the City’s need to have the storm drain repaired before the beginning of the 2017/18 rainy season, Pakpour Consulting Group (PCG) assembled a team familiar with environmental permitting and geotechnical knowledge of the area to expedite the design phase. The overall design was condensed to approximately 1.5 months to account for advertising and construction completion by mid to late October.
In order to attain the City’s goal of minimizing the potential of a future pipe failure, the design incorporated the use of 36-inch fusible polyvinylchloride in combination with pipe anchors to ensure pipe stability. The finished grade flattened the existing site from a 1.5:1 to a 2:1 slope and rip rap was placed on the final two feet of the backfill directly over the pipe to minimize erosion should the storm drain overflow from the upstream catch basin.
Services Overview: Since 2013, PCG has served as on-call engineers for the City of Pleasanton. For the Boris Lake Storm Drain Outfall Repairs project, PCG provided design and construction support services for the repair of 55 LF of 36-inch storm drain pipe and reconstruction of the eroded hillside.
PCG and its subconsultants also assisted with geotechnical investigations/reports and environmental permitting. PCG worked close with the City and various permitting agencies to expedite the project to ensure completion before the 2017/18 rainy season.
About City of Pleasanton: Incorporated in 1894, Pleasanton has a population of more than 70,000. In 2005 and 2007, Pleasanton was ranked the wealthiest middle-sized city in the United States by the US Census Bureau.
Client Contact
Adam Nelkie, PE
Senior Civil Engineer
925.931.5675
[email protected]
Construction Cost
$200,000
Completion Date
Fall 2017
Project Manager
Brandon Laurie, PE
30 ft
Storm Drain Outfall before Slide Repairs
Storm Drain Outfall after Slide Repairs
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Project Experience
As-needed Construction Management and
Staff Augmentation
City of Dublin | Dublin, CA
Situation: The City of Dublin is one of the fastest-growing cities in California. To maintain its ability to provide excellent customer service and serve the needs of the growing community, the City relies on professional consultants to augment its in-house staff.
Services Overview: Since 2010, Pakpour Consulting Group (PCG) has served as on-call engineers for the City of Dublin. Services include private development review, project design, construction management, construction inspection and as-needed staff augmentation. Working as an extension of City staff, PCG adheres to in-house procedures, process and established schedules.
Construction management and staff augmentation services have included assistance with planning and pre-construction activities, coordination with the designer, public outreach, management of the scope of work, schedule and budget of other City consultants, and acting as the City representative and liaison with outside public agencies.
Notable Projects:
Don Biddle Community Park: A new 30-acre community park.
This project won the Project of the Year Award, for Structures $5M to $25M from the Northern California American Public Works Association (NorCal APWA).
Fallon Sports Park: A new 19.75-acre community park
expansion
Jordan Ranch Park: A new 5-acre neighborhood park
Shannon Community Center: Parking lot upgrades
Storm Drain Trash Capture Upgrades: Installation of two hydrodynamic separators
Imagine Playground: New all-abilities playground at Dublin Sports Ground. This project won the Project of the Year Award, for Structures $5M to $25M from the NorCal APWA.
About City of Dublin: Located in the San Francisco East Bay, Dublin is the second fastest-growing city in California. With a population of nearly 50,000, the population is forecasted to grow to 76,000 by 2030.
Client Contact
Laurie Sucgang, PE
City Engineer
925.833.6630
[email protected]
Project Fee
$300,000 per year
Completion Date
On-going
Project Manager
Lorin Jensen, PE
Fallon Sports Park, a New 19.75-Acre
Community Park
Jordan Ranch Park, a New 5-Acre
Neighborhood Park
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Team & Key Personnel
Project Team
Our staff of 13 includes seven registered civil engineers and three public works inspectors. The majority of our staff has worked in some capacity at public agencies, making us uniquely qualified to understand the requirements, challenges, and program objectives of City of Dublin.
Project Managers
Depending on work assigned, either Brandon Laurie, PE or Steven Yee, PE, will serve as the project manager and single point of contact for all aspects of the on-call contract. Their familiarity with the knowledge of Public Works Standards provides our Team a high level of efficiency while providing design development review, construction management, and inspection of your projects with no learning curve.
Organization Chart
As projects are assigned to Pakpour Consulting Group, our project managers will evaluate staffing levels and project specific requirements to assign the highest skilled staff. Key staff members assigned to this contract are also partners at Pakpour Consulting Group.
Design Team
Project Manager | Design
Brandon Laurie, PE
Senior Engineer
Project Manager | Staff
and Program Management
Steven Yee, PE
Principal Engineer
William Lai, PE
Project Engineer
David Liebrenz
Project Associate
Inspection, Construction and
Program ManagementTeam
Lorin Jensen, PE
Senior Engineer
Drake Valentine
Associate
Roehl Barreras
Project Inspector
Principal-in-Charge
Joubin Pakpour, PE
Principal Engineer
Surveyor - Dains Land Surveying
Robert Dains, PLS, PE
Principal
Environmental - MIG
Utility Locating - Bess Testlab
Joshua Williams
Project Manager
Taylor Peterson
Director
Please see the Appendix for full resumes.
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References
Associates at Pakpour Consulting Group have a combined 90 years of experience in municipal engineering and infrastructure design. Following is a testament of our understanding and knowledge of the industry:
City of Dublin |On Call Design Engineers since 2010
“Joubin, Gary, and the entire Pakpour Consulting Group team have been, and continue to be, an invaluable resource for the City of Dublin Public Works Department. Pakpour Consulting Group provides excellent engineering, construction management, inspection, project management, and land development review services to the City of Dublin on a variety of public works, park development, and private subdivision projects. Their commitment to the customer service, municipal engineering, and the public works profession is outstanding. What I appreciate most about Joubin, Gary, and each member of their team, is the collaborative approach they take with city staff and their candor with respect to delivering quality projects. I highly recommend the services provided by Pakpour Consulting Group.” Andrew Russell, PE, City Engineer, City of Dublin, 925.833.6630 City of Pleasanton | On-Call Engineers since 2013
“Pakpour Consulting Group continues to be a trusted partner to solve the City of Pleasanton’s needs for engineering support. They are an extension of the City family, less the fighting! The excellent advice and innovated solutions deliver projects under budget and in schedule. Their attention to detail, understanding of construction and incorporating the input from the end users really creates a complete project.
The City of Pleasanton looks forward to continue working with Pakpour Consulting Group well into the future.” Adam Nelkie, PE, Senior Civil Engineer, City of Pleasanton, 925.931.5675 Town of Hillsborough | On-Call Engineers since 2014
“Pakpour Consulting Group is a small engineering firm that delivers big results with quality engineering plans, construction management, and exceptional customer service. They have assisted us with the design of several water main and tank projects and the quality of their work, and attention to detail and scheduling, have exceeded our expectations.” Paul Willis, PE, Director of Public Works, Town of Hillsborough, 650.375.7444 City of Newark | As-Needed City Services since 2019
“I have worked with Gary Ushiro and Pakpour Consulting Group for almost 15 years and across three different municipalities. Whenever I needed assistance with development plan review and project management, Pakpour has always been the first firm I reached out to. Gary serves as a true extension of city staff, seamlessly stepping into the role, collaborating with city staff from multiple departments and coordinating with developers with minimal assistance and involvement on my part. His technical knowledge, attention to detail and project management skills have made him a valuable member of the City’s Engineering Division and a trusted colleague. I highly recommend Pakpour Consulting Group.” Jayson Imai, PE, Assistant City Engineer, City of Newark, 510.578.4671 347
Statement of Qualifications for
ON-CALL ENGINEERING & PROJECT MANAGEMENT SERVICES
PAGE 9
Approach
Design and Survey Services
Prepare all necessary project environmental documents or manage environmental sub-consultants work and implement the environmental mitigation measures in the design of projects. Prepare preliminary design of projects and alternative design studies, project study reports, etc., as required, with associated preliminary cost estimates.
Perform right-of-way engineering including right-of-way base map, exhibits, plat maps and legal descriptions.
As necessary, manage sub-consultants’ work in preparing appraisal reports and right-of-way acquisition.
Perform project design at the 35%, 65%, 95% and 100% PS&E levels, including cost estimates and basis of design memoranda, as required by the City.
Prepare Storm Water Quality and Erosion Control plans in compliance with the latest requirements of the California Regional Water Control Board, San Francisco Bay Area region. Prepare final engineering cost estimates and contract bid documents based on the latest bid item unit costs, Caltrans Specifications and Standard Plans, and federal requirements on federally funded projects, both transportation projects and FEMA/CalOES related projects. Provide design support services during construction and prepare final record drawings based on as- built drawings provided by the City.
Perform topographic surveys, base mapping, utility research and coordination with utility companies. Perform Construction staking and Record of survey.
Prepare plat maps, topographic surveys, right-of-way determination, right-of-way takes/vacations, legal descriptions, obtain preliminary title reports, appraisals, and negotiations with property owners for such items as temporary construction easements.
Prepare grant deeds, grant of easements, right of entry permits/agreements, boundary surveys and temporary construction easements.
Staff Augmentation Services
Support of small to medium-sized capital projects including the preparation of staff reports, engineering studies, project planning and coordination with other agencies and utilities. Assist the City in acquiring the necessary approvals from FEMA and/or CalOES for federally-funded disaster related projects.
Assist the City in managing the construction of small to medium-sized projects including advertisement of projects, response to requests for information, review of bids, award of contract, project accounting, and closeout.
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Fee Schedule
As projects are assigned to Pakpour Consulting Group, our Project Managers will evaluate staffing levels and project specific requirements to assign the highest skilled staff.
Billing Rates | Fiscal Year 2024-2025
Position Hourly Rate
Principal Engineer $260
Senior Engineer $230
Senior Designer $220
Associate Engineer $210
Associate Designer $200
Project Engineer $190
Project Designer $180
Assistant Engineer $165
Assistant Designer $155
Engineering Technician $130
Administrative Assistant $85
Public Works Inspector $185
A 10% markup will be added to subconsultants. A 1.3 multiplier will be applied to the hourly rate of inspectors working more than 8 hours per day and/or 40 hours per week. The above fee schedule is inclusive of direct expenses.
Litigation
In our 20-year history we have been involved with only one litigation matter involving a previous project.
We were informed in September of 2020 of a potential litigation matter by a personal injury attorney representing an individual injured on a bike path we designed for the City of Benicia in 2010. The matter is ongoing at this time.
Conflict of Interest Statement
Pakpour Consulting Group does not have any financial, business or other relationships with the City of Dublin or Alameda County that may have an impact upon the outcome of this contract. We do not have any clients that may have a financial interest in the outcome of this contract. We do not have any financial interest or relationship with construction company that might submit bids on City projects.
List of Contracts and Agreements Terminated for Convenience or Default None.
Exceptions to this Request for Qualifications
None.
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Appendix | Project Personnel Resumes
Joubin Pakpour, PE
Principal Engineer
Joubin is a registered engineer with nearly three decades of public works design and construction management experience. He has served as project manager and resident engineer for various water distribution, flood control, storm drainage, sanitary sewer, and transportation projects throughout the Bay Area. Joubin currently serves as District Engineer for the Purissima Hills, Westborough, and Mid-Peninsula Water Districts. He has also served as resident engineer during construction of several high-profile projects in the San Francisco Bay Area. Joubin’s skill in multi-agency coordination and effectively working with stakeholders plays a pivotal role in the rapid processing of design documents and timely management of the design process.
On-Call Civil Engineering Services Principal-in-Charge for:
City of Cupertino
City of Walnut Creek
City of Pleasanton
City of Benicia
City of Dublin
Town of Hillsborough
City of Pleasant Hill
City of Berkeley
Purissima Hills Water
District (Los Altos
Hills)
Westborough Water
District (South San
Francisco)
Mid-Peninsula Water
District (Belmont)
City of San Rafael
Hayward Area Park
District
Joubin serves as the single point of contact for PCG’s On-Call Civil Engineering contracts. As projects are assigned to Pakpour Consulting Group, Joubin evaluates staffing levels and project specific requirements to assign the highest skilled staff. The project types include new bus stops, new curb, gutter and sidewalk, alleyway improvements, intersection improvements, drainage and sewer projects, and streetscape projects. Services include development of plans, specifications and estimates, bidding support, and construction management and inspection.
On-Call District Engineer Services for:
Purissima Hills Water District, Los Altos Hills, CA
Mid-Peninsula Water District, Belmont, CA
Westborough Water District, South San Francisco, CA
Skyline County Water District, San Mateo County, CA (Prior to acquisition by Cal Water)
District Engineer for three Districts in the San Francisco Bay Area. To maintain high quality services and stay within their annual budgets, Districts will retain on-call engineers. In this capacity, Joubin performs a variety of tasks ranging from overseeing the District’s hydraulic model to identifying and designing capital improvement projects to preparing comprehensive rate studies. A sampling of projects includes new pump stations, water main replacements, and new storage facilities. Joubin also serves as a resource to the General Managers and Board of Directors. He meets on a regular basis with developers working within the Districts to inform them of new District standards and status of plan reviews. As District Engineer, PCG develops and maintains the Districts standard plans and specifications.
Education
Masters of Science
Civil Engineering
San Jose State University
1998
Bachelor of Science
Civil Engineering
San Jose State University
1995
Registration
Registered Civil Engineer
California - #C59155
Professional Affiliations
Associate Member
American Society of Civil
Engineers
Past President
American Public Works
Association - Northern
California Chapter
Member
American Water Works
Association
Member
Bay Area Water Works
Association
Work History
2004-Present
Pakpour Consulting Group
Principal Engineer
2000-2004
Berryman & Henigar, Inc.
Northern California Director of
Civil Engineering
1996-2000
Contra Costa County
Public Works Department
Project Engineer
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Steven Yee, PE
Principal Engineer
Steven is a registered professional civil engineer with nearly three decades of experience in project, program, and construction management. He has worked on a wide variety of high profile projects for local public agencies throughout the Bay Area including roadways, parks, trails, water and sewer utilities, storm drain systems, and facilities management. Steven’s responsibilities have included project team management and coordination for the preparation of feasibility studies, public infrastructure maintenance, project plans and specifications, cost estimates, schedules, public outreach, construction management, and support services from initial project planning phase through construction and project close-out. Steven also holds a Master of Public Administration degree with emphasis on public policy and organizational theory.
Project Experience
Downtown Transportation Corridor Parking Lot and Civic Park Improvements for City of Pleasanton, CA
Construction manager for parking lot and Civic Park improvements in historic Downtown Pleasanton. Project improvements include site grading, storm drain, asphalt paving, decorative architectural retaining wall, pedestrian plazas, pedestrian pathway, landscaping, and electric vehicle charging station. The project was phased to minimize construction impact to the active surrounding downtown area. Steven provided construction administration of all construction activities on behalf of the City of Pleasanton and coordinated with all adjacent property owners and businesses.
Oak Park/Monticello Improvement Project for City of Pleasant Hill, CA Construction Manager for the Oak Park/Monticello Improvement Project which provides necessary infrastructure improvements to service the new Pleasant Hill Library, sports fields, residential development, and the Pleasant Hill Middle School. Key improvements include widening existing Oak Park Boulevard roadway, upgrading traffic signals, undergrounding utilities, extending sanitary sewer, recycled water and domestic water systems, adding bicycle lanes, installing street lighting, and landscaping. The project improvements were phased in order to minimize disruption to the school as well as adjacent library and residential neighborhoods. Steven provided full construction management and inspection services including project oversight and administration of all construction activities, review of submittals, coordinating activities and scheduling of work between contractors, consultants, utilities, and representing the City in working with other agencies and property owners. He worked closely with the City and permitting agencies to maintain the project schedule and ensure on-time project completion.
Education
Master of Public
Administration
Cal State University, East Bay
2016
Harvard University, Kennedy
School of Government
Senior Executive in Local and
State Government Program
2010
Bachelor of Science
Civil Engineering
California State University,
Sacramento
1993
Registration
Registered Civil Engineer
California - # C61963
Professional Affiliations
Past President
American Public Works
Association - Northern
California Chapter
Work History
2015-Present
Pakpour Consulting Group
Principal Engineer
1999-2015
City of Dublin
Public Works Department
Public Works Manager
1997-1999
City of Albany
Community Development
Department
Engineering & Maintenance
Manager – Interim
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Appendix | Project Personnel Resumes
MCI/Verizon Fiber Densification Project for City of Pleasanton, CA Project Manager for the utility permit process and project coordination on behalf of City with MCI/ Verizon. Steven provided utility permit application plan review and coordinated with various City departments and divisions. He also approved and issued utility permits to the contractor and provided oversight of the utility permit construction activities. Steven assisted the City engineering staff with coordination of utility work with citywide street resurfacing projects.
Staff Augmentation Experience
City of Benicia, Public Works Department
City Engineer – Contract (January 2017-December 2019) Assistant Public Works Director – Interim (March 2015-October 2015) Principal Civil Engineer – Interim (January 2015-March 2015) Oversight of Engineering Division as Contract City Engineer which includes capital improvement project review, private development review, transportation study review and financial budgeting. Supervision and oversight of water supply, water treatment, wastewater treatment, water quality, and maintenance operations as interim Assistant Public Works Director. Review of operation work plans and industrial regulatory oversights. Implementation of water meter improvement program. City liaison for regional transportation projects and programs. Update of Engineering Master Fee Rate Schedule. Review of federal and state grant proposals. Supervision and oversight of water supply, water treatment, wastewater treatment, water quality, and maintenance operations as interim Assistant Public Works Director. Review of operation work plans and industrial regulatory oversights. Implementation of water meter improvement program. Review of water and wastewater rate studies. City liaison for regional transportation projects and programs. Oversight of Engineering Division as interim Principal Civil Engineer which includes capital improvement project review, private development review, transportation study review and financial budgeting. Update of Engineering Master Fee Rate Schedule. Review of federal and state grant proposals.
Past Employment Experience
City of Dublin, Public Works Department
Public Works Manager (March 2008-January 2015)
Performed a variety of tasks associated with the public works department, including administration of capital improvement project (including parks), development plan review and oversight of city maintenance operations of public roadways, drainage system, streetlights and street trees. Responsible for maintenance assessment districts and geologic hazard abatement districts. Administration of professional services contracts for maintenance operations and capital projects. Develop and prepare city operating and capital project budgets. Oversight of department program policies and procedures.
City of Dublin, Public Works Department
Associate Civil Engineer (July 2001-March 2008)
Assistant Civil Engineer (February 1999 to July 2001) Manage the design and construction of various capital improvement projects including roadways and facilities. Prepare and review improvement plans, specifications and contract documents. Prepare and administer CIP budgets, staff reports, and presentations for City Council. Responsible for the City’s Pavement Management Program. Administer the City’s Disadvantaged Business Enterprise (DBE) Program.
352
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ON-CALL ENGINEERING & PROJECT MANAGEMENT SERVICES
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Appendix | Project Personnel Resumes
Brandon Laurie, PE
Senior Engineer
Brandon is a registered professional civil engineer with more than two decades of experience in design and construction management. He has worked on a variety of municipal design projects, including transportation and water/wastewater facilities. Brandon’s responsibilities have included project engineer in charge of preparing construction plans, specifications, cost estimates, coordination with public agencies, and inspection and support services through construction. He is a certified master hydraulic modeler on WaterCAD®.
Annual of Sewer and Water Replacement (2003, 2005, 2007, 2016) for City of Pleasanton, CA
Project Engineer responsible for the replacement of water and sewer pipelines, laterals, and appurtenances in residential areas within the City. In total, the City replaced 11,000 linear feet of water main and 10,000 linear feet of sewer main on accelerated schedules. The team delivered the final project plans, specifications and cost estimate two weeks ahead of the accelerated schedule due date and only 13 weeks from receiving the notice to proceed. The team leveraged the information provided by the City, such as base maps, CCTV reports and survey information, and performing elements of the design concurrently with the review process. Brandon prepared the preliminary and final plans, specifications and cost estimate.
Park & Industrial Bus Stop Project for City of Benicia, CA Resident Engineer responsible for the installation of two bus stops at the intersection of Park Road and Industrial Way. Improvements consisted of installing 395 linear feet of new curb, gutter, and sidewalk along Industrial Way and Park Road, two new bus pads, new pedestrian crosswalks, and traffic markings. Brandon provided complete construction management services including inspection, utility coordination, construction cost analysis, preparation and review of change orders, review of traffic control plans and public relations with local businesses.
Reconstruction of Various Fire Roads for Los Altos Hills County Fire District, Los Altos Hills, CA
Project Manager responsible for of the reconstruction of various fire roads in the hills of Los Altos Hills, CA. The project included the removal of the existing asphalt concrete originally suffering from longitudinal cracking, weed intrusion and settlement, re-compacting the existing base and placing four inches of new asphalt concrete with pavement reinforcing fabric. Brandon prepared the plans, specifications, and cost estimate package. He also served as the Resident Engineer assisting with bid assistance and construction management services including preparing daily inspection reports, negotiating change orders, and resident coordination.
Street Resurfacing Projects for City of Dublin, CA
Project Manager/Resident Engineer responsible for assisting the City with administrating, designing, and providing construction management of its Education
Bachelor of Science
Civil Engineering
Colorado State University
2001
Registration
Registered Civil Engineer
California - #C69561
Master Hydraulic Modeler
WaterCAD® Bentley Systems
Professional Affiliations
Member
American Public Works
Association
Past Board Member
Bay Area Water Works
Association
Associate Member
American Society of Civil
Engineers
Work History
2004-Present
Pakpour Consulting Group
Project Engineer
2002-2004
Berryman & Henigar, Inc.
Project Engineer
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Appendix | Project Personnel Resumes
2012, 2013, and 2014 Street Overlay Projects; Dublin Boulevard Resurfacing Project; and the City’s 2013 and 2014 Annual Slurry Seal Projects. Improvements included placement of over 10,000 tons of asphalt (1.5-inch overlay), 70,000 square feet of pavement repairs, and over 4,000,000 square feet of slurry seal.
Brandon prepared design plans, specifications and cost estimate as well as coordinating with Caltrans to prepare all federal funding paperwork during the design and construction phases. As resident engineer, he provided complete construction management services including inspection, submittal review, schedule verification, cost control, labor compliance, change order negotiation, and reporting to City staff. Brandon served as the single point of contact for the residents affected by the project and the City’s representative with the contractor.
Boris Lake Storm Drain Outfall Repairs for City of Pleasanton, CA Project Manager responsible for the expedited design and construction support services for the repair of 55 LF of 36-inch storm drain pipe and reconstruction of an eroded hillside. The City believed the 55 LF 36-inch corrugated metal pipe (CMP) failed due to surcharged loading and had also severely eroded the 66% slope hillside where it was installed. Brandon led the PCG team as well as the subconsultants for geotechnical investigations/reports and environmental permitting. He worked close with the City and various permitting agencies to expedite the project to ensure completion before the 2017/18 rainy season.
Marina Area Storm Drain Project for City of Benicia, CA Project Engineer for the replacement of a deteriorated 66-inch storm drain system with a dry weather pump station. The pump station diverts dry weather flows to a discharge point on East Second Street and wet weather flows to a discharge point in the marina through semi-submerged, dual 48-inch outfall pipes. The project presented several major obstacles including an accelerated schedule, outfall structure aesthetics, and a vocal group of stakeholders. Brandon prepared the plans, specifications, and cost estimate, and provided bid assistance and construction management services.
Apple Hill Estates Flood Control and Bicycle Path Project for City of Brentwood, CA Project Engineer for a joint project between the City and Contra Costa County Flood Control District to improve access to a bicycle/pedestrian path and improve floodwater flow within the Deer Creek channel. Using HEC-RAS to model the channel’s capacity flow the team found the channel’s width was inadequate to convey the projected 50- and 100-year design flows. The design solution widened the existing channel, re-graded the channel slope, and incorporated a gabion drop structure to increase the channel’s capacity. Brandon prepared the plans, specifications, and cost estimate as well as providing bid assistance and construction management services.
Castlewood Water & Sewer Assessment for Alameda County Public Works Agency, CA Project Manager responsible for the evaluation of the existing sanitary sewer and domestic water systems for the Castlewood Service Area (CSA). To gain a better understanding of the CSA’s long term capital needs, the County retained PCG to perform a comprehensive evaluation of both the water and sewer systems. The evaluation included a condition assessment on each system, development of an on- going maintenance/capital improvement program, and funding alternatives through rates for the long- term sustainability of the system. Brandon and his team assessed all aspects of both systems including geological conditions, structural and seismic considerations for the tanks and pump stations, electrical/ mechanical components such as SCADA and pumping equipment, investigation of the sanitary sewer system including CCTV inspections, conducted multiple field visits and stakeholder meetings to ensure the CSA’s needs were met.
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Appendix | Project Personnel Resumes
Lorin Jensen, PE
Senior Engineer
Lorin is a registered engineer with more than three decades of diverse public works design, construction, and project management. He has worked on and managed a wide variety of projects and programs including streets, water, sanitary sewer, clean water, utility undergrounding, facilities, and parks. Lorin brings together a depth of construction and customer service experience rarely seen in a registered engineer. His ability to see the big picture and bring stakeholders together to move projects forward has earned him high praise from owners and contractors alike.
Parks and Recreation Facilities
Don Biddle Community Park for the City of Dublin, CA
Project Manager and Owner’s Representative for the Don Biddle Community Park which consisted of constructing a new signature 30-acre community park in the City of Dublin under a public-private partnership. The project include a community garden, great lawn, zipline play structure, Wallholla play structure, veteran’s memorial, bocce court, gathering spaces, basketball courts, and tennis courts. Lorin assisted with pre-construction activities, coordinated with the landscape architect designer, provided project management on behalf of the City, and acted as the City representative and liaison with the private developer.
Fallen Sports Park Project for the City of Dublin, CA
Project Manager and Owner’s Representative for the Fallon Sports Park which consisted of constructing a new 19.75-acre community park in the City of Dublin. Lorin assisted with planning and pre-construction activities, coordinated with the designer, provided construction management and public outreach, managed the scope of work, schedule and budget of other City consultants, and acted as the City representative and liaison with outside public agencies.
Jordan Ranch Park Project for the City of Dublin, CA
Project Manager and Owner’s Representative for the Jordan Ranch Neighborhood Park which consisted of constructing a new 5-acre park in the City of Dublin. Lorin assisted with planning and pre-construction activities, coordinated with the designer, provided construction management and public outreach, managed the scope of work, schedule and budget of other City consultants, and acted as the City representative and liaison with outside public agencies.
Shannon Community Center Parking Lot Upgrade Project for the City of Dublin, CA
Project Manager and Owner’s Representative for the Jordan Shannon Community Center Parking Lot Upgrade Project for the City of Dublin.
The project consisted of reconstructing the parking lot, lighting, ADA and drainage improvements. Lorin assisted with planning and pre-construction activities, coordinated with the designer, provided construction management and public outreach, managed the scope of work, schedule and budget of Education
Bachelor of Science
Civil Engineering
Oregon State University
1983
Registration
Registered Civil Engineer
California - #C53342
Work History
2015-Present
Pakpour Consulting Group
Senior Engineer
1990-2015
City of Berkeley
Supervising Civil Engineer
Associate Civil Engineer
Assistant Civil Engineer
Junior Civil Engineer
1987-1990
Dillingham Construction, Inc.
Construction Engineer
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Appendix | Project Personnel Resumes
other City consultants, and acted as the City representative and liaison with outside public agencies and users of the community center.
Imagine Playground Project for the City of Dublin, CA
Project Manager and Owner’s Representative for the imagine Playground Project for the City of Dublin. The project consisted of constructing a new all-abilities playground at the Dublin Sports Park.
Lorin assisted with planning and pre-construction activities, coordinated with the designer, provided construction management and public outreach, managed the scope of work, schedule and budget of other City consultants, and acted as the City representative and liaison with outside public agencies.
Irrigation Central Control and Master Valve Project for Hayward Area Recreation and Park District, Hayward, CA
Project Manager and Owner’s Representative for the upgrading irrigation control valves at 67 parks throughout Hayward and Castro Valley to decrease water and energy consumption. Lorin assisted with planning and pre-construction activities, coordinated with the designer, provided construction management and public outreach, managed the scope of work, schedule and budget of other District consultants, and acted as the District representative and liaison with outside public agencies.
Hayward Community Garden Project for Hayward Area Recreation and Park District, Hayward, CA Project Manager and Owner’s Representative for the showcase community garden project in the City of Hayward. Lorin assisted with planning and pre-construction activities, coordinated with the designer, provided construction management and public outreach, managed the scope of work, schedule and budget of other District consultants, and acted as the District representative and liaison with outside public agencies.
Storm Water
Storm Drain Trash Capture Upgrade Project for the City of Dublin, CA Project Manager and Owner’s Representative for the Storm Drain Trash Capture Upgrade Project for the City of Dublin. The project consisted the installation of two hydrodynamic separators. Lorin assisted with planning and pre-construction activities, coordinated with the designer, provided construction management and public outreach, managed the scope of work, schedule and budget of other City consultants, and acted as the City representative and liaison with outside public agencies.
Roadway
Annual Slurry Seal Project for the City of Dublin, CA
Project Manager and Owner’s Representative for the 2020 Slurry Seal Project for the City of Dublin.
The project consisted of placing more than 2,000,000 square feet of slurry, along with stripping and traffic loop upgrades. Lorin assisted with planning and pre-construction activities, coordinated with the designer, provided construction management and public outreach, managed the scope of work, schedule and budget of other City consultants, and acted as the City representative and liaison with outside public agencies.
San Ramon Road Overlay Project for the City of Dublin, CA Project Manager and Owner’s Representative for the San Ramon Road Overlay for the City of Dublin.
The project consisted of placing more than 10,000 tons of asphalt along San Ramon Road, along with dig out repairs, sidewalk improvements, minor drainage improvements, striping and traffic loop upgrades.
Lorin assisted with planning and pre-construction activities, coordinated with the designer, provided construction management and public outreach, managed the scope of work, schedule and budget of other City consultants, and acted as the City representative and liaison with outside public agencies. 356
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Appendix | Project Personnel Resumes
William Lai, PE
Associate Engineer
William is a registered professional civil engineer with more than a decade of public works engineering and project management experience. He has worked on a variety of projects including roadways, traffic signals, and water utilities. William’s responsibilities have included project team management, preparation of construction plans as well as coordination of traffic signal maintenance, roadway striping and signing maintenance, grant application preparation, project plans and specifications, and public outreach.
Transportation Projects
Civic Center Parking Analysis for City of Cupertino, CA Project Manager responsible for the management, coordination, and oversight services to prepare a comprehensive parking analysis. The analysis included documenting existing conditions, surveying Civic Center patrons and City employees, estimating new parking demands, and developing parking solutions. In addition to reviewing traditional solutions such as new surface lots and parking garages, the analysis included a review of various traffic demand management (TDM) strategies such as incentivizing active transportation, implementing a valet parking program, implementing a free shuttle program, and creating shared parking agreements with adjacent properties. This analysis was presented to the City in a comprehensive report.
Bubb Road Separated Bikeway Improvements for City of Cupertino, CA Project Manager responsible for the preparation of plans, specifications, and cost estimates for the construction of the Class IV separated bikeways, an offset shuttle loading/unloading platform, 400 feet of new sidewalk, touchless pedestrian push buttons, a new crosswalk along the north side of the Bubb Road/Results Way intersection, and two mid-block pedestrian crossings with pedestrian activated warning lights, and new curb, gutter and sidewalk along Bubb Road. PCG worked closely with the City to respond to feedback from stakeholders such as Apple and the City’s Bicycle Pedestrian Commission (BPAC). PCG also provided bid assistance and construction support.
Village Parkway/Brighton Drive Intersection Safety Improvements for City of Dublin, CA
Project Manager/Engineer responsible for the implementation of pedestrian safety improvements at the intersection of Village Parkway and Brighton Drive. The project location is adjacent to Dublin High School and sees heavy pedestrian usage during school pick-up and drop-off hours. This project improved safety by upgrading the existing traffic signal to accommodate the two additional protected left turn phases at each approach, which eliminated the potential conflicts between vehicles and pedestrians. The project also constructed new ADA compliant curb ramps and enhanced visibility crosswalks. William prepared exhibits, presentations, and staff reports for project approval, prepared a grant application, administered the Education
Bachelor of Science
Civil Engineering
San Jose State University
2008
Registration
Registered Civil Engineer
California - #C84729
Professional Affiliations
Co-chair, Internship
Committee
American Public Works
Association
Work History
2018-Present
Pakpour Consulting Group
Project Engineer
2011-2018
City of Dublin
Public Works Department
Assistant Civil Engineer
2008-2011
City of Santa Clara
Water and Sewer Utilities
Associate Consultant
357
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Appendix | Project Personnel Resumes
grant funding, oversaw the design team, met with project stakeholders, coordinated with local utility companies, administered the construction contract, and prepared City Council staff reports for project close-out.
Amador Plaza Road Improvements for City of Dublin, CA
Project Manager/Resident Engineer responsible for the implementation of two-phase safety improvements in the Downtown Dublin Priority Development Area. Phase 1 project improvements included the installation of rectangular rapid flashing beacon pedestrian warning devices, construction of mid-block crosswalks with median refuge islands, and construction of a median island restricting left turns at the southernmost driveway into Safeway. William oversaw the approval of the project, coordinated environmental requirements, conducted stakeholder meetings, managed the preparation of plans, specifications, and cost estimates, administered the construction contract, and presented the project at the City’s Bicycle and Pedestrian Workshop. Phase 2 of the project included the microsurfacing treatment of 96,000 SF of asphalt pavement and the striping of new bike lanes on both sides of the street. As the City of Dublin postponed their pavement maintenance project for the year, William coordinated with the City of Livermore to include the phase 2 improvements as part of a joint project between the cities.
Adaptive Traffic Signal Control System Implementation for City of Dublin, CA Project Manager/Resident Engineer responsible for the implementation of a new adaptive traffic signal control system along Dublin Boulevard from San Ramon Road to Hacienda Drive. The Dublin Boulevard corridor is the only east-west arterial through the City of Dublin and serves as a reliever route to Interstate 580. The increased traffic volumes during commute hours prompted increased complaints from motorists regarding travel times. William prepared a grant application with the Metropolitan Transportation Commission’s (MTC) NextGen Arterial Operations Program to procure an adaptive traffic signal system to improve travel times through the corridor. Project improvements included installation of bicycle detection devices, modification of traffic signal loops, upgrade of the traffic management center, implementation of new bus queue jump lanes, and integration of the adaptive traffic signal control system. William managed the team of consultants during the systems engineering and construction design phases, conducted stakeholder meetings, managed the grant funding contract, administered the construction contract, and integrated the new adaptive traffic signal control system with the City’s existing traffic management network.
Pavement Management Program (PMP) for the City of Dublin, CA Program Manager responsible for overseeing the City’s Pavement Management Program. The City’s PMP is managed through the asset management system “Streetsaver.” William prepared reports and exhibits showing the results of the projected pavement condition of alternative budget scenarios. He also assisted in preparing a presentation to City Council for adoption of a budget for on-going pavement maintenance.
358
STAFF REPORT
CITY COUNCIL
Agenda Item 5.3
DATE: June 25, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Contractor Services Agreements for Parks and Community Services Department Special Events
Prepared by: Lauren Marriott, Recreation Coordinator
EXECUTIVE SUMMARY:
The City Council will consider approving contractor services agreements with various vendors to provide as-needed services, including electrical, sound, tenting, and staging rental services for events produced by the Parks and Community Services Department.
STAFF RECOMMENDATION:
Take the following actions: 1) Adopt the Resolution Approving an Agreement with HERC Rentals for Electrical Equipment Rental for City-Produced Events; 2) Adopt the Resolution Approving an Agreement with Primetime Entertainment for Lighting and Sound Services for City-Produced Events; and 3) Adopt the Resolution Approving an Agreement with Special Events Rentals for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events.
FINANCIAL IMPACT:
The agreement with HERC Rentals has a not-to-exceed amount of $120,000, the agreement with Primetime Entertainment has a not-to-exceed amount of $100,000, and the agreement with Special Events Rentals has a not-to-exceed amount of $250,000. The City will only pay for services rendered, and expenses will be limited to adopted budget appropriations. Funding for the agreements is included in the adopted Fiscal Years 2024-25 and 2025-26 Budget.
DESCRIPTION:
The City of Dublin routinely rents equipment for outdoor events produced by the Parks and Community Services Department. This includes the Summer Concert Series, Splatter, the St.
Patrick’s Day Festival, and the Holiday Tree Lighting. Additionally, anticipated park and facility dedications/groundbreakings in the next two fiscal years include the Dublin Art Center, Jordan Ranch Neighborhood Square, Wallis Ranch Community Park, and others. 359
Per the City’s purchasing policy, Staff conducted a formal bid process, with a Request for Proposals (RFPs) published on February 28, 2024 (Attachment 7). The RFPs were published on the City’s website, with direct emails to known vendors that previously provided services or similar services to other organizations.
Two qualified responses to the RFP for electrical services were received for Staff review. The two responding vendors were HERC Rentals and Generator World. Staff reviewed and evaluated each proposal and determined that both vendors were qualified and capable of performing the requested services. This resulted in a recommendation to use the vendor with the lowest cost. The RFP requested pricing for various items, including generators and other miscellaneous equipment, which all have varying costs. It was determined that HERC Rentals had the overall lowest bid, resulting in a lower impact on the City’s General Fund over the agreement term. HERC Rentals has provided similar equipment to the City for several years with an excellent customer service track record; therefore, Staff recommends the City Council adopt a resolution approving an agreement with HERC Rentals for the contract period of July 1, 2024 - June 30, 2026 (Attachment 1).
One response to the RFP for lighting and sound services was received for Staff to review.
Primetime Entertainment has provided services for the City in recent years and has demonstrated an ability to perform services as expected; therefore, Staff recommends the City Council adopt a resolution approving an agreement with Primetime Entertainment for the contract period of July 1, 2024 - June 30, 2025 (Attachment 3).
Two responses to the RFP for staging, tenting, and other event furniture rentals were received.
The two responding vendors were Special Events and Stuart Rentals. Staff reviewed and evaluated each proposal and determined that both vendors were qualified and capable of performing the requested services. This resulted in a recommendation to use the vendor with the lowest cost. The RFP requested pricing for various items, including tables, stages, tents, etc., with varying costs. It was determined that Special Events had the overall lowest bid, resulting in a lower impact on the City’s General Fund over the agreement term. Special Events has provided similar equipment to the City for several years and has an excellent customer service track record. Additionally, Special Events has proven to be flexible in working with Staff to help keep costs within budget while meeting event needs. Staff recommends the City Council adopt a resolution approving an agreement with Special Events for the contract period of July 1, 2024 - June 30, 2025 (Attachment 5).
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
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ATTACHMENTS:
1) Resolution Approving an Agreement with HERC Rentals for Electrical Equipment Rental for City-Produced Events
2) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and HERC Rentals
3) Resolution Approving an Agreement with Primetime Entertainment for Lighting and Sound Services for City-Produced Events
4) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and Primetime Entertainment
5) Resolution Approving an Agreement with Special Events for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events
6) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and Special Events Rentals
7) Requests for Proposals
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Attachment 1
Reso. No. XX-24, Item 5.3, Adopted 06/25/2024 Page 1 of 1 RESOLUTION NO. XX – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH HERC RENTALS FOR ELECTRICAL EQUIPMENT
RENTAL FOR CITY-PRODUCED EVENTS
WHEREAS, the Parks and Community Services Department’s special events require additional electrical equipment beyond what is owned by the City of Dublin; and WHEREAS, the Parks and Community Services Department sought quotes for electrical equipment rental services; and
WHEREAS, HERC Rentals was identified as the lower qualified bidder, of two companies that submitted bids, has provided similar services for the City of Dublin in the past, and is capable of providing services as specified Exhibit A.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin does herby approve the Contractor Services Agreement between the City of Dublin an HERC Rentals attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Services Agreement between July 1, 2024
City of Dublin and Herc Rentals Page 1 of 15
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
HERC RENTALS
THIS AGREEMENT for electrical equipment rentals is made by and between the City of Dublin (“City”) and Herc Rentals. (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2024 (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, 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.
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.
Attachment 2
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Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $120,000 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this 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;
The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this 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.
Attachment 2
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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 Intentionally Deleted.
2.6 Intentionally Deleted.
2.7 Intentionally Deleted.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10 Intentionally Deleted.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.
3.0 List of Available Resources.
Any public park or facility as defined in Exhibit A
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.
Attachment 2
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Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.
Attachment 2
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City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
Attachment 2
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4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Attachment 2
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4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
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.
Attachment 2
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4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions 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.
Attachment 2
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Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its 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, Attachment 2
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Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
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 Attachment 2
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Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents 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.
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9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
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 Attachment 2
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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:
HERC Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
Any written notice to City shall be sent to:
City of Dublin
Attn: City Manager
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.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.11 Counterparts and Electronic Signatures . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
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10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN HERC RENTALS
Linda Smith, City Manager Zach Yawornisky, HERC Rentals Inc.
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
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EXHIBIT A
SCOPE OF SERVICES
Vendor will provide rental, delivery, set-up, and teardown of electrical equipment. Vendor is expected to have multiple units of each size generator to meet the needs of the community events.
General requirements and services for all City of Dublin events and festivals:
Event dates and times are subject to change at sole discretion of City.
Confirm all logistics with City staff one month prior to the event dates.
Assist City staff in identifying all event electrical needs.
This agreement does not confirm the City’s exact needs as event details and layout may change. Exact orders and equipment need’s will be confirmed 10 days prior to each event.
Ensure all equipment meets City and Alameda County Fire Department requirements for placement, fire suppression, etc.
Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment placement and proper functionality.
Provide an on-site equipment technician on the event date(s).
The following is a schedule of the City of Dublin events and festivals for Fiscal Years 2024-2026:
SCHEDULE OF EVENTS
Event Date General Overview of Services Required
St. Patrick’s Day Celebration March 15-16, 2024
March 14-15, 2025
- Ability to power without interruption:
o three stages of entertainment
o 24 hour power to two
beverage bars, ice trailer and
food court for two days
Splatter September 14, 2024
September 13, 2025
- Ability to power without interruption:
o three stages of entertainment
o 24 hour power to one beverage
bar, ice trailer and food court for
one day
Tree Lighting December 5, 2024
December 4, 2025
- Ability to power:
o One stage of entertainment
o Holiday light displays
Park Openings as Needed Dates TBD Needs dependent upon the event Attachment 2
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
GENERATORS/ELECTRICAL DISRIBUTION
Description Notes Cost per day
70 KW generator $430
55 KW generator $315
25 KW generator $213
LED Light tower generator $134
400-amp Distro Panel $40
Spider Box $17
Spider Box Cables (100 ft) $35
Extension Cord (50 ft) $11
Cable Ramps $16
One On – Site Technician Per hour $95/hr
Fuel cost (as needed, to be billed after event) Per gallon $7.00 or market price Labor – Installation (if not included) $110/hr
Delivery per day, per truck $300
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Attachment 3
Reso. No. XX-24, Item 5.3, Adopted 06/25/2024 Page 1 of 1 RESOLUTION NO. XX – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH PRIMETIME ENTERTAINMENT FOR LIGHTING AND
SOUND SERVICES FOR CITY-PRODUCED EVENTS
WHEREAS, the Parks and Community Services Department special events require additional lighting and sound equipment beyond what is owned by the City of Dublin; and WHEREAS, the Parks and Community Services Department sought quotes for lighting and sound services; and
WHEREAS, Primetime Entertainment, the sole bidder, has provided similar services for the City of Dublin in the past, and is capable of providing services as specified Exhibit A.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin does hereby approve the Contractor Services Agreement between the City of Dublin and Prime Time Entertainment attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PRIME TIME ENTERTAINMENT, INC.
THIS AGREEMENT for Sound and Lighting Services is made by and between the City of Dublin (“City”) and Prime Time Entertainment, Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2024 (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, 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.
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.
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City of Dublin and Prime Time Entertainment, Inc. Page 2 of 15 Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $100,000 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this 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;
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City of Dublin and Prime Time Entertainment, Inc. Page 3 of 15 Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
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 Intentionally Deleted.
2.6 Intentionally Deleted.
2.7 Intentionally Deleted.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10 Intentionally Deleted.
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City of Dublin and Prime Time Entertainment, Inc. Page 4 of 15 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.
3.0 List of Available Resources.
Any public park or facility as defined in Exhibit A
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.
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City of Dublin and Prime Time Entertainment, Inc. Page 5 of 15 CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
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City of Dublin and Prime Time Entertainment, Inc. Page 6 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
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City of Dublin and Prime Time Entertainment, Inc. Page 7 of 15 c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee Attachment 4
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City of Dublin and Prime Time Entertainment, Inc. Page 8 of 15 satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until Attachment 4
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City of Dublin and Prime Time Entertainment, Inc. Page 9 of 15 disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions 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.
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its 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.
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
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 Attachment 4
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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.
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
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:
Prime Time Entertainment
2430 Research Drive
Livermore, CA 94550
Any written notice to City shall be sent to:
City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
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10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services & Compensation Schedule
10.11 Counterparts and Electronic Signatures . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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CITY OF DUBLIN Prime Time Entertainment, Inc.
Linda Smith, City Manager Jim Douglas, Owner
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
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EXHIBIT A
SCOPE OF SERVICES & COMPENSATION SCHEDULE
Primetime Entertainment will provide sound and lighting services for the following City of Dublin events and festivals for Fiscal Years 2024-2026:
General requirements and services for all City of Dublin events and festivals:
Event dates and times are subject to change at sole discretion of City.
Electrical service will be provided by City. Contractor shall confirm electrical capacity is adequate for the equipment being used for City events and festivals.
Complete all setup of all sound and lighting equipment at least two hours prior to the scheduled sound check.
Event Dates of Service/Event Dates Scope of Services Cost Summer Concert
Series (8-10
Concerts)
Emerald Glen Park
4201 Central
Parkway
- Select Thursdays as
specified by the City
- Connect with the entertainment at
least two weeks prior to their
scheduled concert night to receive
sound needs and stage plot.
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc.
- Provide up-lighting for onstage
entertainment.
- Provide an on-site sound technician
for a 120 minute set and sound
check.
- Provide DJ/emcee services and
crowd friendly music between sets.
$1,650.00
(cost per event)
Splatter
Emerald Glen Park
4201 Central
Parkway
- September 14, 2024
- September 13, 2025
- Connect with the entertainment for
three performance stages at least
one month prior to the event date to
receive sound needs and stage plot
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc. for three stages
- Provide up-lighting for the
entertainment for all three stages.
- Provide an on-site sound technician
for a 120 minute set and sound
check for all three stages.
$4,600.00 (yearly
cost per event)
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- Provide DJ/emcee services, crowd
friendly music between sets for all
three stages.
Tree Lighting
Dublin Civic
Center
100 Civic Plaza
- December 5, 2024
- December 4, 2025
- Connect with the entertainment at
least two weeks prior to their
scheduled concert night to receive
sound needs and stage plot.
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, emcee microphone and
podium stand, etc.
- Provide up-lighting for the
entertainment.
- Provide an on-site sound technician
for two 30-60 minute sets.
- Provide DJ/emcee services, crowd
friendly music between sets.
$1,500.00 (yearly
cost per event)
St. Patrick’s
Day Celebration
Dublin Civic Center
100 Civic Plaza
- March 15-16, 2025
- March 14-15, 2026
- Connect with the entertainment for
three stages at least one month
prior to the event date to receive
sound needs and stage plot.
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc. for three stages.
- Provide up-lighting for the
entertainment for three stages.
- Provide an on-site sound technician
and sound check for three stages.
- Provide DJ/emcee services and
crowd friendly music between sets
three stages.
$6,700.00 (yearly
cost per event)
Park Openings and
other Dedication
Events as Needed
(Per Event)
Dates and times are to be
determined and all locations will
be within the City of Dublin.
- Connect with the entertainment at
least two weeks prior to their
scheduled performance date to
receive sound needs and stage
plot.
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc.
- Provide up-lighting for the
entertainment.
- Provide an on-site sound technician
for four 60-minute sets and sound
$750.00 (per
event cost)
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check.
- Provide DJ/emcee services and
crowd friendly music between sets.
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Attachment 5
Reso. No. XX-24, Item 5.3, Adopted 06/25/2024 Page 1 of 1 RESOLUTION NO. XX – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH SPECIAL EVENTS RENTALS FOR TENTS, STAGES,
AND OTHER EVENT FURNITURE RENTALS FOR CITY-PRODUCED EVENTS WHEREAS, the Parks and Community Services Department’s special events require additional event furnishings beyond what is owned by the City of Dublin; and WHEREAS, the Parks and Community Services Department sought quotes for event equipment and furnishings; and
WHEREAS, Special Events Rentals was identified as the lower bidder of two companies that submitted bids, has provided similar services for the City of Dublin in the past, and is capable of providing services as specified in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Contractor Services Agreement between the City of Dublin and Special Events Rentals attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
SPECIAL EVENTS
THIS AGREEMENT for special event tents, stages and other event furniture rentals is made by and between the City of Dublin (“City”) and Special Events. (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2024 (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, 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 services 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.
S
ection 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $250,000 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be Attachment 6
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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;
The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this 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.
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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 Intentionally Deleted.
2.6 Intentionally Deleted.
2.7 Intentionally Deleted.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10 Intentionally Deleted.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.
3.0 List of Available Resources.
Any public park or facility as defined in Exhibit A
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.
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Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.
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City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
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4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
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4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
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.
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4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions 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.
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Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its 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, Attachement 6
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Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.
Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
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 Attachement 6
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Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents 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.
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9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
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 Attachement 6
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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:
Special Events
174 Lawrence Drive, Suite A
Livermore, CA 94551
Any written notice to City shall be sent to:
City of Dublin
Attn: City Manager
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.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.11 Counterparts and Electronic Signatures . This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
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10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN SPECIAL EVENTS
Linda Smith, City Manager Archille Cuyle, Sales Director Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
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EXHIBIT A
SCOPE OF SERVICES
Vendor will provide rental, delivery, set-up, and teardown of event related rental furnishing, such as furniture, tenting and staging for the following City of Dublin events and festivals for Fiscal Years 2024- 2026:
General requirements and services for all City of Dublin events and festivals:
Event dates and times are subject to change at sole discretion of City.
Confirm all event logistics with City staff one month prior to the event dates.
Assist City staff in identifying all event needs.
Event Date
General Overview of Services
Required
St. Patrick’s Day
Celebration
100 Civic Plaza
March 15-16, 2025
March 14-15, 2026
- Use of equipment for a two-day
festival
- Expect load-in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Chairs
Summer Concert Series –
8 Concert Series
4201 Central Parkway
Select Thursdays June-August
- Bandshell to cover existing outdoor
Amphitheater Stage
Splatter
4201 Central Parkway
September 14, 2024
September 13, 2025
- Use of equipment for a one-day
festival
- Expect load-in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Folding Chairs
Tree Lighting
100 Civic Plaza
December 5, 2024
December 4, 2025
- Riser to hold up to 100 performers
- Tent with lighting to cover riser
- Folding Chairs
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City of Dublin and Special Events Exhibit A – Page 2 of 2 Ensure all tenting and other equipment meets City and Alameda County Fire Department requirements for ingress, egress, fire suppression, total occupancy, etc.
Provide staff to be onsite during inspections by City staff and Alameda County Fire.
This agreement does not confirm the City’s exact needs as event details and layout may change.
Exact orders and equipment need’s will be confirmed 10 days prior to each event.
Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment setup and placement.
Park Openings as Needed Dates TBD - Determined by the nature of the event but anticipated needs
include:
o Staging
o Festival Tenting
o Folding Chairs
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EXHIBIT B
COMPENSATION SCHEDULE
STAGES
Description Location/Notes COST
20”x32”x3 stage w/ accompanying equipment Main Stage St. Pats $2796 20”x32”x24” stage w/ accompanying equipment Dance Stage St. Pats $2860 20”x20”x24” stage w/ accompanying equipment Pub Stage St. Pats $1802 20”x20”x6’ stage w/ accompanying equipment Side Yard Stage Splatter $1577 20”x32”x36” stage w/ accompanying equipment Main Stage Splatter $2796 8’x28”x16” stage w/ accompanying equipment Performance Stage Tree Lighting $1172.10 4’x4’x2’ stage w/ accompanying equipment TV 30 Stage/Riser Tree Lighting $151.50 30 Gallon Sand Barrel Tent Anchor $44
600lb Block Tent Anchor $90
800lb Block Tent Anchor $105
1 Ton Block Tent Anchor $135
Ox Fee Anchor Moving Equip $400
Block Covers White Covers for Concrete Blocks $30
Lighting Packages for Stages Various $.50 per sq ft
Fire Extinguisher Package Per Fire Code $71.50 / 124
Delivery Fees Varies
TENTING
Description Location/Notes COST
10’x10’x8’ Quick Top One Piece Green Rooms, Bike Valets, Sound Tech $170 Festival tent 10’x20’x8’ Vendor/sponsors $257.50
Festival tent 20’x20’x10’ Vendor/sponsors $400
Festival tent 20’x40’x10’ Shaded Seating Area $800
Festival tent 40’x40’x10’ Shaded Seating Area $1600
20’x20’x10 White Fastrack Bandshell Tent Outdoor Concert – Emerald Glen Amp $1703 30’x20’x10 White Fastrack Bandshell Tent Amphitheater/Main Stage St Pats $1703 Side Wall Package for 10’x10’ Green Rooms/City Booths $38.50 Side Wall Package for 10’x20’ Performance area/sponsor tents $77 Half Wall Package for 10’x10’ For Sponsor Tents $30
Half Wall Package for 10’x20’ For Sponsor Tents $60
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City of Dublin and Special Events Exhibit B – Page 2 of 2 Set of 4 Barrels 30 gallons Water Provided $72
Set of 4 Barrels 55 gallons Water Provided $96
Barrel covers for 30 gallon Water Provided $10
Barrel covers for 55 gallon Water Provided $12
Festival Flags (multiple color options) $0
Fire Extinguisher Package Per Fire Code $73.50 /128.50
Delivery Fees Varies
TABLES/CHAIRS
Description Location/Notes COST
Ivory Folding Chairs Cost per chair $1.55 / 1.85
Table, 48” rounds Cost per Table $11
Table, 60” rounds Cost per Table $11.25
Table, 6’x30” banquet table Cost per Table $9.75
Table, 8’x30” banquet table Cost per Table $10.85
Table, 8’x18” narrow table Cost per Table $15.50
Delivery Fees Varies
*All rates subject to annual increase as approved by the City Manager, or their designee. Contractor must submit all rate increases by June 1st of each year. Rate increases shall not exceed 3% annually.
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REQUEST FOR PROPOSALS
FOR ELECTRICAL SERVICES
July 1, 2024-June 30, 2026
City of Dublin
Posted: February 28, 2024
Proposals must be received by: March 20, 2024, by 4:00 PM (Pacific Time) Contact: City of Dublin Parks and Community Services
Attn: Special Events/Lauren Marriott
[email protected]
100 Civic Plaza, Dublin, CA 94568
925-833-6645
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BACKGROUND
This Request for Proposal is for rental, delivery, set-up, and tear-down of event-related electrical equipment. Please submit a proposal, using the included fee worksheet, which includes all associated costs that meet and/or exceed the following specifications for electrical equipment rentals for City of Dublin Special Events.
SCOPE OF WORK
Bidding company will provide rental, delivery, set-up, and teardown of electrical equipment.
Bidding company is expected to have multiple units of each size generator to meet the needs of the community events. The following is a schedule of the City of Dublin events and festivals for Fiscal Years 2024-2026:
General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City. • Confirm all logistics with City staff one month prior to the event dates. • Assist City staff in identifying all event electrical needs. • This agreement does not confirm the City’s exact needs as event details and layout may change. Exact orders and equipment needs will be confirmed 10 days prior to each event.
• Ensure all equipment meets City and Alameda County Fire Department requirements for placement, fire suppression, etc.
• Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment placement and proper functionality. • Provide an on-site equipment technician on the event date(s).
SCHEDULE OF EVENTS
Event Date General Overview of Services Required
St. Patrick’s Day Celebration March 15-16, 2025
March 14-15, 2026
- Ability to power without
interruption:
o three stages of
entertainment
o 24 hour power to two
beverage bars, ice trailer
and food court for two
days
Splatter September 14, 2024
September 13, 2025
- Ability to power without
interruption:
o three stages of
entertainment
o 24 hour power to one
beverage bar, ice trailer and
food court for one day
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Tree Lighting December 5, 2024
December 4, 2025
- Ability to power:
o One stage of
entertainment
o Holiday light displays
Park Openings as Needed Dates TBD Needs dependent upon the event
SELECTION PROCESS
After reviewing the proposals, the City may conduct interviews with qualified businesses. If the City chooses to conduct interviews, it will notify selected contractors after the proposal submittal date to arrange an interview time. Determination of the best quote(s) shall be based upon, but not limited to, the following:
• Cost;
• Ability, capacity, and skill of the contractor to deliver all requested rental equipment promptly or at the time specified;
• Reputation and experience of the contractor;
• Previous experience of the contractor with the City;
• Previous and existing compliance by the contractor with laws and ordinances; • The quality, availability, and adaptability of supplies
KEY DATES & RFP SCHEDULE
Milestone Date
RFP Issued February 28, 2024
Proposals Due 4:00 PM, March 20, 2024
Interviews (as deemed necessary) March 22, 2024
Selection March 25, 2024
City Council Consideration/
Approval of Agreement (if required)
May 2024 – Subject to Change
Agreement Begins July 1, 2024
*All dates are tentative and subject to change.
PROPOSAL SUBMISSION DIRECTIONS AND REQUIREMENTS
• All submissions must be submitted electronically to [email protected]. It is the responsibility of the submitting vendor to verify the proposal was received. • Submission must include a completed signature page with a point of contact that is qualified to submit on behalf of the contact’s company. • Submission must include a complete fee worksheet. If the specific item is not available, please list NA in the cost column.
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GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION, AND SELECTION The City of Dublin reserves and may exercise the following rights and options with respect to the proposal submission, evaluation, and selection process.
The right to:
• Reject any or all proposals and re-issue the RFP at any time prior to execution of a final contract, if, in the City’s sole discretion, it is in the City’s best interest to do so;
• Waive any informalities, defects, non -responsiveness, or irregularities that, in the City’s sole judgment, are not material to the proposal;
• Reject any proposal that does not address the requirements or scope of work of the RF P or that is incomplete or not in conformity or compliance with applicable laws;
• Supplement, amend, substitute, or otherwise modify the RF P at any time prior to selection of one or more contractors for negotiation and to cancel the RFP with or without issuing another RFP;
• Accept or reject any or all items in any proposal and award the contract(s) in whole or in part if it is deemed in the City’s best interest to do so;
• Request that some or all contractors modify proposals based on the City’s review and evaluation;
• Conduct such investigations with respect to the financial, technical, and other qualifications of each contractor as the City, in its sole discretion, deems necessary or appropriate.
GENERAL INFORMATION
• Selected contractor will directly operate the equipment rentals that they are awarded.
• This RFP does not constitute a contract or an offer of employment and does not commit the City to award a contract . The City may enter into negotiations for an agreement, on terms and conditions satisfactory to the City, with one or more selected contractors; however, the City reserves the right to terminate any negotiations at any time.
• Any cost incurred by contractor in preparing and providing a response to the RFP is solely the responsibility of the contractor.
• When a contractor has been selected by the City, the City, and contractor shall negotiate a contract. A draft template contract is attached; however, the City reserves the right to Attachment 7
422
modify the template at any time prior to final contract execution. If the terms of the contract cannot be agreed upon for any reason, another contractor may be selected.
• After successful negotiation of a contract with a contractor, City may bring forth a staff report to the City Council for consideration. Once the contract has been approved, the contractor will be notified by phone and email. Contractors will be required to obtain and during the term of the contract maintain, insurance policies as detailed in the attached Contractor Services Agreement.
• The successful contractor shall commence work on the date specified in the fully executed contract, which will be transmitted to the contractor after City Council approval of the contract (if applicable).
INSURANCE REQUIREMENTS
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements as outlined below and in the City standard agreement:
General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000
STANDARD CONSULTING AGREEMENT
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on an agreed upon fee for the specified scope of work. A sample of the City’s Standard Contact Services Agreement, including insurance requirements, is provided as Attachment 1.
If the interested vendor desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification.
Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested vendor is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal.
CONFLICT OF INTEREST
Proposer agrees that, for the term of this contract, no member, officer, or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.
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EQUAL OPPORTUNITY EMPLOYER
Proposer 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.
GOVERNING LAW
This RFP summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.
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FEE WORKSHEET
ELECTRICAL ITEMS
GENERATORS/ELECTRICAL DISRIBUTION
Description Notes Cost per day
70 KW generator $
55 KW generator $
25 KW generator $
LED Light tower generator $
400-amp Distro Panel
Spider Box $
Spider Box Cables (100 ft) $
Extension Cord (50 ft) $
Cable Ramps $
One On – Site Technician Per hour $
Fuel cost (as needed, to be billed after event) Per gallon $
Labor – Installation (if not included) $
Delivery per day, per truck $
ATTACHMENTS
• Standard Contractor Services Agreement Template
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SIGNATURE AND POINT OF CONTACT
The undersigned offers and agrees to furnish the above articles and/or services at the prices and terms stated subject to the general conditions of this quote.
Signature: __________________________________________Date: ______________________ Name of Contact Person: _________________________________________________________ Name of Firm: __________________________________________________________________ Address: ______________________________________________________________________ City: _________________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________________ E-mail Address: ________________________________ Website__________________________
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REQUEST FOR PROPOSALS
TENTING AND STAGING – CITY OF DUBLIN
July 1, 2024 - June 30, 2026
City of Dublin
Posted: February 28, 2024
Proposals must be received by: March 20, 2024, by 4:00 PM (Pacific Time)
Contact: City of Dublin Parks and Community Services
Attn: Special Events/Lauren Marriott
[email protected]
100 Civic Plaza, Dublin, CA 94568
925-833-6645
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BACKGROUND
This Request for Proposals is for rental, delivery, set-up, and tear-down of event-related rental furnishings, such as tenting and st aging. Please submit a proposal that includes all associated costs that meet and/or exceed the following proposal specifications for rental equipment f or City of Dublin Special Events.
SCOPE OF WORK
Vendor will provide rental, delivery, set-up, and teardown of event related rental furnishing, such as furniture, tenting, and staging for the following City of Dublin events and festivals for Fiscal Years 2024-2026:
General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City. • Confirm all event logistics with City staff one month prior to the event dates. • Assist City staff in identifying all event needs.
• Ensure all tenting and other equipment meets City and Alameda County Fire Department requirements for ingress, egress, fire suppression, total occupancy, etc. • Provide staff to be onsite during inspections by City staff and Alameda County Fire. • This RFP does not confirm the City’s exact needs as event details and layout may change. Exact orders and equipment needs will be confirmed 10 days prior to each event.
• Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment setup and placement.
SCHEDULE OF EVENTS AND GENERAL DESCRIPTION
Event Date
General Overview of Services
Required
St. Patrick’s Day
Celebration
100 Civic Plaza
March 15-16, 2025
March 14-15, 2026
- Use of equipment for a two-day
festival
- Expect load-in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Chairs
Summer Concert Series
– 8 Concert Series
4201 Central Parkway
Select Thursdays June-
August
- Bandshell to cover existing
outdoor Amphitheater Stage
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Splatter
4201 Central Parkway
September 14, 2024
September 13, 2025
- Use of equipment for a one-day
festival
- Expect load-in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Folding Chairs
Tree Lighting
100 Civic Plaza
December 5, 2024
December 4, 2025
- Riser to hold up to 100
performers
- Tent with lighting to cover riser
- Folding Chairs
Park Openings as
Needed
Dates TBD - Determined by the nature of the
event but anticipated needs
include:
o Staging
o Festival Tenting
o Folding Chairs
SELECTION PROCESS
After reviewing the proposals, the City may conduct interviews with qualified businesses. If the City choose s to conduct interviews, it will notify selected contractors after the proposal submittal date to arrange a n interview time. Determination of the best quote(s) shall be based upon, but not limited to, the following:
• Cost;
• Ability, capacity, and skill of the contractor to deliver all requested rental equipment promptly or at the time specified;
• Reputation and experience of the contractor;
• Previous experience of the contractor with the City;
• Previous and existing compliance by the contractor with laws and ordinances; • The quality, availability, and adaptability of supplies
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KEY DATES & RFP SCHEDULE
Milestone Date
RFP Issued February 28, 2024
Proposals Due 4:00 PM, March 20, 2024
Interviews (as deemed necessary) March 22, 2024
Selection March 25, 2024
City Council Consideration/
Approval of Agreement (if required)
May 2024 – Subject to Change
Agreement Begins July 1, 2024
*All Dates are tentative and subject to change.
PROPOSAL SUBMISSION DIRECTIONS AND REQUIREMENTS
• All submissions must be submitted electronically to [email protected]. It is the responsibility of the submitting vendor to verify the proposal was received. • Submission must include a completed signature page with a point of contact that is qualified to submit on behalf of the contacts company.
• Submission must include a complete fee worksheet. If the specific item is not available, please list NA in the cost column.
GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION, AND SELECTION The City of Dublin reserves and may exercise the follow ing rights and options with respect to the proposal submission, evaluation, and selection process.
The right to:
• Reject any or all proposals and re-issue the RFP at any time prior to execution of a final contract, if, in the City’s sole discretion, it is in the City’s best interest to do so;
• Waive any informalities, defects, non-responsiveness, or irregularities that, in the City’s sole judgment, are not material to the proposal;
• Reject any quotation that doe s not addre ss the requirements or scope of work of the RFP or that is incomplete or not in conformity or compliance with applicable laws;
• Supplement, amend, substitu te, or otherwise modify the RFP at any time pri or to selection of one or more contractors for negoti ation and to cancel the RFP with or without issuing another RFP;
• Accept or reject any or all items in any proposal and award the contract(s) in whole or in part if it is deemed in the City’s best interest to do so;
• Request that some or all contractors modify proposals based on the City’s review and evaluation;
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• Conduct such investiga tions with respect to the financial, technical, an d ot her qualifications of each contractor as the City, in its sole discretion, deems necessary or appropriate.
GENERAL INFORMATION
• Selected contractor will directly operate the equipment rentals that they are awarded.
• This RFP does not constitute a contract or an offer of employment and does not commit the City to award a contract. The City may enter into negotiations for an agreement, on terms and cond itions satisfactory to the City, wit h one or more selected contractors; however, the City reserves the right to terminate any negotiations at any time.
• Any cost incur red by contractor in prep aring and provid ing a respon se to the RFP is solely the responsibility of the contractor.
• After successful negotiation of a contract with a contractor, City may bring forth a staff report to the City Council for consideration. Once the contract ha s been approved, t he contractor will be notifie d by p hone and email. Contractors will be required to obtain and during the term of the contract maintain, insurance pol icies as detailed in the attached Contractor Services Agreement.
• The successful contractor shall commenc e work on the date specified in the fully executed con tract, wh ich wi ll b e tran smitted to the contractor after City Council approval of the contract (if applicable).
INSURANCE REQUIREMENTS
The Cont ractor shall provide ins urance coverage as follows in conformance with the City of Dublin’s requirements as outlined below and in the City standard agreement:
General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000
STANDARD CONSULTING AGREEMENT
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on an agreed upon fee for the specified scope of work. A sample of the City’s Standard Contact Services Agreement, including insurance requirements, is provided as Attachment 1.
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If the interested vendor desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification.
Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested vendor is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal.
CONFLICT OF INTEREST
Proposer agrees that, for the term of this contract, no member, officer, or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.
EQUAL OPPORTUNITY EMPLOYER
Proposer 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.
GOVERNING LAW
This RFP summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.
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Fee Worksheet
STAGES
Description Location/Notes COST
20’x32’x3’ stage w/ accompanying equipment Main Stage St. Pats $ 20’x32’x24’ stage w/ accompanying equipment Dance Stage St. Pats $ 20’x20’x24’ stage w/ accompanying equipment Pub Stage St. Pats $ 20’x20’x6’ stage w/ accompanying equipment Garden Stage Splatter $ 20’x32’x36’ stage w/ accompanying equipment Main Stage Splatter $ 8’x28’x16’ stage w/ accompanying equipment Performance Stage Tree Lighting $ 4’x4’x2’ stage w/ accompanying equipment TV 30 Stage/Riser Tree Lighting $ 30 Gallon Sand Barrel
600lb Block Tent Anchor $
800lb Block Tent Anchor $
1 Ton Block Tent Anchor $
Ox Fee Anchor Moving Equip $
Block Covers White Covers for Concrete Blocks $
TENTING
Description Location/Notes COST
10’x10’x8’ Quick Top One Piece Green Rooms, Bike Valets, Sound Tech $
Festival tent 10’x20’x8’ Vendor/sponsors $
Festival tent 20’x20’x10’ Vendor/sponsors $
Festival tent 20’x40’x10’ Shaded Seating Area $
Festival tent 40’x40’x10’ Shaded Seating Area $
20’x20’x10 White Fastrack Bandshell Tent Outdoor Concert – Emerald Glen Amp $ 30’x20’x10 White Fastrack Bandshell Tent Amphitheater/Main Stage St Pats $
Side Wall Package for 10’x10’ Green Rooms/City Booths $ Side Wall Package for 10’x20’ Performance area/sponsor tents $ Half Wall Package for 10’x10’ For Sponsor Tents $
Half Wall Package for 10’x20’ For Sponsor Tents
Set of 4 Barrels 30 gallons Water Provided $
Set of 4 Barrels 55 gallons Water Provided $
Barrel covers for 30 gallon Water Provided $
Barrel covers for 55 gallon Water Provided $
Festival Flags (multiple color options) $
Fire Extinguisher Package Per Fire Code $
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Delivery Fees $
Fee Worksheet Continued
TABLES/CHAIRS
Description Location/Notes COST
Ivory Folding Chairs Cost per chair $
Table, 48” rounds Cost per Table $
Table, 60” rounds Cost per Table $
Table, 6’x30” banquet table Cost per Table $
Table, 8’x30” banquet table Cost per Table $
Table, 8’x18” narrow table Cost per Table $
Delivery Fees $
ATTACHMENTS
• Standard Contractor Services Agreement Template
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SIGNATURE AND POINT OF CONTACT
The undersigned offers and agrees to furnish the above articles and/or services at the prices and terms stated subject to the general conditions of this quote.
Signature: __________________________________________Date: ______________________ Name of Contact Person: _________________________________________________________ Name of Vendor: __________________________________________________________________ Address: ______________________________________________________________________ City: _________________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________________ E-mail Address: ________________________________ Website__________________________
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REQUEST FOR PROPOSALS
FOR LIGHTING & SOUND SERVICES
July 1, 2024 - June 30, 2026
City of Dublin
Posted: February 28, 2024
Proposals must be received by: March 20, 2024, by 4:00 PM (Pacific Time)
Contact: City of Dublin Parks and Community Services
Attn: Special Events/Lauren Marriott
[email protected]
100 Civic Plaza, Dublin, CA 94568
925-833-6645
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BACKGROUND
This Request for Proposal is for rental, delivery, set -up, and tear-down of event -related sound and lighting equipment. Please submit a quote that includes all associated costs that meet and/or exceed the following quote specifications for sound and lighting equipment for City of Dublin Special Events.
SCOPE OF WORK
Bidding company will provide sound and lighting services for the following City of Dublin events and festivals for Fiscal Years 2024-2026:
• General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at the sole discretion of the City. • City will provide electrical service. The Contractor shall confirm that electrical capacity is adequate for the equipment requests for City events and festivals. • Complete all setup and tear down of all sound and lighting equipment at least two hours prior to the scheduled sound check.
SCHEDULE OF EVENTS
Event Date General Overview of
Services Required
St. Patrick’s Day Celebration March 15-16, 2025
March 14-15, 2026
- Front line equipment
for three stages of
outdoor entertainment
Summer Concert Series – 8
Concert Series
Select Thursdays June-August - Front line equipment
for an outdoor
performance on one
stage
- Performance Group
size will range week to
week
Splatter September 14, 2024
September 13, 2025
- Front line equipment
for three stages of
outdoor entertainment
- Main Stage to feature
higher end tribute /
dance bands ranging in
performance size
Holiday Tree Lighting December 5, 2024
December 4, 2025
- Front line equipment
for an outdoor
performance on one
stage
Park Openings as Needed Dates TBD
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SELECTION PROCESS
After reviewing the proposals, the City may conduct interviews with qualified businesses. If the City chooses to conduct interviews, it will notify selected contractors after the proposal submittal date to arrange an interview time. Determination of the best quote(s) shall be based upon, but not limited to, the following:
• Cost
• Ability, capacity, and skill of the contractor to deliver all requested rental equipment promptly or at the time specified
• Reputation and experience of the contractor
• Previous experience of the contractor with the City
• Previous and existing compliance by the contractor with laws and ordinances • The quality, availability, and adaptability of supplies
KEY DATES & RFQ SCHEDULE
Milestone Date
RFP Issued February 28, 2024
Proposals Due 4:00 PM, March 20, 2024
Interviews (as deemed necessary) March 22, 2024
Selection March 25, 2024
City Council Consideration/
Approval of Agreement (if required)
May 2024 – Subject to Change
Agreement Begins July 1, 2024
*All dates are tentative and subject to change.
PROPOSAL SUBMISSION DIRECTIONS AND REQUIREMENTS
• All submissions must be submitted electronically to [email protected]. The submitting vendor is responsible for verifying the proposal was received. • Submission must include a completed signature page with a point of contact qualified to submit on behalf of the contact’s company.
• Submission must include a complete fee worksheet. If the item is unavailable, please list NA in the cost column.
GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION, AND SELECTION The City of Dublin reserves and may exercise the following rights and options with respect to the proposal submission, evaluation, and selection process.
The right to:
• Reject any or all proposals and re-issue the RFP at any time prior to execution of a final contract if, in the City’s sole discretion, it is in the City’s best interest to do so
• Waive any informalities, defects, non -responsiveness, or irregularities that, in the City’s sole judgment, are not material to the proposal
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• Reject any proposal that does not address the requirements or scope of work of the RFP, or that is incomplete or not in conformity or compliance with applicable laws
• Supplement, amend, substitute, or otherwise modify the RF P at any time prior to selection of one or more contractors for negotiation and to cancel the RFP with or without issuing another RFP
• Accept or reject any or all items in any proposal and award the contract(s) in whole or in part if it is deemed in the City’s best interest to do so
• Request that some or all contractors modify proposals based on the City’s review and evaluation
• Conduct such investigations with respect to the financial, technical, and other qualifications of each contractor as the City, in its sole discretion, deems necessary or appropriate
GENERAL INFORMATION
• Selected contractor will directly operate the equipment rentals that they are awarded.
• This RFP does not constitute a contract or an offer of employment and does not commit the City to award a contract. The City may enter into negotiations for an agreement, on terms and conditions satisfactory to the City, with one or more selected contractors; however, the City reserves the right to terminate any negotiations at any time
• Any cost incurred by contractor in preparing and providing a response to the RFP is solely the responsibility of the contractor
• When a contractor has been selected by the City, the City , and the contractor shall negotiate a contract. A draft template contract is attached; however, the City reserves the right to modify the template at any time prior to final contract execution. If the terms of the contract cannot be agreed upon for any reason, another contractor may be selected
• After successful negotiation of a contract with a contractor, City may bring forth a staff report to the City Council for consideration. Once the contract has been approved, the contractor will be notified by phone and email. Contractors will be required to obtain, and during the term of the contract maintain, insurance policies as detailed in the attached Contractor Services Agreement
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• The successful contractor shall commence work on the date specified in the fully executed contract, which will be transmitted to the contractor after City Council approval of the contract (if applicable)
INSURANCE REQUIREMENTS
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements as outlined below and in the City standard agreement:
General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000
STANDARD CONSULTING AGREEMENT
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on an agreed upon fee for the specified scope of work. A sample of the City’s Standard Contact Services Agreement, including insurance requirements, is provided as Attachment 1.
If the interested vendor desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification.
Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested vendor is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal.
CONFLICT OF INTEREST
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.
EQUAL OPPORTUNITY EMPLOYER
Proposer shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
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GOVERNING LAW
This RFP summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.
ATTACHMENTS
• Standard Contractor Services Agreement Template
FEE WORKSHEET
SUMMER CONCERT SERIES
Qty Description COST
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up-lighting for musicians
On Site Sound Technician
- One 120-minute set
- Provide DJ/ emcee services, crowd-friendly music between sets Per Concert Cost $
(please describe) Other Fees $
TOTAL $
SPLATTER
Qty Description Cost
1 Main Stage Performances $
- 4 to 10- piece bands City provided
- 32’ x 20’ covered performance area
- Raised 36” stage
City provided
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
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Light Package City provided
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets
1 Side yard Stage Performances $
- 1 – 4-piece bands City provided
- 12’ x 12’ covered performance area
- Raised 18” stage
City provided
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up-lighting for musicians
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets
1 Outdoor Amphitheater Performances $
- 4 to 10- piece dance or musical groups City provided
- 30’ x 20’ covered performance area (no raised stage) City provided Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up-lighting for performers
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets
(please describe) Other Fees $
TOTAL $
HOLIDAY TREE LIGHTING CEREMONY
Qty Description COST
Outdoor Amphitheater Performance $
- Up to 12-piece band City provided
- Children’s choir of 25 – 35 City provided
- 16’ x 28’ stage (stepped risers are 16” and 32” high) City provided Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
- Emcee microphone and podium stand
Light Package
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- Up-lighting for performers
On Site Sound Technician
- Two 30 – 60 minute sets
- Provide DJ/ emcee services, crowd-friendly music between sets
(please describe) Other Fees $
TOTAL $
ST. PATRICK’S DAY FESTIVAL
Qty Description Cost
1 Main Stage Performances $
- 4 to 10- piece bands City provided
- 32’ x 20’ covered performance area, raised 36” stage City provided Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up-lighting for musicians
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets
1 Pub Stage Performances $
- 3 – 7 piece bands City provided
- 20’ x 20’ covered performance area, raised 24” stage City provided Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
Light Package
- Up-lighting for musicians
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets
1 Irish Dance Stage $
- Up to 20 dancers at a time City provided
- 30’ x 20’ covered performance area, raised 36” stage City provided Provide all front-line equipment
- Speakers, CD/aux input capabilities, microphone
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets
1 Field Demonstrations $
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- Such as gaelic football, hurling, sheepdog exhibition City provided - Speakers and Microphone for announcements
(please describe) Other Fees $
TOTAL $
PARK DEDICATIONS AS NEEDED
Qty Description COST
Outdoor Band Performance
- Up to 6-piece band City provided
Provide all front-line equipment $
- Speakers, cords, microphones, stands, etc.
On Site Sound Technician
- Four 60 minute sets $
- Provide DJ/ emcee services, crowd-friendly music between sets
(please describe) Other Fees $
TOTAL (per event) $
TOTAL (4 events) $
SIGNATURE AND POINT OF CONTACT
The undersigned offers and agrees to furnish the above articles and/or services at the prices and terms stated subject to the general conditions of this proposal.
Signature: __________________________________________Date: ______________________ Name of Contact Person: _________________________________________________________ Name of Firm: __________________________________________________________________ Address: ______________________________________________________________________ City: _________________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________________ Attachment 7
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STAFF REPORT
CITY COUNCIL