Dublin City Council
July 16, 2024

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incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.

18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT.

20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through 179
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this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.
e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.

21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.

22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.

23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.

24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable. 180
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25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT.

SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

SECTION II
ALAMEDA CTC AGREES:

1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.

3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS.

SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
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1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR.

3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.

6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.
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7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.

8. The laws of the State of California shall govern this AGREEMENT.

9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.

11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a prorated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC. 183
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ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.

14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San FranciscoOakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”. 184
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c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.

18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.
b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT.
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c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT.

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.

21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by 186
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ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.

22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.20 and III.21 shall survive the termination or expiration of this AGREEMENT.

26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page]
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CITY OF DUBLIN
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Linda Smith D'Ambrosio Date
City Manager
Tess Lengyel Date
Executive Director
Recommended
By:

Gary Huisingh Date
Deputy Executive Director of
Capital Projects
Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form: Approved as to Legal Form:

By: By:

John Bakker Date
Legal Counsel to CITY OF DUBLIN
Fennemore Wendel Date
Legal Counsel to ALAMEDA CTC
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LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.
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APPENDIX A

PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
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APPENDIX A-1

PROJECT DESCRIPTION
Project Description:

This project will construct complete street improvements on Tassajara Road from North Dublin Ranch Drive to Quarry Lane School. The project will improve approximately ½ mile of Tassajara Road to a fourlane arterial standard, with Class IV bike lanes, sidewalks, landscaped median, stormwater treatment areas, and other associated street improvements including pavement replacement, grinding/overlay, and cross slope correction operations, new pavement and striping.

The project also includes bicycle and pedestrian improvements at the signalized intersections located within the project limit. It will provide improved facilities and connections to students traveling to Quarry Lane School, bus stops, the Wallis Ranch Community Park, Emerald Glen Park, EBRPD Tassajara Creek Regional Park, and Tassajara Creek Class I trail, and the Town Center PDA.

Project Limits
• Tassajara Road from North Dublin Ranch Drive to Quarry Lane School 191
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APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

CONSTRUCTION
• Creation of Class IV bike lanes, sidewalks, landscaped median, and storm water treatment areas. • Improvements to pavement replacement, grinding/overlay, cross slope correction operation, new pavement, and striping
• Improvements at signalized intersections
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APPENDIX A-3

PROJECT MILESTONE SCHEDULE
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Construction
Release Request for Proposal / Advertisement 10/24 11/24 Contract Award 11/24 12/24
Construction Activity 12/24 10/26
Project Closeout 10/26 06/27
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APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
PHASE
Alameda CTC
Administered Funds
Sponsor
Funds Total
Funding 2014 Measure BB
TEP-44
TFCA FY 23-24
Prog Mgr Local Other
Construction $872,00 $128,000 $10,971,000 $11,971,000
Total Project Cost $872,00 $128,000 $10,971,000 $11,971,000 194
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APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered Funds Matching
Funds
Total
Funding
Reimbursement
Ratio
Percentage 2014 Measure BB
TEP-44
TFCA
Prog Mgr
Construction $872,000 $128,000 $10,971,000 $11,971,000 8.35% Total
Funding $872,000 $128,000 $10,971,000 $11,971,000
Notes:
• PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding. 195
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APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.

PHASE COST DETAIL
CONSTRUCTION 2014 Measure BB
TEP-44
TFCA
Prog Mgr
Matching
Funds Total Cost
Sponsor Staff/Labor Cost $ - $ - $ - $ -
Contract(s)/Other Direct
Cost $872,000 $128,000 $10,971,000 $11,971,000
Total Phase Cost
(Staff + Contract Costs) $872,000 $128,000 $10,971,000 $11,971,000 Notes:
• Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).
196
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix B - Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
2014 MBB TEP-44 Construction 5/25/2023 7/1/2023
The Agreement
Expiration Date
serves as the
expenditure deadline
date.
$872,000
TFCA Prog Mgr Construction 5/25/2023 7/1/2023 12/12/2025 $128,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $1,000,000 Agreement Expiration Date: June 31, 2027
Notes:

1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.

2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, Alameda CTC may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD. The above table reflects the first 1-year extension to the TFCA Expenditure deadline from 12/12 2024 to 12/12/2025.
197
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix B - Page 2
APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 FY 24/25 Any TFCA $128,000 $128,000
Subtotal TFCA $128,000
2 FY 24/25 Any 2014 MBB $400,000
2306600
$400,000
3 FY 25/26 Any 2014 MBB $400,000 $800,000
4 FY 26/27 Any 2014 MBB $72,000 $72,000
Subtotal MBB $872,000
Total TFCA and 2014 MBB $1,000,000
Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.
198
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☐
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31st
By January 31st
By April 30th
By July 31st
☒
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30 By January 31st
By July 31st
☒
Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30 By July 31st
☒
Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form
199
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
• Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity • Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/getinvolved/contracting-forms/ • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
200
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix E – Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Progress Report #1: July to December, 2023 January 31, 2024 3 Progress Report #2: January to June, 2024 July 31, 2024 4 FY 2023-24 TFCA Annual (Interim) Report to BAAQMD July 31, 2024 5 Progress Report #3: July to December, 2024
(To include documentation of contract award)
January 31, 2025
6 Progress Report #4: January to June, 2025 July 31, 2025 7 FY 2024-25 TFCA Annual (Interim) Report to BAAQMD July 31, 2025 8 Progress Report #5: July to December, 2025 January 31, 2026 9 Progress Report #6: January to June, 2026 July 31, 2026 10 FY 2025-26 TFCA Annual (Interim) Report to BAAQMD July 31, 2026 11 Progress Report #6: July to December, 2026 January 31, 2027 12 Copy of Photos or resolution to confirm construction completion By the Agreement Expiration Date
13 Final Invoice By the Agreement
Expiration Date
14 TFCA Final Report for BAAQMD
(Report ot include documentation of BAAQMD logo use)
Within 3 months of project
completion, but no later
than the Agreement
Expiration Date
15 Final Report By the Agreement
Expiration Date
Note:
• Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.
201
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Appendix F is Not Applicable.
202
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix G – Page 1

APPENDIX G

TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

Appendix Index
Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects 203
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix G – Page 1
APPENDIX G-1
TFCA PROJECT NUMBER AND “YEARS OF EFFECTIVENESS”
The PROJECT’s established TFCA Project Number is to be included on all PROJECT reports and invoices.

The PROJECT’s established period for TFCA “Years of Effectiveness” is used by Alameda CTC and BAAQMD to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/or operate the PROJECT, per BAAQMD requirements. It is not intended to reflect the number of years a capital project is expected to last.

TFCA Project Number:
• 24ALA02
TFCA “Years of Effectiveness”:
• Seven ( 7 ) years
204
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix G – Page 1
APPENDIX G-2

BAAQMD-APPROVED TFCA COUNTY PROGRAM MANAGER FUND POLICIES

Projects awarded TFCA County Program Manager funding by Alameda CTC are to be consistent with the BAAQMD’s Board-Adopted TFCA County Program Manager Fund Policies.

The following policies apply to the BAAQMD TFCA County Program Manager funding awarded to PROJECT:
• BAAQMD Board-Adopted TFCA County Program Manager Fund Policies for FYE 2024 • These Policies are available for view and download from the Alameda CTC’s website:
https://www.alamedactc.org/wpcontent/uploads/2023/06/FYE24_TFCA_CPM_Policies_clean_MSC_20221 027.pdf
Note: The above link provides a copy of Appendix D: Board-Adopted TFCA County Program Manager Fund Policies for FYE 2024 from BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending 2024. As incorporated into this AGREEMENT, (i) the term “Air District” in the policies shall be deemed to mean and refer to BAAQMD, (ii) “Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “GRANTEE” shall be deemed to mean and refer to SPONSOR. 205
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix G – Page 1
APPENDIX G-3

TFCA INSURANCE REQUIREMENTS
[See Below and Attached]
Note: The below Alameda CTC insurance requirements for TFCA projects are followed by a copy of BAAQMD’s Insurance Guidelines, Appendix F of BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending (FYE) 2024. As incorporated into this Agreement, (i) the term “Air District” in the attached shall be deemed to mean and refer to BAAQMD, (ii) “County Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “Grantee” shall be deemed to mean and refer to SPONSOR.

INSURANCE REQUIREMENTS
Verification of Coverage
SPONSOR is required to provide certificates and/or other evidence of the required insurance coverage prior to the execution of a fund-transfer agreement and annually thereafter throughout and until project completion.

Certificates, policies and other evidence provided shall specify that the ALAMEDA CTC and BAAQMD shall receive 30 days advanced notice of cancellation from the insurers.

Additionally, SPONSOR is to require all professional services consultants, contractors and subcontractors involved with the PROJECT to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by SPONSOR for PROJECT.

Minimum Scope of Insurance
Throughout the Term of the AGREEMENT, SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below:

1. Liability Insurance: with a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor.

2. Property Insurance: in an amount of not less than the insurable value of SPONSOR’s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

3. Workers Compensation Insurance: As required by California law and employers’ insurance with a limit not less than $1 million.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.
206
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix G – Page 1
County Program Manager Fund Expenditure Plan Guidance FYE 2024 Appendix F: Insurance Guidelines
This appendix provides guidance on the insurance coverage and documentation typically required for TFCA County Program Manager Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement.

The typical Funding Agreement requires that each Project Sponsor provide documentation showing that they meet the following requirements for each of their projects. The County Program Manager is not required to meet these requirements itself, unless it is acting as a Project Sponsor.

1. Liability Insurance:

Corporations and Public Entities ‐ a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

Single Vehicle Owners ‐ a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Project Sponsor, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

2. Property Insurance:

New Equipment Purchases ‐ an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

Retrofit Projects ‐ 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Project Sponsor’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

3. Workers Compensation Insurance:

Construction projects – including but not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers’ insurance with a limit not less than $1 million.

4. Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

The Air District may, at its sole discretion, waive or alter this requirement or accept self‐ insurance in lieu of any required policy of insurance.

The following table lists the type of insurance coverage generally required for each project type.

The requirements may differ in specific cases. County Program Managers should contact the Air District liaison with questions, especially about unusual projects. __________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 28 207
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix G – Page 1
County Program Manager Fund Expenditure Plan Guidance FYE 2024 __________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 29 208
Alameda CTC Agreement No. A23-0038
Project No. 1601000
Appendix G – Page 1
APPENDIX G-4

REPORTING FORMS FOR TFCA-FUNDED PROJECTS
TFCA Interim Report Form:

The latest electronic version of the BAAQMD TFCA Interim Report form is available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-andreporting-forms/ TFCA Final Report Form:

The latest electronic version of the BAAQMD TFCA Final Report forms are available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-andreporting-forms/ Note: There are four TFCA report form templates. Use the appropriate form, as follows:
• Form 1 - Trip Reduction Projects, for shuttles/feeder bus operations, ridesharing and transportation demand management (TDM) programs, and Smart Growth projects • Form 2 - Alternative Fuel Vehicles, for all vehicle projects • Form 3 - Bicycle Projects, for bicycle lanes, bike sharing, lockers and racks • Form 4 - Arterial Management, for signal timing coordination and upgrades and transit signal priority (TSP)
209
Attachment 3
Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A PROJECT FUNDING AGREEMENT WITH THE TRI-VALLEY TRANSPORTATION COUNCIL FOR THE TASSAJARA ROAD IMPROVEMENTS – NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT, CIP NO. ST0119 WHEREAS, the City of Dublin’s five-year Capital Improvement Program 2024-2029 (CIP) includes the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119 (“Project”); and
WHEREAS, the City of Dublin, as one of the members of the Tri-Valley Transportation Council (“TVTC”), is a signatory to the Joint Exercise of Powers Agreement pertaining to the TriValley Transportation Development Fee (“TVTDF”); and WHEREAS, the City is the Project sponsor and requested a TVTDF funding allocation; and WHEREAS, the Project is identified on List C of the TVTC Strategic Expenditure Plan (“SEP”) and is programmed for funding in the SEP Funding Plan; and WHEREAS, on October 16, 2023, TVTC approved the allocation of $1,450,000 of TVTDF funds for the Project (TVTC Resolution No. 2023-10); and WHEREAS, the Parties desire to enter into a Project Funding Agreement to outline the terms and obligations associated with the allocation of TVTDF funds.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with the Tri-Valley Transportation Council, attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute Exhibit A, and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the Following Page}
210
Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
211
Attachment 4

TRI-VALLEY TRANSPORTATION COUNCIL

FUNDING AGREEMENT BETWEEN THE TRI-VALLEY TRANSPORTATION

COUNCIL AND CITY OF DUBLIN FOR THE ALLOCATION OF TVTDF FUNDS IN THE AMOUNT OF $1,450,000 FOR THE CAMINO TASSAJARA/TASSAJARA ROAD WIDENING PROJECT – QUARRY LANE SCHOOL/WALLIS RANCH DRIVE TO

NORTH DUBLIN RANCH DRIVE
(PROJECT B.8B)
This AGREEMENT is made and entered into as of , 2024 by and between the Tri-Valley Transportation Council and the City of Dublin (DUBLIN), collectively referred to herein as the “Parties.”

RECITALS
A. WHEREAS, DUBLIN, as one of the members of the Tri-Valley Transportation Council (“TVTC”), is a signatory to the Joint Exercise of Powers Agreement pertaining to the Tri-Valley Transportation Development Fee (“TVTDF”); and B. WHEREAS, the Camino Tassajara/Tassajara Road Widening Project – Quarry Lane School/Wallis Ranch Drive to North Dublin Ranch Drive Project (“Project”) is identified on List C of the TVTC Strategic Expenditure Plan (“SEP”) and is programmed for funding in the SEP Funding Plan; and
C. WHEREAS, DUBLIN is the Project sponsor and requested a TVTDF funding allocation; and
D. WHEREAS, pursuant to Resolution No. 2023-10, TVTC approved the allocation of $1,450,000.00 of TVTDF funds to DUBIN for the Project; and E. WHEREAS, the Parties desire to enter into this Funding Agreement to outline the terms and obligations associated with the allocation of TVTDF funds; NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
212

TRI-VALLEY TRANSPORTATION COUNCIL
Tri-Valley Transportation
Council

SECTION I
TVTC AGREES:

A. To allocate and transmit to DUBLIN $1,450,000.00 of TVTDF funds for the Project.

DUBLIN AGREES:

A. To utilize the TVTDF funds solely for the Project, in accordance with the SEP.

B. To keep and maintain accurate documentation consistent with Generally Accepted Accounting Principles (GAAP) related to the expenditure of the TVTDF funds allocated for the Project.

C. To make any and all documentation related to the Project’s use of TVTDF funds available to TVTC or its representatives upon request.

D. To promptly notify TVTC of any unspent TVTDF funds after Project completion and promptly return said funds to TVTC.

SECTION II
IT IS MUTUALLY AGREED:

A. Any notice given under this Funding Agreement shall be in writing and shall be deemed given if delivered personally or mailed by registered or certified mail or commercial overnight courier, return receipt or confirmation of delivery requested, or by facsimile transmission with voice confirmation of receipt, the parties at the following addresses (or at such other address for a party as shall be specified by like notice):

If to DUBLIN:

Pratyush Bhatia, Transportation and Operations Manager
City of Dublin
Transportation Division
100 Civic Plaza
Dublin, CA 94568
[email protected]
If to TVTC:

Adam Cleary,
Attention: TVTC Administrator
Town of Danville
500 La Gonda Way
Danville, CA 94526
[email protected]

SIGNATURES ON THE NEXT PAGE
213

TRI-VALLEY TRANSPORTATION COUNCIL
Tri-Valley Transportation
Council

CITY OF DUBLIN
A Municipal Corporation “DUBLIN”
Linda Smith D'Ambrosio, City Manager
APPROVED AS TO FORM:

John Bakker, City Attorney
ATTEST:

Marsha Moore, City Clerk
City Council Resolution No.

TRI-VALLEY TRANSPORTATION

COUNCIL
Renee Morgan, Chair
APPROVED AS TO FORM:

Steven Mattas, TVTC Counsel
ATTEST:

Adam Cleary, TVTC Administrator
214

TRI-VALLEY TRANSPORTATION COUNCIL

TRI-VALLEY TRANSPORTATION COUNCIL
RESOLUTION NO. 2023-10

A RESOLUTION OF THE TRI-VALLEY TRANSPORTATION COUNCIL
TO ALLOCATE $1,450,000 IN TRI-VALLEY TRANSPORTATION

DEVELOPMENT FEE (TVTDF) FUNDS TO THE CITY OF DUBLIN FOR STRATEGIC EXPENDITURE PLAN PROJECT B-8B CAMINO TASSAJARA/TASSAJARA ROAD WIDENING PROJECT – QUARRY LANE SCHOOL/WALLIS RANCH DRIVE TO NORTH DUBLIN RANCH DRIVE FOR FY 2023-2024
WHEREAS, in 1995, the Tri-Valley Transportation Council (TVTC) adopted the “Tri-Valley Transportation Plan/Action Plan (TVTP/AP) for Routes of Regional Significance; and WHEREAS, in 1998, the TVTC, and the City of Dublin entered into a Joint Exercise Powers of Agreement (JEPA) to provide authority to collect a Tri-Valley Transportation Development Fee (TVTDF) to collect impact fees for the traffic mitigation to be applied to TVTC priority projects; and
WHEREAS, on August 16, 2021 TVTC unanimously approved Resolution No. 2021-10 Adopting the Tri-Valley Transportation Council 2020 Nexus Fee Update Study; and WHEREAS, on April 18, 2022, the TVTC unanimously approved Resolution No 2022-07 Adopting the Strategic Expenditure Plan (SEP) Update and SEP Funding Plan, which guides the expenditure of revenue collected from TVTDF; and WHEREAS, the SEP identifies priorities, project sponsors, and funding for TVTDF projects; and
WHEREAS, the 2022 Strategic Expenditure Plan Update programmed $1,450,000 in fiscal year 2023-24 for the Camino Tassajara/Tassajara Road Widening Project – Quarry Lane School/Wallis Ranch Drive to North Dublin Ranch Drive (Project B-8B); and WHEREAS, design of the Project is underway and is anticipated to start construction in 2024; and
WHEREAS, the City of Dublin is the project sponsor and has requested project funding allocation.

Attachment 5
215

TRI-VALLEY TRANSPORTATION COUNCIL
Tri-Valley Transportation Council
NOW THEREFORE, the Tri-Valley Transportation Council resolves as follows:

1. The TVTC authorizes the TVTC Administrator and Treasurer to transmit $1,450,000 in funds from the TVTDF account to the City of Dublin, the project sponsor for the Camino Tassajara/Tassajara Road Widening Project – Quarry Lane School/Wallis Ranch Drive to North Dublin Ranch Drive (Project B-8B);

2. The TVTC approves the draft Funding Agreement between TVTC and the City of Dublin substantially in the form attached hereto and incorporated herein as Exhibit A, subject to final review and minor modification by TVTC’s General Counsel, and authorizes the Chair to execute the Funding Agreement;

3. The TVTC authorizes any related activities necessary to further the intent of this resolution.

PASSED, APPROVED AND ADOPTED at the meeting of October 16, 2023, by the following votes:

AYES: TESTA, Andersen, Haubert, Perkins, Josey
NOES:

ABSENT: Kiick, Arnerich
ABSTAIN:
________________________________
Jean Josey, Chair
Tri-Valley Transportation Council
ATTEST:
_____________________________________
Sai Midididdi, TVTC Administrative Staff
216
Amount
st0119.2207 (36009610.49999) - (TFCA - Transfer In) 128,000 st0119.2217 (36009610.49999) - (Measure BB Grants - Transfer In) 872,000 st0119.2922 (36009610.49999) - (TVTC Grants - Transfer In) 1,450,000 $1,000,000
128,000
872,000
1,450,000
128,000
872,000
1,450,000
7/16/2024
Posted By:
29220000.47305 - (TVTC Grants - Other Agency Grants)
22170000.47301 - (Measure BB Grants - County Grants)
22070000.47301 - (TFCA - County Grants)
**********Finance Use Only**********
As Presented at the City Council Meeting

CITY OF DUBLIN
The City will receive grant funding of $872,000 in Measure BB funds and $128,000 in Transportation Fund for Clean Air (TFCA) funds from the Alameda County Transportation Commission (Alameda CTC) for the Tassajara Road Improvements Project ST0119, increasing the total project budget by $1,000,000 to a total of $15,000,000. Additionally The City will receive $1,450,000 of Tri-Valley Transportation Development Fee discretionary funds from the Tri-Valley Transportation Council (TVTC) for the Project. These TVTC funds were already included in the adopted Project budget, as Fund 9997 – Other. The budget change will recategorize and recognize the funding source as Fund 2922 - Tri-Valley Transportation Council Grants.

REASON FOR BUDGET CHANGE
FISCAL YEAR 2024-25

BUDGET CHANGE FORM
Account
ST0119 Tassajara Road Improvements
Transfers Out
Revenue Received

BUDGET INCREASE AMOUNT
st0119.9400.9401 (Improvements)
Funding Sources
Expenses
22070010.89101 - (TFCA - Transfer Out)
29220010.89101 - (TVTC Grants - Transfer Out)
22170010.89101 - (Measure BB Grants - Transfer Out)
Attachment 6
217

STAFF REPORT

CITY COUNCIL

Agenda Item 5.6
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: 2024 Utility Box Art Selection
Prepared by: Shelby Perry, Recreation Coordinator
EXECUTIVE SUMMARY:

The City Council will consider a recommendation from the Heritage and Cultural Arts Commission for artwork to be painted on 10 utility boxes in summer 2024.

STAFF RECOMMENDATION:

Approve the Heritage and Cultural Arts Commission’s recommendations for the 2024 Utility Box Art Program.

FINANCIAL IMPACT:

The cost of 10 utility boxes, including artist payments and miscellaneous supplies, is estimated at $10,350. This project is funded by the Public Art Fund and is included in the adopted Fiscal Year 2024-25 Budget.

DESCRIPTION:

The 2024 Utility Box Art program will include painting 10 utility boxes throughout Dublin. The design theme for this project is “Out of this World.” Artists were encouraged to be as creative as possible when developing images and designs that captured this theme.

In addition, three of the utility boxes scheduled to be painted are near Parks Reserve Forces Training Area (Camp Parks). Artists were encouraged to submit ideas and proposals that honor Camp Parks past, present, and future.

The City sought proposals that incorporated the themes with unique and creative ideas. As with all Public Art projects, artwork themes should also align with the City’s Values, which are a part of the adopted Mission and Vision Statements, including safety, inclusivity, diversity, equality, and history. Artwork must also be suitable for all ages.
218

Staff issued a Call for Artists on February 23, 2024 (Attachment 2), publicizing the opportunity through normal City channels (website, social media, etc.), as well as via email to a list of interested artists, past Dublin utility box artists, and nearby cities with successful utility box art programs. In total, 47 design proposals were received from 32 individual artists by the April 16, 2024, deadline. Twenty professional artists submitted 34 design proposals, and 12 student artists submitted 13 design proposals.

On June 13, 2024, the Heritage and Cultural Arts Commission reviewed the artists’ proposals and deliberated before recommending 10 artist proposals for City Council consideration and approval.

The recommended artists’ resumes, statements, and design proposals are included with this Staff Report (Attachment 1). Below is a table illustrating the utility box locations with the recommended artist and title of the artist’s proposal.

TABLE 1: UTILITY BOX LOCATIONS AND ARTISTS ASSIGNMENTS
Box Box location Artist Proposal Title
Box 1 Dougherty Rd. & Camp Parks Blvd. Anne Giancola Historic Camp Parks Box 2 Dougherty Rd. & Amador Valley Blvd. Jen Huber Fleet City Box 3 Dougherty Rd. & Scarlett Dr. Jen Huber Parks Air Force Base Box 4 Dougherty Rd. & Willow Creek Dr. Lisa Long Climbing Mountains Together
Box 5 Central Pkwy & Arnold Rd. Naghmeh
Danishmand
Proposed Design
Box 6 Central Pkwy & Hacienda Dr. Haley Haslim Dublin Cosmic Dreamscape
Box 7 Gleason Dr. & Hacienda Dr. Alyssa Wang* Cosmic Corgi Box 8 Tassajara Rd. & S Dublin Ranch Dr. Andrew Lott Portal to Day and Night
Box 9 Tassajara Rd. & N Dublin Ranch Dr. Elli Maskiell Bunny Astronaut Box 10 Dublin Blvd. & Grafton St. Iris Shen* Observers
*Student Artists
STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy was provided to the artists. 219

ATTACHMENTS:
1) Utility Box Art Design Proposals from Recommended Artists 2) Call for Artists – Utility Box Art 2024
220
PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art Project
Proposals Not Accepted after Tuesday, April 16, 2024, 12:00AM (midnight} Please indicate experience level:
if1 Professional Artist(s) 0 Student Artisc(
s
)
. under supervision of An Professional
Please indicate any specific box(es) you have proposed a design for, or check 'No Preference' if you would be willing to adapt your design(s) to fit any assigned locacion:
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Co-Artist.. if applicable:

Address:
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Signature of Artist: -c+-- � Date: ___ ,4_-_)4 __ -____ Z __ -1 __ Signature of Co-Artist. if applicable: �ace: ___ ,--1..._-_/__-1 _� 2._41'� Signarure of Co-Artist. if applicable: ____________ Date: _______ _ Supervising Art Professional, if applicable: ___________________ _ Address: ------------------------------
Cicy: ________________ St1te: ______ .Zip: ______ _
Phone: _____________ E-mail Address: ____________ _
Signacurc of Supervising Art Professional _____________ Date: _____ _ Page6 of 6
Attachment 1
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Summary of Qualifications
Communications and a1t expe1t with a rich histo1y of b1idging community and culture. Exemplaiy background in utilizing imagination and talent, taking projects from concept to completion.

Professional Experience
Visual Arts and Education Manager, 2014-present
Livermore Valley Arts (L VA), Livermore, CA
• Curate art exhibitions at the Bankhead Alt Galle1y, crossing diverse multiple disciplines of the a.its to create vibrant contemporaiy a1t exhibits.
• Develop and produce all aspects of the visual a1ts operations including exhibit opportunities, receptions, a1t fairs, open studio events ai1d visual a.it aspects for the organization. • Manage all aspects the education depa1tment for L VA including a1t camps and art classes, sn1dent shows at the theater, community culrnral events.
• Produce AltWalk Live1more, a highly successful a1t festival. • Design ai1d produce collateral materials such as brochures, signage, event logos, exhibit and event postcards, social media notices, website design and website updating. • Collaboration with multiple community culrnral groups. • Develop and implement program budgets.

Studio Director and co-Founder Rollstone Studios, Fitchburg, MA 2008 - 2013 • Managed all communications including website, social media initiatives, e-mail mai·keting, adve1tising, press releases, print media, liaison with community organizations. • Plan and implement all events and exhibitions.
• Resource development ai1d grant writing for project and operational support. • Working relationship with government agencies, culrnral a1ts groups, and the public.

Artworks Owner/Artist 1994 -present.

A creative business/or commercial and residential design services. • Design and production of murals, illustration, a1t commissions and a.it classes Software Skills
Softwai·e skills include Mac-based Adobe Creative Suite: Photoshop, InDesign, Illustrator; MS Office Suite; Squarespace, Word Press, Google A11alytics Instructor/Presenter and Community Involvement
• Alameda Countiy Alts Leadership awardee 2022
• City of Pleasanton Civic Arts Commissioner
• Professional presentations to business and a1ts groups • Boai·d Member, Pleasanton Culnll'al Arts Council
• Member, Women's Caucus for Alts, national organization • Panelist, Berkeley Civic Alts Grants Commission
Education
M.S. Applied Communications, Fitchburg State University, 2013, Graduate Student of the Year B.A. Hist01y, U.C. Santa Barbara, Honors
Attachment 1
222

HISTORIC AMP PARKS
This design celebrates the beauty and historic significance of the Camp Parks sign and will remind viewers of the historical significance of the camp in Dublin.

AMERICAN GLORY
A tribute to our pride in America and all it signifies to each of us. This design is reminiscent of the Veterans Memorial Building on Las Positas College campus that I designed and painted in 2016.

Attachment 1
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Utility Box Art Template Exhjbit A
l'kasc u ... c this di'1grMn or sirnilnr form.1t of,, utility box lo show Lhc imag • you wou Id like lo P<linl un Lhl.' four sitfos and lop of llw box. Keep in mind lht'll llw City's utility l'>oxt'� vary i11 ti iml"nsions and si;,.c and will also h<wc additional ca binds ttnd mcti..>rs on th ,m. I hb is <,� ,n ..-ic diograffa to bt•ll0r illu-.tr.1tl' hnw the dl'sign will appear on llw utility box and will b1."' providc>d to tho-,e rl'vic>wing lh1.• propo..,.ils.

Art Tille: Historic Camp Park Top of Ilox
ing, start ere
hing, starting
Back Left Side Right Side
Attachment 1
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PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art Project
Proposals Not Accepted after Tuesday, April 16, 2024, 12:00AM (midnight) Please indicate experience level:
�rofessional Artist(s) 0 Student Artist(s), under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check 'No Preference' if you would be willing to adapt your design(s) to fit any assigned location:
�I
jg' 2 Q,/3
Artist: Jennifer Huber
5}-"° 4
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7 8
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C A . .f 1. bl Lorraine Wells, Lettering and Artistic Consultation o- rt1st, 1 app 1ca c: ________________________ _ State: CA
Signature of Co-Artist, if applicable: ___________ Date: _______ _ Supervising Art Professional, if applicable: __________________ _ Address: ____________________________ _
City: ________________ State: ______ Zip: _____ _
Phone: _____________ E-mail Address: ___________ _
Signature of Supervising Art Professional: ____________ Date: _____ _ Page6 of 6
Attachment 1
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Jen Huber, Page 2
Jen Huber

PUBLIC ART
2024, March “Rainbow School”, Storm Drain Project, City of Dublin, Dublin, CA 2021, December Bankhead Theater Windows, Livermore, CA
Painted a copy of Marc Chagall’s “Le Cheval Rouge” onto windows of the Bankhead Theater. 2021, December “July 4th”, Utility Box Art for the City of Dublin, Dublin, CA 2020, December Bankhead Theater Windows, Livermore, CA
Painted a copy of Utagawa Hiroshige woodcut print onto windows of the Bankhead Theater. 2020, June From the Class of 2020, John Green Elementary, Dublin, CA 2019, June “1953”, Utility Box Art for the City of Dublin, Dublin, CA 2018, June “Kite Day”, Utility Box Art for the City of Dublin, Dublin, CA AWARDS
Honorable Mention Awards, (2), “Pink Hair”, ink drawing, and “Morning Coffee”, Acrylic Painting. 2024 Essential Figure Show, Bothwell Art Center.

Merit Award, “Old Oak on Alamo Creek Bike Trail”, acrylic painting. Dublin Paint Out! 2023 by the Dublin Arts Collective.

Best in Show, “Enchanted”, acrylic painting. Joyous, Livermore Art Association, 2023.

Honorable Mention, “Red Sky Aviation”, acrylic painting. Paint Livermore! Plein Air Competition Best in Show, “Iron Horse and Alamo Creek Trail Crossing”, acrylic painting. Paint Dublin Plein Air Competition, May 2022
Best Acrylic in Show, “Sirens”, acrylic painting. City of Livermore, June 2021 Honorable Mention, “Mobile Home”, acrylic painting. Pleasanton Plein Air Competition Honorable Mention, For color and texture,, “Iceberg”, Pleasanton Art League Member Show

ART SHOWS
Jen Huber shows regularly in local, state, and out of state, art shows. She usually displays in 6 to 8 shows a year.

EDUCATION
University of California, Santa Cruz
Bachelors of Fine Art, Emphasis on printmaking
Attachment 1
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Jen Huber, Page 3
Attachment 1
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Jen Huber, Page 4
Attachment 1
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Jen Huber, Page 6
Attachment 1
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Jen Huber, Page 9
Camp Parks: Fleet City 1941 - 1946
With the onset of World War II, the United States Navy began building the area known as Shoemaker in California. This location became their base for Basic Training and distribution of the SeaBees, the construction arm of the Navy, as well as Shoemaker Hospital, and the barracks for personnel and POWs. As stated in Steve Minniear’s book, Dublin and the Tri-Valley: The World War II Years:
“At one point during the war, the three major facilities in what is now Dublin were called “Fleet City.” Camp parks and Shoemaker Naval Hospital were designed to support the Seabees.” During these five short years, the Navy constructed 110 wood barracks, 146 buildings, 697 Quonset hut barracks, 348 Quonset huts, and 61 steel Buildings. Camp Parks trained over 116,000 men. During its height, 20,000 men were stationed at the base.

Fleet City focuses on the buildings, and the atmosphere. I have left space below each image to add further relevant history during this time.

The Map is the most important panel. I will be detailing the location of the important, to service Men and Women, buildings, as well as explaining their location relation to today’s streets and landmarks. Each panel depicting a building will be painted in Edward Hopper Style with directed sunlight to depict the time of day, morning. I include a sample of one of my paintings to illustrate the style.

I have left space at the bottom of each of these panels for further information to better educate the public on our local history. I will be working with Steve Minniear and having him review all text for accuracy before inking it on the panel.

Attachment 1
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Jen Huber, Page 11
Parks Air Force Base: 1951 to 1959
With the onset of the Korean War, the United States Air Force took control of what was left of Camp Parks. They renamed it by dropping the “Camp” and turned it into a Basic Training Center. Eventually they moved the basic training to other air force bases. However, they issued yearbooks for personnel during this time. The photos these are based on are from the actual yearbook and I include an aircraft lying over in each panel relevant to the war and the year. I have left space at the bottom of each of these panels for further information to better educate the public on our local history. I will be working with Steve Minniear and having him review all text for accuracy before inking it on the panel.

The style of painting on this panel will be atmospheric, featuring billowing clouds, or mist, on every panel. The personnel will have some detail, but soft edges and warm light. I include a U2 Stealth plane on the top for intrigue.

Attachment 1
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PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art Project
Proposals Not Accepted after Tuesday, April 16, 2024, 12:00AM (midnight) Please indicate experience level:
}sj Professional Artist(s) D Student Artist(s), under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check 'No Preference' if you would be willing to adapt your design(s) to fie any assigned location:

I □ 4 □ 7
□ 2 □ s □ 8 □ 10 □ 3 □ 6 □ 9 EI Any
Artist: L\sq LDnj
Co-Artist, if applicable:

City:

Signature of Co-Artist, if applicable: ____________ Date: _______ _ Signature of Co-Artist, if applicable: ____________ Date: _______ _ Supervising Art Professional, if applicable: ___________________ _ Address: _____________________________ _
City: _______________ _ Stace: ______ Zip: _____ _
Phone: _____________ E-mail Address: ____________ _
f I Date: _____ _ Signature of Supervising Art Pro essiona : ___________ _

Attachment 1
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LISA LONG

SELECTED EXHIBITIONS
2023 De Young Open 2023 De Young Museum, San Francisco, CA 2022 • 2023 12th Annual International Art Competition Church History Museum, Salt Lake City, UT
2018 • 2021 Enduring {deals: Roosevelt, Rockwell, and the Four Freedoms, Four Freedoms Re-Imagined Traveling Exhibit: Roosevelt House, New York, NY /Henry Ford Museum, Dearborn, Ml/The George Washington University Textile Museum, Washington, D.C. /Norman Rockwell Museum, Stockbridge, MA 2018 Soto Show Saratoga Library, Saratoga, CA
2017 How Did I Get Here? HERE Gallery, Provo, UT
2017 Sketchbook West Las Laguna Gallery, Laguna Beach, CA 2017 Boundaries and Balance ACCI Gallery, Berkeley, CA
2017 Tim Burton: Stay Peculiar Joy Factory Gallery, Los Angeles, CA 2016 Caution May Be Hot Long Weekend Gallery, Oakland, CA 2016 Hayward Arts Council Open Juried Show John O'Lague Galleria, Hayward, CA
2016 Left Coast Annual Sanchez Art Center, Pacifica, CA

PUBLIC ART
2023 We All Live Here, painted utiUty box for the city of Dublin, CA 2023 My Life in France, artwork painted on bench for Bound for Books project, Danville, CA
2022 Topographic Poppies, artwork painted on picture large picture from for Picture This project, Danville, CA
2020-2022 fn a Sea of Plastic and Ode to Sustainable Fishing (two separate pieces), artwork painted on Sea lion Statues for Sea Lions in San Francisco, under the direction of The Aquarium of the Bay, San Francisco, CA 2020 Rise Up float design for the Tournament of Roses Parade, City of Burbank CA
2020 Make a Joyful Noise painted Adirondack chair for the city of Dublin, CA 2019 Hayward, CA Public Library Permanent Collection (eight pieces of artwork)
2018 Magical Garden Gateway, artwork painted on glass walls dividing children's section of the library in Mountain View, CA
2017 History Unites Us, painted utility box for the city of Dublin, CA Attachment 1
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L
Life Doesn't Stink
Titles and Artist Statements
By: Lisa Long
This piece was inspired as I volunteered with a group of middle schoolers. The most common phrases I heard were things like "life stinks" or "life is so unfair". This feels like a very common message in the world. But I believe there is real power is the ·out of this world" message that Life Doesn't Stink! We can move past disappointments and hard things when we look for the good and find things to be grateful for.

Look Up
As I've studied the effects of depression and anxiety on our parents and teens, I've noticed that it tends to make us look down, both literally and metaphorically. We cast our eyes down to the ground and we also look down on ourselves and our potential. My message is to Look Up! Look forward, move past, feel hopeful and believe in possibility. I hope that youth and adults alike can embrace this out of this world message.

Climbing Mountains Together
I have always been inspired by mountains and their beauty and majesty. But, it was only after I summited my first mountain that I realized how important it is to climb mountain� wit� p �
ople
who push and strengthen you. This is true for the metaphorical mountains we chmb in hfe-we should climb together, lift each other, recognize and help each other through our hardest moments. This is how we can stand on top of the world and see the true beauty from the summit.

Attachment 1
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Art Title: Climbing Mountains Together
by Lisa Long
for any box
Back Left Side
Top of Box
Front Right Side
Attachment 1
235
PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art �rote::·
Proposals Not Accepted after Tuesday, April 16, 2024, 12:00AM (midnight) • -�ase indicate exoerience level:
llJ Professional Artist(s) D Student Artist(s ), under supervision of Art Professional Please indicate any specific box(es) you have proposed a desien for. or check 'No Preference' i' you would be willing to adapt your design(s) to flt any assigned location:

LJ
D
□
I
2 3
□
□
□
4 5
6 □
□
□
7 8
9 Co-Artist. if applicable: __________________________ _ Co-Artist, if applicable: __________________________ _
City: te: cA:

Signature of Artist _ __.(b,�""-c,Jl-+-.,_,_7"-/l'----bv,c;...C:,_........--h....--=-----Date: olj # ( 5 I �0 ;2.J\ Signature of Co-Artist, if applicable: ____________ Dte; a ________ _ Signature of Co-Artist, if applicable: ____________ Date: ________ _ Supervising Art Professional. if applicabie: ____________________ _ --t.idress:

City: _________________ State: ________ Zip:______ _
Ph
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Signature of Supervising Art Professional: ________________ Da. te: _____ _ Page6of 6
Attachment 1
236
Naghmeh Danishmand
Objectives
Creative and talented art teacher with several years of experience insh1 .1cting children and adults. Highly
adept at preparing lesson plans and knowledgeable in different art genres as well as several different materials and mediums. Having a strong passion for introducing children to the interactive world of art and creating an exciting learning environment for students.

Education
• Bachelor of Art -Art studio Cal State University, Hayward CA, GPA 3.7 Sept 2012 -June 2015 • Associate of art degree Chabot College, Hayward CA August 2007 -June 2010 • Associate of art degree - Miniature Painting Persian Academy, Tehran- Iran August 1996-June 1998 Teaching Experience
Summer 2019 Paintilicious Art Studio, Milpitas CA
Teaching watercolor painting step by step to children under 13 years old.

Instructing students on how to draw simple forms and prepare them for knowing coloring Teaching Acrylic painting to aduJts by creating a complete aitwork each meeting class. 2014-2016 Razi Farsi School and Art Academy- San Jose CA Teaching drawing, painting, sketching, and working with different materials Instructing students on how to draw cartoon characters
Making collage painting with different materials
Summer of2014 Peace Terrace Academy-Fremont CA
Teaching drawing of geometric fom1s by some simple shapes.

Attachment 1
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Attachment 1
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6 of 6
PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art Project
Proposals Not Accepted after Tuesday, April 16, 2024, 12:00AM (midnight) Please indicate experience level:

Professional Artist(s) Student Artist(s), under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check ‘No Preference’ if you would be willing to adapt your design(s) to fit any assigned location:
1 4 7
2 5 8 10
3 6 9 Any
Artist:

Co-Artist, if applicable:

Co-Artist, if applicable:

Address:

City: State: Zip:

Phone: Social:

E-mail Address: Website:

Signature of Artist: Date:

Signature of Co-Artist, if applicable: Date:

Signature of Co-Artist, if applicable: Date:

Supervising Art Professional, if applicable:

Address:

City: State: Zip:

Phone: E-mail Address:

Signature of Supervising Art Professional: Date:

Haley Haslim California 94568 @
4/11/2024 ✔
✔
✔
✔
✔
✔
✔
Attachment 1
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AP.P.licabl Work Experience
Mendocino Farn1s, San Ramon CA
Hospitality Team Member
January 2022 - August 2022, May 2023 - August 2023
• Welcomed and interacted with guests
• Took orders, helped guests understand the menu
• Organized and bagged orders, sent out meals to customers • Kept the restaurant clean and organized
• Worked closing and opening shifts
• Helped stock and take inventory of store goods
Sodexo Dining Company at the Point Break Cafe,
Point Lon1a Nazarene University, San Diego CA
Team Member
January 2023 - May 2023, August 2023 - Now (expected May 2024) • Helped stock and take inventory of store goods
• Kept the restaurant clean
• Took, cooked, and prepared orders
• Worked closing shifts
Crosswinds Church, Livermore CA
Kids Ministry Intern
May 2021 - August 2022
• Cared for and interacted with Preschool aged children • Involved childeren in creative activities, crafts, and games • Cleaned and organized classrooms
• Welcomed and connected with parents
Attachment 1
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Utility Box Design - “Dublin Cosmic Dreamscape” by Haley Haslim I drew inspiration from surrealist art and a lot of space photography for this design.

Following along with the theme of “Out of This World”, I aimed to create a cosmic/space inspired concept blended with a few attributes of Dublin I find personally significant from my time growing up in the city: tree-lined hills, cows, bikers, students, and a warm sense of community.

Thank you for considering me,
Haley Haslim
Attachment 1
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a t tit e: Dublin Cosmic Dreamscape
back eft side front right s de
to
Attachment 1
242

PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art Project
Proposals Not Accepted after Tuesday, April 16, 2024, 12:00AM (midnight) Please indicate experience level:

Professional Artist(s) Student Artist(s), under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check ‘No Preference’ if you would be willing to adapt your design(s) to fit any assigned location:
1 4 7
2 5 8 10
3 6 9 Any
Artist:

Co-Artist, if applicable:

Co-Artist, if applicable:

Addr
City: State: Zip:

Phon Social:

E-mail Website:

Signature of Artist: Date:

Signature of Co-Artist, if applicable: Date:

Signature of Co-Artist, if applicable: Date:

Supervising Art Professional, if applicable:

Addre
City: Zip:

Phone
Signature of Supervising Art Professional: Date:

Angela Wang N/A N/A CA 94568 04/07/2024 Christina Williams 94618 04/08/2024 ✔
✔
✔
✔
Attachment 1
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Angela Wang
High School Student Artist
Dublin, CA 94568

EXPERIENCE
The College Preparatory School, Oakland — Art Volunteer 2022 - PRESENT
Volunteer art teacher to underprivileged students in the Oakland community.

Ichen Art Academy, Location — AP Art Student
2022 - 2023
Developed AP Art Portfolio.

Ichen Art Academy, Pleasanton — Art Student
2012- PRESENT
Over a decade of experience in art.

ARTWORK
SKILLS
AP Art Portfolio Development
Time Management
Mediums: Acrylic Paint, Digital,
Water Color, Colored Pencil,
Graphite, Oil Paint, Pen and Ink
Teaching and Project
Management
AWARDS
Scholastic Art Awards (Silver
Key) - 2023
Scholastic Art Awards (Honorable
Mention) - 2021
Attachment 1
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Attachment 1
245
Title & Artist Statement:

Provide a brief statement and title (100 words or less) about your proposed artwork.

This could include your source of inspiration, the significance of the image(s) or a comment on the style or technique you have proposed. Each proposed design must have its own artist statement.

Cosmic Corgi is a painting by Angela Wang. In alignment with this year’s theme, Angela was inspired by her corgi’s “out of this world” enthusiasm for meeting community members. The painting showcases her corgi’s adventurous spirit within the vast cosmos, representing the idea of braving the unknown with curiosity and childlike wonder. Through a bold, two-dimensional look, the painting embodies the pop art/comic art style, with its vibrant colors contributing to the overall whimsical, stylized feel of the painting.

Attachment 1
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Ar!Title: C QSl'vli C. CurJ l
U.--b\ \� �D)( /_puJ:J_�:
81 11 I 0
Attachment 1
247
PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art Project
Proposals Not Accepted after Tuesday, April 16, 2024, 12:00AM (midnight) Please indicate experience level:

Ill Professional Artist(s) D Student Artist(s), under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check 'No Preference' if you would be willing to adapt your design(s) to fit any assigned location:
□ I □ 4 □
2 Ill 5 □ 8 □ 10
□ 3 121 6 □ 9 □ Any
A . Andrew Lottrt1st:

Co-Artist, if applicable:

Z
. 94609
------· ,p:. ______ _
Ca
____ Social:

Signature of Co-Artist, if applicable: ____________ Date: ________ _ Signature of Co-Artist, if applicable: ____________ Date: ________ _ Supervising Art Professional, if applicable: ___________________ _ Address: _____________________________ _
City: ________________ .State: ______ .Zip:______ _ .

Phone: _____________ E-mail Address: ____________ _
Signature of Supervising Art Professional: _____________ Date: _____ _

Attachment 1
248

ANDREW LOTT

INTRODUCTION
Graphic Designer
9 Oakland, CA
Independent designer with 7 + years of professional experience, currently focused on branding and illustration work for freelance clients and agencies. From in-depth re brands to designing print publications for thousands of readers, my breadth of experience allows me to guide projects to a successful outcome. With the ability to work independently or integrate into a team, I fit well within different project needs.

EDUCATION

CALIFORNIA STATE UNIVERSITY, CHICO
B.A. GRAPHIC COMMUNICATIONS
2012 - 2014

DIABLO VALLEY COLLEGE

ASSOCIATE ARTS DE GREE
2009 - 2012
SKILLS

HARD SKILLS
Illustrator
Photoshop
In Design
Procreate
Illustration
Hand Lettering

CLASSES

SOFT SKILLS
Collaborative
Self-motivated
Dependable
Well Organized
Project Management
Vendor Management

KEN BARBER LETTERIN G WORKSHOP
Intensive hand lettering workshop lead by
legendary lettering artist Ken Barber.

LETTERFORM ARCHIVE
Two-day workshop in type selection and
pairing lead by Stephen Coles.

Let's Connect

EMPLOYMENT

ANDREW LOTT DESIGN
INDEPENDENT DESIGNER Jul. 2021 - Present
Run my own freelance studio focused on branding, design and illustration for clients in the food and hospitality world.

MACKENZIE SF
CON TRACT DESIGNER Oct. 2022 - Present
Work on a project by project basis with MacKenzie SF to deliver brand identities, illustrations and on-gong brand work. MacKenzie's clientele spans industries from construction to accounting to public transportation. In the majority of projects, I acted as a team member, interfacing with clients to help guide design decisions and provide creative direction.

SMW LOCAL UNION 104
DESIGNER Jun. 2017 - Jul. 2021
Oversee design, photography and production of quarterly newsletter mailed to 10,000 readers. Collaborate with various departments to design communications for Union campaigns.

Execute daily design needs like marketing collateral, develop merchandise for members or new website banners.

BRAND MARINADE
DESIGNER Nov. 2016 - Jun. 2017
Collaborated with team to orchestrate creative brainstorming sessions, effectively translating client requirements for e-commerce solutions into designed merchandise and products.

Execute design work for apparel and prepare designs for multiple print applications. Remain highly organized with large file counts of product SKUs.

ALOTTDESIGN.COM
Attachment 1
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Andrew Lott
Artist Statement: Portal to Day and Night
Hello, my name is Andrew Lott, an East Bay born and raised artist and illustrator. Running with this year's theme, "Out of This World", I wanted to create an interactive piece that viewers could contemplate. The piece I created depicts a slightly trippy, yet dreamlike portal that transports you from day to night-or night to day depending on which side of the box you are standing.

While creating the concept I was thinking about two of my favorite artists, M.C. Escher and Salvador Dali, who liked to often challenge their viewers' perceptions.

Attachment 1
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Art Title: f1011,/d, /4 t/41/' J h#fltt:

Back Left Side
Top of Box
Front Right Side
Attachment 1
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PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art Project
Proposals Not Accepted after Tuesday, April 16, 2024, I l:00AM (midnight) Please indicate experience level:
[!] Professional Artist(s) D Student Artist(s), under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check 'No Preference' if you would be willing to adapt your design(s) to fit any assigned location:
□ □ 4 □
2 □ 5 □ 8 □ 10
3 □ 6 □ 9 [ii Any
Artist: Elli Maskiell
Co-Artist, if applicable:

Co-Artist, if applicable:

City:
--- Social: I
Signature of Co-Artist, if applicable: ____________ Date: ________ _ Signature of Co-Artist, if applicable: ____________ Date: ________ _ Supervising Art Professional, if applicable: ____________________ _ Address: ______________________________ _
City: _________________ State: ______ Zip: ______ _
Phone: ______________ E-mail Address: ____________ _
Signature of Supervising Art Professional: _____________ Date: _____ _

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Danielle Maskiell
---------------------- Muralist ----------------------- ltdlllll
lnkedsherbert Art
F (2011 - Present)
• Delivers great work of art on time and
to a high design quality for clients
• Experience in a variety of designs
including logos, concepts, comics, and
illustrations
Wide Open Walls
1' (May 2022 / September 2022)
• Collaborated with collective team
members to design and paint a mural
at Tahoe Elementary School
• Painted a mural at Elder Creek
Elementary
180 Building & Discover Polk
/I • A.--·
(March 2023)
• Assisted artist to block in colors to
finish project within deadline
Dublin Storm Drain Program
/1. , (March - April 2024)
• Designed and painted murals for storm
drains near the Dublin Library
Academy of Arts
. (.. . . .... , ..... -
Fundamentals in art theory. Studied
in concept art, animation, 3D
modeling, and game design
elements.

I am a Bay Area-native artist
-
whose
work has spanned through multiple
different mediums including games,
comics, paintings, and animation. My
work is influenced greatly by nature,
mythology, comics, street art, toys, and
a little bit of magic.

Murals
Drawing
Illustrating
Painting
•t
•••••
•••••
•••••
•••••
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Bunny Astronaut
Artist Statement
With this piece, I wanted to take a fun and whimsical approach with the subject matter through fun characters and bright colors. I was inspired by the cartoons "Steven Universe" and "Bee and Puppycat" as well as magical girl anime to bring a cute and unique aesthetic to the theme of "Out of This World."
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Arl Title: Top of Box
Bunny Astronaut
0 0
Back Left Side Front Right Side
Utility Box - any Elli Maskiell
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PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art Project
Proposals Not Accepted after Tuesday, April 16, 2024, 12:00AM /m,dnighc/ Please indicate experience level.

D Professional Arust(s) 0 Student Artist(s). under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check 'No Preference· 1f you would be willing to adapt your design(s) to fit any assigned location:
□ I
2 3
Artist: Iris Shen
Co-Artist, 1f applicable:

City:

E-mail
□ 4
D 5
□ 6
□
□ 8 □ 10
□ 9 0 Any
Website: __________ _
Signature of Co-Artist, if applicable: ___________ Dace: _______ _ Signature of Co-Artist, if applicable: ___________ Date: _______ _ Cicy:
·-m�il Address:

Signature of Supervising Art Professional: Dace: 4/15/23 Attachment 1
256
Artist: Iris Shen
Iris is a seventeen-year-old student artist and is currently a sophomore at Dublin High School.

She has been taking weekly art lessons at Michelle Meng’s Art Studio for almost nine years. She works in many mediums of art but mostly enjoys sketching and painting.

In addition to visual arts, Iris has also been trained in performing arts, such as dance and music.

Because of this, her art usually takes a more whimsical approach when it comes to landscapes.

She has lived all of her life in a suburban landscape but often takes outdoor hikes with her mother, which she finds to be inspiring for her art.

Iris has competed in the Junior Duck Stamp Contest, the Dublin Arts Collective logo contest, and the Alameda County Fair, in which she has won the title of Best in Class, Best in Show, and Judge’s Favorite. She won first place at the Dublin San Ramon Women’s Club Student Art Festival, and has been commissioned by local businesses like Country Waffles. Iris views art as a very relaxing hobby and often finds herself drawing in her free time.

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Supervising Professional Artist: Chunhui Meng (Michelle Meng) Michelle has taught art lessons for 20 years and counting. Prior to teaching, she completed her years of education at Tianjin Academy of Fine Arts in China, majored in Fine Arts Education, and at Wilfrid Laurier University in Canada, majored in Fine Arts. Michelle fuses Western and Eastern traditions and techniques in her teaching and her artworks. Between her teaching years, she also worked as a graphic designer and Jewelry designer for a few years. She’s also a local Artist and serves as a judge for art competitions.

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Artist Statement/Summary
My piece is titled “Observers”, referring either to the sharks and rays portrayed in the painting or to the actual observer of the piece.

When I was young, I often thought the ocean was an entirely different world from our own—that’s what I wanted to bring to life in my design. But I also wanted to make it something even more unbelievable, which is why I chose to transition from a more traditional seascape to a sky teeming with sea life. By showing these creatures in untraditional environments, I hoped to encourage others to branch out from their comfort zones.

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Design:

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CALL FOR ARTISTS
Utility Box Art Project
Multiple Themes
CALL ISSUE DATE: February 23, 2024
CALL DEADLINE: April 16, 2024, 12:00 a.m.(midnight)
The City of Dublin invites qualified professional artists and student artists working under the supervision of a professional artist or art teacher to submit designs for painted utility boxes.

Utility Box Art is popular throughout the Bay Area as a cost-effective way to bring public art to City streets, define neighborhoods and deter graffiti. All the boxes are traffic signal cabinets owned by the City of Dublin. Boxes will be awarded to up to ten different artists based on design.

The City will pay a stipend of $1,000 to each artist or, if the artist is a student or student team, to the supervising professional artist or art teacher. The stipend is intended to cover the cost of the artist design fee as well as the materials that will be necessary to paint the utility box.

Artists are responsible for preparing, painting, and sealing the utility boxes. The City will provide the materials to clean, primer, and seal the utility box, while artists are required to provide all necessary painting materials.

Artwork created under this program is considered temporary artwork and the property of the City of Dublin. As such, the City retains the right and sole discretion to remove, modify or replace the artwork. Situations in which the City may exercise this right include if the image or utility box is damaged, if the artist fails to complete the painting as shown on the approved design rendering or if the artist fails to complete the painting in a timely fashion.

The artist’s name, artwork title, and photo of the artwork will be featured on the City of Dublin website and other promotional materials.

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DESIGN THEME:
• “Out of this World” is a theme developed for this year’s utility box art project for six of the ten locations. Artists are encouraged to be as creative as possible when developing mind blowing images and designs that capture this theme. • In addition, four of the utility boxes that are scheduled to be painted are in close proximity to Parks Reserve Forces Training Area (Camp Parks). Artists are encouraged submit ideas or proposals honor Camp Parks past, present, and future.
• In addition to the themes, proposing artists are encouraged to review the City’s existing utility box art collection and develop proposals that are unique and unlike anything the City already has. To view the current utility box art collection please visit https://dublin.ca.gov/1928/Utility-Box-Art ARTWORK LOCATION:

All utility boxes are located at intersections within the City of Dublin. 2024 utility box locations:

1. Dougherty Rd. & Camp Parks Blvd. (Proximity to Camp Parks)

2. Dougherty Rd. & Amador Valley Blvd. (Proximity to Camp Parks)

3. Dougherty Rd. & Willow Creek Dr. (Proximity to Camp Parks)

4. Dougherty Rd. & Scarlett Dr. (Proximity to Camp Parks)

5. Central Pkwy & Arnold Rd.

6. Central Pkwy & Hacienda Dr.

7. Gleason Dr. & Hacienda Dr.

8. Tassajara Rd. & S Dublin Ranch Dr.

9. Tassajara Rd. & N Dublin Ranch Dr.

10. Dublin Blvd. & Grafton St.

Artists may specify which utility box they are interested in painting, or if they have no preference. However, the City reserves the right to assign utility boxes at its discretion.

DESIGN SPECIFICATIONS:
• Artwork should align with the design them as stated above. • Artwork should follow the City’s Values, which are part of the adopted Mission and Vision statements. Values include safety, inclusivity, diversity, equality, and history. To view the City’s full Mission and Vision statements please visit www.dublin.ca.gov/72/Mission-Vision.
• Artwork must be suitable for all ages and in keeping with community values.

Attachment 2
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• Artwork must be an original design and the artwork of the applicant. • Artwork must be painted in fade-resistant acrylic paint. • Artwork may include the artist’s signature, no larger than 5”x 7.” ART SELECTION PROCESS:

Staff will review applications for completeness. The Heritage and Cultural Arts Commission will review designs at its May 9, 2024, meeting and make recommendations to the City Council. The City Council will review recommended designs and select artists at its regular meeting June 4, 2024. These dates are tentative and subject to change.

Selected artists will be asked to sign a Public Art Agreement, including standard liability waiver and release. In the case of underage artists, the City will enter into the agreement with the supervising professional artist or art teacher. Underage artists and underage painting assistants will be required to have a parent sign the liability waiver and release.

PROCESS:

City Staff will coordinate with the artist, other City departments and neighboring businesses or homeowners to select a mutually agreeable three-week painting period between July 1, 2024, and September 30, 2024.

Artists are responsible for prepping the utility box, painting the design, and sealing with a clear anti-graffiti coating. The City will provide supplies for the artist to prep and seal the utility boxes. Artists are responsible for purchasing their own painting supplies.

Artists are expected to clean and primer the utility box, paint the entire utility box including the side boxes and pipes, and for sealing the utility box when the painting is complete. Artists may not paint over key holes, meters, or numbers.

Artists may enlist painting assistants. All painting assistants must sign a liability waiver and release. Underage painting assistants must have a parent sign the liability waiver and release.

Student artists must be supervised by a professional artist, who is ultimately responsible for the artwork of the student. Student artists must provide their professional artist’s qualifications with their application. Student artists and their teacher/professional artist will be required to meet with Staff prior to starting the project, to ensure they understand the City’s expectations.

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Upon completion of the utility box, City Staff will meet with the artist at the site to inspect/approve the artwork and take a publicity photo of the artist with their completed utility box.

PROPOSAL SPECIFICATIONS:

The proposal must be submitted as a digital file by email. Provide one digital copy (pdf or jpeg). A complete proposal will include the four elements listed below:
a. Completed Coversheet: Use form provided at the end of this application. b. Artist Qualifications: One page resume of each artist involved. Student artists should include their own biographies/resumes, no longer than one page, as well as that of the professional artist or art teacher who serves as the team’s supervisor.
c. Design Rendering: The provided template must be used for color renderings of your proposed design for the box (Exhibit A), showing all four sides and the top of the utility box. Artists may submit up to three separate designs. However, each proposed design must have its own separate color renderings page. If you wish to be considered for a specific box location or locations, please label the rendering with the utility box number. If you have no preference, label the rendering “Any.” Label each rendering with your name.
d. Title & Artist Statement: Provide a brief statement and title (100 words or less) about your proposed artwork. This could include your source of inspiration, the significance of the image(s) or a comment on the style or technique you have proposed. Each proposed design must have its own artist statement.

Attachment 2
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SUBMISSION DEADLINE:

All proposals must be received by Shelby Perry, Recreation Coordinator, by Tuesday, April 16, 2024, 12:00 AM (midnight). It is the responsibility of the applicant to verify the receipt of the electronic proposal by the scheduled deadline.

DIRECTIONS FOR SUBMITTAL:

Submit one digital copy (pdf or jpeg) by email to: [email protected] subject:
“Dublin Utility Box Art Project 2024.”
a) Completed Proposal Coversheet
b) One page resume
c) Color design rendering using the provided utility box template (limit 3 designs) d) Title of the art and Artist Statement describing the design(s) COSTS INCURRED IN RESPONDING TO THE PROPOSAL:

The City of Dublin shall not be liable for any costs incurred by the artist(s) in responding to this request for a design proposal.

SUBMIT YOUR DIGITAL PROPOSAL PACKET AND COVERSHEET TO:

Staff: Shelby Perry, Recreation Coordinator
City of Dublin, Parks and Community Services Department Phone: (925) 556-4509
Email: [email protected]
Attachment 2
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PROPOSAL COVERSHEET:

Dublin 2024 Utility Box Art Project
Proposals Not Accepted after Tuesday, April 16, 2024, 12:00AM (midnight) Please indicate experience level:
 Professional Artist(s)  Student Artist(s), under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check ‘No Preference’ if you would be willing to adapt your design(s) to fit any assigned location:
 1  4  7
 2  5  8  10
 3  6  9  Any
Artist:

Co-Artist, if applicable:

Co-Artist, if applicable:

Address:

City: State: Zip:

Phone: Social:

E-mail Address: Website:

Signature of Artist: Date:

Signature of Co-Artist, if applicable: Date:

Signature of Co-Artist, if applicable: Date:

Supervising Art Professional, if applicable:

Address:

City: State: Zip:

Phone: E-mail Address:

Signature of Supervising Art Professional: Date:

Attachment 2
266
Utility Box Art Template
Please use this diagram or similar format of a utility box to show the image you would like to paint on the four sides and top of the box. Keep in mind that the City’s utility boxes vary in dimensions and size and will also have additional cabinets and meters on them. This is a generic diagram to better illustrate how the design will appear on the utility box and will be provided to those reviewing the proposals.

Art Title: Top of Box
Back Left Side Front Right Side
Exhibit A
Attachment 2
267

STAFF REPORT

CITY COUNCIL

Agenda Item 5.7
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Acceptance of Cannabis Tax Fund Grant for a Checkpoint Command Vehicle and DUI Enforcement Program
Prepared by: Sergeant William Chase
EXECUTIVE SUMMARY:

The City Council will consider accepting a Cannabis Tax Fund Grant for Dublin Police Services in relation to the City’s participation in impaired driving enforcement. This grant program supports the purchase of a Command Vehicle for the facilitation of DUI checkpoints along with funding for the checkpoint which aims to reduce impaired driving related to collisions, injuries, and deaths.

STAFF RECOMMENDATION:

Adopt the Resolution Confirming City of Dublin Participation in the California Highway Patrol Cannabis Tax Fund Grant Agreement.

FINANCIAL IMPACT:

The new grant funds were awarded after the adoption of the Fiscal Year 2024-25 Budget and will increase the Police Services revenue and expenditure budget by $131,247.36 as shown below.

The grant funds eligible expenses are limited to reimbursement of the purchase and outfitting of a command vehicle and Police Services overtime costs associated with grant program activities.

There is no matching fund requirement and no net financial impact to the General Fund.

Fiscal Year Expenditure Period Grant Amount
2024-25 (07/01/2024 -06/30/2025) $131,247.36
TOTAL GRANT AWARD $131,247.36
268

DESCRIPTION:

The California Highway Patrol (CHP) is awarding grant funds for its Cannabis Tax Fund Grant Program (CTFGP), using best practice strategies shown to reduce impaired driving. The CHP recently awarded Dublin Police Services a CTFGP grant in the amount of $131,247.36 to cover the purchase of a Command Vehicle and overtime costs for the purpose of operating one DUI checkpoint. This is Dublin Police Services’ first awarded grant under CTFGP.

Operations conducted under this grant will make the streets of Dublin safer for all pedestrians and motorists. The CTFGP grant will seek voluntary compliance of traffic laws by generating publicity throughout the grant period.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Confirming City of Dublin Participation in the California Highway Patrol Cannabis Tax Fund Grant Agreement
2) Exhibit A to the Resolution – CHP Cannabis Tax Fund Grant Program Application 3) Exhibit B to the Resolution – Intent to Award Cannabis Tax Fund Grant Program 269
Attachment 1
Reso. No. XX-24 Item X.X, Adopted 07/16/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

CONFIRMING CITY OF DUBLIN PARTICIPATION IN THE CALIFORNIA HIGHWAY PATROL

CANNABIS TAX FUND GRANT PROGRAM AGREEMENT
WHEREAS, injuries and fatalities resulting from traffic collisions are frequently caused by preventable factors such as driver impairment; and
WHEREAS, On June 12, 2024, a Grant Agreement with the California Highway Patrol was awarded to conduct a single-year Cannabis Tax Fund Grant Program (CTFGP); and WHEREAS, the City was advised after the adoption of the Fiscal Year 2024-25 Budget of the award of $131,247.36 to be made under the CTFGP; and WHEREAS, the total award for the CTFGP will span the Fiscal Year 2024-25 as described in the Staff Report presented to the City Council on July 16, 2024; and WHEREAS, the enforcement grant is dedicated to reducing the number of fatal and injury traffic collisions by funding one DUI Checkpoint and the purchase of a Command Vehicle for checkpoint operations as well as providing for additional public safety awareness activities; and WHEREAS, the City Council of the City of Dublin agrees that DUI enforcement and awareness are important elements in improving overall public safety.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin confirms the Grant Application and Approval with the California Highway Patrol attached hereto as Exhibits A and B.

BE IT FURTHER RESOLVED that the City Council accepts the grant award of $131,247.36.
{Signatures on the following page}
270
Reso. No. XX-24 Item X.X, Adopted 07/16/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
271
Attachment 2
Exhibit A to the Resolution
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
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292
State of California -- Transportation Agency GAVIN NEWSOM, Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 6, 2024
File No.: 060.15426.17369
Sergeant William Chase
Dublin Police Services
6361 Clark Avenue
Dublin, CA 94568
Dear Sergeant Chase:

On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Dublin Police Services, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $131,247.36. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.

The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.

Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.

The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.

Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division
Attachment 3
Exhibit B to the Resolution
293

STAFF REPORT

CITY COUNCIL

Agenda Item 5.8
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement for Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit Inspections and Illicit Discharge Response Services
Prepared by: Shannan Young, Environmental & Sustainability Manager EXECUTIVE SUMMARY:

The City Council will consider approving an agreement for Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit inspections and illicit discharge response services with CSW/Stuber-Stroeh Engineering Group.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement for Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit Inspections and Illicit Discharge Response Services.

FINANCIAL IMPACT:

The cost of these services will be charged to the Public Works Department in accordance with the adopted annual operating budget.

DESCRIPTION:

The Public Works Department utilizes contractors to assist with development and implementation of regulatory compliance programs. Services include assisting staff with regular, on-going programs such as conducting annual stormwater inspections required by the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit issued by the San Francisco Bay Regional Water Quality Control Board. Contractors are solicited through an open and competitive request for proposals (RFP) process, the most recent of which was conducted in April 2024.

Five submissions were received in response to the RFP for Municipal Regional Stormwater NPDES 294

Permit Inspections and Illicit Discharge Response Services, from the following companies:

CSW/Stuber-Stroeh, Ground Zone, Haley-Aldrich, Kaz & Associates, and Surf to Snow Environmental Resource Management Inc.

After reviewing all proposals and qualifications, Staff recommends CSW/Stuber-Stroeh Engineering Group provide the services for a three-year term with the proposed compensation limit of $600,000, which includes a contingency of $60,000. CSW’s proposal was the not only the lowest, but it best matches the City’s need in terms of experience and qualifications.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Agreement for Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit Inspections and Illicit Discharge Response Services 2) Exhibit A to the Resolution – Contractor Services Agreement with CSW/Stuber-Stroeh Engineering Group
3) Request for Proposals – Municipal Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services
4) Proposal - CSW/Stuber-Stroeh Engineering Group
295
Attachment 1
Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AGREEMENT FOR MUNICIPAL REGIONAL STORMWATER NATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT INSPECTIONS AND ILLICIT

DISCHARGE RESPONSE SERVICES
WHEREAS, on April 10, 2024, Staff issued a Request for Proposals (RFP) for Municipal Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services; and WHEREAS, the City received five responses to the RFP; and WHEREAS, Staff reviewed and evaluated the proposals in accordance with the RFP rating criteria; and
WHEREAS, the City desires to enter into an agreement with CSW/Stuber-Stroeh Engineering Group for a not-to-exceed amount of $600,000 over a three-year term.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with CSW/Stuber-Stroeh Engineering Group attached hereto as Exhibit A.

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

PASSED, APPROVED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
296
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 1 of 15

CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

CSW/STUBER-STROEH ENGINEERING GROUP
THIS AGREEMENT for Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit Inspections and Illicit Discharge Response services is made by and between the City of Dublin (“City”) and CSW/Stuber-Stroeh Engineering Group (“Contractor”) (together sometimes referred to as the “Parties”) as of July 17, 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, 2027, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

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

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

1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.

1.5 [INTENTIONALLY DELETED]

1.6 [INTENTIONALLY DELETED]
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $600,000 which includes a $60,000 contingency, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement 297
Services Agreement between July 17,2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 2 of 15 In the event of a conflict regarding the amount of compensation between this Agreement and Consultant’s proposal, this Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

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

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense  The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
 The Contractor’s signature;
 Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this 298
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City of Dublin and CSW/Stuber-Stroeh Engineering Group Page 3 of 15 Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

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

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

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

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

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

2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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

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

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

2.10 [INTENTIONALLY DELETED]
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City of Dublin and CSW/Stuber-Stroeh Engineering Group 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.

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

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

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

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

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

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

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

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED 300
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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 CSW/Stuber-Stroeh Engineering Group 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 CSW/Stuber-Stroeh Engineering Group 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 303
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4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

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

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

4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

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

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until 304
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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. 305
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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. 306
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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 307
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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:

Julia Harberson
504 Redwood Blvd. Suite 310
Novato, CA 94947
Any written notice to City shall be sent to:

City of Dublin
Attn: Shannan Young
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 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 Work
Exhibit B Compensation Schedule & Reimbursable Expenses

10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.

SIGNATURES ON FOLLOWING PAGE
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CITY OF DUBLIN CSW/Stuber-Stroeh Engineering Group
Linda Smith D’Ambrosio, City Manager Robert Stevens, President/CEO Attest: N/A
Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:

City Attorney
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City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 1 of 8

EXHIBIT A

SCOPE OF WORK FOR MUNICIPAL REGIONAL STORMWATER NPDES PERMIT INSPECTIONS

AND ILLICIT DISCHARGE RESPONSE
The specific scopes of work under this RFP include: 1) Updating 5-year and annual work plans and conducting inspections to meet MRP Provision C.3 Operations and Maintenance Verification requirements; 2) Updating 5-year and annual works plans and conducting inspections to meet MRP Provision C.4 business inspection requirements; 3) Conducting inspections and collecting maintenance records to meet MRP Provision C.10 Trash Load Reduction Requirements, and 4) Providing illicit discharge and spill response services. Detailed descriptions of each scope of work are provided below. Please note that there are overlaps at some parcels/projects for some or all of these inspections (e.g., a parcel may require a C.4 general business inspection and also a C.3 O&M inspection and/or a C.10 PLDA inspection). Contractors are encouraged to explain how they would approach these situations regarding annual work plans and billing.
1) Municipal Regional Stormwater NPDES Permit (MRP) Provision C.3 Operations and Maintenance Verification Inspections
MRP Provision C.3 mandates that permittees conduct an operations and maintenance (O&M) verification program to ensure stormwater treatment and hydromodification management measures (collectively, “stormwater management measures”) remain in effective operating condition in perpetuity. Permittees must conduct O&M verification inspections according to the following formula:
 Inspection of an average of 20%, but no less than 15% of total number (at the end of the preceding fiscal year) of Regulated Projects per year, such that all Regulated Projects are inspected at least once every five years.

Currently, the City has over 100 Regulated Project sites with installed stormwater management measures, including both low impact development measures and proprietary treatment measures. During the first contract year, the City anticipates the Contractor will conduct inspections of approximately 30 Regulated Projects. Of those inspections, approximately 50% will require a second inspection and 10-15% will require a third inspection. As the number of Regulated Projects with installed stormwater management measures increases, the number of required annual inspections will increase.

A Regulated Project may have only one stormwater management measure, or it may have multiple stormwater management measures. The fee paid to the Contractor to conduct C.3 O&M inspections will be based on a reasonable per hour inspection fee and the hourly fee will be applied to a reasonable number of hours per site, depending on how many stormwater management measures are on-site. Contractor shall provide the proposed fee schedule in the proposal, indicating how that fee schedule was determined.

Inspection Plans
The Contractor will be responsible for updating the 5-year inspection plan in the first quarter of the contract term. Update of the 5-year inspection plan shall include populating the Clean Water Program ArcGIS online database with project contact information. The 5-year inspection plan will be reviewed and approved 312
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City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 2 of 8 by the Environmental & Sustainability Division in the Public Works Department. The Contractor will develop the plan using the information provided in the Clean Water Program ArcGIS On-Line database, or equivalent database (CWP database) and shall be designed to meet the requirements of the MRP. In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection plan shall include identifying current site contacts and reviewing the CWP database to verify that project locations in the 5-year plan are up to date. The annual inspection plan shall be provided to the Environmental & Sustainability Division by October 1 each year.

Annual Operation and Maintenance Reports
Using the updated contact list in the 5-year inspection plan, the Contractor shall be responsible for sending annual letters to the entire inventory of Regulated Project sites requesting that annual operations and maintenance reports are submitted, per the Stormwater Management Maintenance Agreement. The Contractor shall assist with tracking which entities have submitted the reports and conducting follow-up with the entities that do not respond to initial requests for the report.

Inspections
As part of conducting inspections, Contractor shall set up appointments with site location contacts at least a few days ahead of the inspection date. The Contractor shall use the Alameda Countywide Clean Water Program (CWP) Arc GIS On-line (AGOL) field application to conduct the inspections. The Contractor shall be familiar with and follow the City’s Enforcement Response Plan when issuing enforcement actions to facilities with deficiencies in any stormwater management measure. The key tasks under this scope of services for conducting C.3 Operations and Maintenance Verification Inspections shall include, but not be limited to, the following:

1.a. First Inspections
The following generally describes the first inspection process that the Contractor shall follow. The inspection process may be modified from time-to-time, but will generally include:

1. Using City letterhead and envelopes, the Contractor will send a letter to site locations scheduled for inspection. The site location list shall be the list developed and updated by the Contractor and approved by the City as part of the annual inspection plan. Once the letter has been sent, the Contractor shall set up appointments with location representative(s) at least a few days ahead of the inspection date and time. The Contractor shall review site drawings and previous inspection results to determine compliance history prior to going to the site.

2. Visit the site and meet with the location representative. Explain the purpose for the inspection and ask questions to verify that stormwater management measures are operating and being maintained adequately.

3. Ask location representative for maintenance records for all stormwater management measures, particularly underground or proprietary management measures. 313
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 3 of 8

4. Fill out the inspection report in the Clean Water Program AGOL database and obtain the location representative’s signature on the form. The Contractor shall also:
 Take pictures of potential deficiencies and/or best management practices to include in the AGOL app.
 Require location representative to install storm drain markers, if needed.  Determine the appropriate enforcement response timeline, following the City’s Enforcement Response Plan, provided in Attachment A and indicate the timeline in the inspection report.

5. Distribute appropriate BMP handouts provided by the City to location representative.

6. When a location representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take.

7. If it is discovered that the site owner/operator is different than the owner/operator as listed in the annual inspection plan, notify the City of the change. If the new site owner/operator is occupying the location, the Contractor shall provide educational materials, as needed and complete the inspection.

8. All first inspections shall be completed no later than May 15th of each year.

9. For site locations that have stormwater management measures with potential deficiencies, Contractor shall let the location representative know about the deficiency at the end of the first inspection. Contractor will show the location representative the deficiencies and/or concerns and provide a timeline to cure the deficiency to the location representative. Contractor shall follow the City’s Enforcement Response Plan when determining the compliance schedule.

Contractor shall take pictures of any potential problem areas, document number of pictures taken for a site, and note that in the AGOL app. A copy of the inspection report shall be emailed to the location representative via the AGOL app within 3 business days of the inspection. As necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the location representative outlining violations deficiencies, along with appropriate guidance to address the violations. Contractor shall notify the City by the 3rd business day of the week following the inspection of all locations that require a reinspection.

1.b. Re-inspections of Stormwater Management Measures
The following generally describes the re-inspection process that the Contractor shall follow:

1. Contractor shall email the City weekly a reinspection spreadsheet indicating all locations that require a reinspection.

2. The Contractor will be expected to perform the reinspection, unless notified otherwise by the City.

The Contractor shall perform the reinspection within the appropriate timeframe as indicated in the City of Dublin’s Enforcement Response Plan.

3. If after reinspection, deficiencies are still noted, the Contractor shall notify City staff immediately and work with City staff to determine what action needs to be taken. 314
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 4 of 8 2) Municipal Regional Stormwater NPDES Permit Provision C.4 Business Inspections MRP Provision C.4 requires permittees to conduct inspections at all industrial and commercial facilities that could reasonably be considered to cause or contribute to stormwater pollution if proper best management practices are not implemented. The City anticipates that the selected Contractor will be required to conduct approximately 100 first inspections on a yearly basis. Out of these, it is expected that approximately 10 - 15% will require a second inspection and approximately 5% will require a third inspection.

Each inspection will be billed on a per inspection basis, (i.e. lump sum). Contractor shall provide the proposed lump sum dollar amount per inspection in the proposal, indicating how that lump sum was determined.

Inspection Plans
The Contractor will be responsible for updating the 5-year inspection plan in the first quarter of the contract term. Update of the 5-year inspection plan shall include populating the Clean Water Program ArcGIS online database with project contact information. The 5-year inspection plan will be reviewed and approved by the Environmental & Sustainability Division in the Public Works Department. The 5-year plan shall be designed to meet the requirements of the MRP. The Contractor shall include in the 5-Year inspection plan details regarding which businesses are required to file a Notice of Intent under the Industrial General NPDES Permit with the State Water Resources Control Board and include compliance status with that State requirement. The Contractor shall use the State Stormwater Multiple Application and Report Tracking System to verify compliance.

In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection plan shall include identifying current site contacts and reviewing the new business list provided by the City to the Contractor to verify the business list is up to date. The contractor shall review the new business list to determine which businesses may cause or contribute to stormwater pollution and therefore should be added to the annual inspection plan for the year. As part of the developing the annual inspection plan, the Contractor shall verify compliance with the State Industrial Permit for businesses included in the annual inspection plan. The Contractor shall also identify businesses that are certified oil collection centers in the 5-year business inspection plan and provide appropriate outreach/information related to responsibilities of said certified centers annually.

The new business list will be provided to the Contractor by September 1 annually and the Contractor shall provide the updated annual inspection plan to the City, including new businesses, by October 1 annually.

The annual inspection list may be modified from time-to-time in response to businesses opening/closing or complaints.

Inspections
The Contractor will be required to use the CWP AGOL inspection application to conduct the inspections.

The Contractor shall be familiar with and follow the City’ Enforcement Response Plan in the enforcement actions issued to facilities with violations. The key tasks under this scope of services for conducting C.4 Business Stormwater Inspections will include the following:
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Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 5 of 8

2.a. First Inspections
The following generally describes the first inspection process that the Contractor shall follow. The inspection process may be modified from time-to-time, but will generally include:

1. Using City letterhead and envelopes, the Contractor will send a letter to site locations scheduled for inspection. The site location list shall be the list developed and updated by the Contractor and approved by the City as part of the annual inspection plan. Once the letter has been sent, the City may require the Contractor to set up appointments with location representative(s) at least a few days ahead of the inspection date and time.

2. Visit the business site and meet with business representative. Explain the purpose for the inspection and ask questions to ascertain that operational Best Management Practices are implemented by the business to prevent stormwater pollution. The inspection shall include rooftop observations, as safety allows.

3. Complete the inspection report, obtain the business representative’s signature on the form, and email the form to the business representative. The Contractor shall also:
 Take pictures of potential deficiencies and/or best management practices to include in the AGOL app.
 Document if on-site trash capture devices are installed on-site and being properly maintained. The inspector shall ask for maintenance records for on-site trash capture devices, as applicable.
 Require location representative to install storm drain markers, if needed.  Determine the appropriate enforcement response timeline, following the City’s Enforcement Response Plan, provided in Attachment A, and indicate the timeline in the inspection report.
 Distribute the appropriate BMP handouts provided by the City to business owners/managers.
 If an active discharge is observed during the inspection, the Contractor shall take the necessary steps to stop the discharge and immediately contact the City.  When a business representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take.

4. If it is discovered that a business is no longer in operation, Contractor shall complete an inspection report indicating that the site is out of business. Note if a new business has moved into the facility and provide the information to the City. Conduct an inspection, as necessary.

5. All first inspections shall be completed no later than May 15th of each year.

6. For businesses that have potential or actual stormwater violations, Contractor will let the business representative know at the end of the first inspection that the business has violation(s) that must be addressed. Contractor will show the business representative all potential or actual violations and/or concerns and provide a timeline to the business representative. Contractor will follow the City’s Enforcement Response Plan when determining compliance schedule. 316
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 6 of 8 Contractor shall take pictures of any actual or potential problem areas, document number of pictures taken for a site and note that in the CWP AGOL platform. If necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the business representative outlining violations or potential violations, along with appropriate guidance to address the violations. Contractor will notify the City by the 3rd business day of the week following inspection of all businesses that require a re-inspection.

2.b. Reinspection of Businesses
The following generally describes the re-inspection process that the Contractor shall follow:

1. Contractor shall email the City weekly a re-inspection spreadsheet indicating all locations that require a reinspection.

2. The Contractor will be expected to perform the reinspection, unless notified otherwise by the City.

The Contractor shall perform the re-inspections within the appropriate timeframe as indicated in the City of Dublin’s Enforcement Response Plan.

3. If after reinspection, deficiencies are still noted, the Contractor shall notify City staff immediately and work with City staff to determine what action needs to be taken. 3) Municipal Regional Stormwater NPDES Permit (MRP) Provision C.10 Trash Load Reduction Inspections
MRP Provision C.10 requires permittees to have achieved 100% trash load reduction via installation of full trash capture devices or other actions equivalent to full trash capture by June 30, 2025. The Contractor(s) will assist the City with this MRP provision by conducting inspections to verify that private full trash capture devices are being maintained and/or to conduct on-land visual trash assessments to verify that equivalent actions equal to full trash capture are being implemented.

3.a. Locations with installed full trash capture devices.

The MRP allows third-party maintenance reports in lieu of conducting in-person inspections for vault-based systems. The Contractor shall send annual letters to all locations with installed full trash capture devices requesting that annual operations and maintenance reports are submitted, per the Stormwater Management Maintenance Agreement and/or the Dublin Municipal Code. The Contractor shall assist with tracking which entities have submitted the reports and conducting follow-up with the entities that do not respond to initial requests for the report. The follow-up shall include tracking down current property owners or responsible entities when the existing known contact information is out of date.

This task will be billed on a per location basis, (i.e. lump sum). Contractor shall provide the proposed lump sum dollar amount in the proposal, indicating how that lump sum was determined.

3.b. Locations implementing actions equivalent to full trash capture devices 317
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 7 of 8 The Contractor shall verify that equivalent actions are being implemented via on-site inspection. Equivalent actions include but are not limited to daily litter pick-up, making available and servicing publicly accessible waste containers, storm drain inlet cleaning, or other actions. Some locations may require on-land visual trash assessments, conducted using the protocols established in the “On-land Visual Trash Assessment Protocol for Stormwater, Protocol C – Area Based Survey” developed by EOA Inc. and Keish Environmental (Attachment B). The inspection reports shall be completed in the CWP AGOL application.

When it is determined that actions/good housekeeping practices are not being implemented such that they are equivalent to full trash capture devices, the Contractor shall conduct follow-up inspections and enforcement to gain compliance.

Contractor shall take pictures of any actual or potential problem areas, document number of pictures taken for a site, and note that in the CWP AGOL platform. If necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the business representative outlining violations or potential violations, along with appropriate guidance to address the violations. Contractor will notify the City by the 3rd business day of the week following inspection of all businesses that require a re-inspection.

Each inspection will be billed on a per inspection basis, (i.e. lump sum). Contractor shall provide their proposed lump sum dollar amount per inspection in their proposal, indicating how that lump sum was determined.
4) Illicit Discharge and Spill Response Assistance
The Environmental & Sustainability Division (ESD) in the Public Works Department has responsibility for illicit discharge and spill response, investigation, cleanup, follow-up, and record keeping. ESD will utilize the Contractor to assist with spill response efforts for the City. The Contractor will be the first responder, as needed, on evenings, weekends, and holidays.

The City will utilize the Contractor for assistance with spill and discharge response, as needed. The Contractor may be called upon to conduct investigations, develop action plans, assist with spill containment, assist with recordkeeping and time tracking, conduct follow-up work, or other activities as described in the City’s Spill and Discharge Response Plan. The Contractor is required to follow the Spill and Discharge Response Plan as it may be updated from time to time.

As the first responder, the Contractor shall use the city’s Urban Runoff and Incident Report Form and follow procedures as outlined in the City’s Spill and Discharge Response Plan after consulting with City staff regarding how to proceed with the response.

The Contractor will provide a qualified individual to conduct site investigations associated with any reported spills or discharges. The spill inspector will obtain the appropriate field forms and any available improvement plans and/or any GIS information identifying the location of storm drains in the immediate area. The City may ask the Contractor to take the lead collecting samples of the material discharged.

The Contractor is responsible for providing the spill inspector appropriate PPE and field equipment, including a camera and reporting materials.
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Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit A – Page 8 of 8 Assumptions for Spill Response Investigations:
 The Contractor shall assume there will be up to 12 spill investigations needed per fiscal year.
 The Contractor shall assume a typical spill response investigation will take no more than 4 hours initially.
 The Contractor shall assume the follow up on the incident will take no more than 1.5 hours.  The Contractor shall assume the emergency weekend/after hours on-call rate will be 1.5 times the normal hourly rate.
 In the event the Contractor is the first to arrive at an emergency situation (hazardous or unknown material spill), the Contractor shall notify First Responders and the City of Dublin in parallel to immediately resolve any unsafe/hazardous situations.  For all other non-hazardous spills, the Contractor would follow the reporting protocol as outlined by the City of Dublin and the City of Dublin will make all agency and responsible party potential fine notifications.

Spill response activities will be billed on a time and materials basis. Contractor shall provide a rate schedule in the proposal.
5) Project Management and QA/QC
Contractor shall provide a Project Manager for coordination and management of the Contractor team activities and communication with the City of Dublin. It is expected that the Project Manager will provide QA/QC oversight of inspection reports, warning letters, and other deliverables provided to the City such that minimal review of said information is required by City staff.

Contractor is expected to participate in monthly status update meetings that will be billed on a time and material basis.
319
Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit B – Page 1 of 3

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Effective January 1, 2024 – December 31, 2024

ENGINEERING SERVICES HOURLY RATES
Classification Rate
Senior Engineer $ 201.00
Engineer III $ 194.00
Engineer II $ 175.00
Engineer I $ 144.00
Technician $ 131.00
Engineer Assistant $ 101.00

SURVEY SERVICES HOURLY RATES
Senior Surveyor $ 201.00
Surveyor III $ 194.00
Surveyor II $ 175.00
Surveyor I $ 144.00
Survey Technician $ 131.00
Survey Assistant $ 101.00
Two Person Survey Party $ 340.00
Survey Party Chief $ 220.00
Survey Chainman $ 120.00
Survey Apprentice $ 112.00
Aerial Drone Surveyor $ 217.00

OTHER PROFESSIONAL RATES
Principal $ 269.00
Associate Principal $ 245.00
Senior Project Manager $ 240.00
Project Manager $ 226.00
Senior Landscape Architect $ 172.00
Landscape Architect $ 156.00
Construction Manager $ 235.00
Resident Engineer $ 226.00
Field Engineer $ 194.00
Technical Writer $ 138.00
Graphic Illustrator $ 131.00
Project Assistant $ 101.00
 All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus 10%.
 Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%.  Billing will be monthly net 30 days.
 Hourly rates are subject to increase annually at a rate commensurate with the San Francisco CPI, as approved by the City of Dublin.
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Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit B – Page 2 of 3 Municipal Regional Stormwater NPDES Permit Inspections
and Illicit Discharge and Spill Response Services

SUMMARY OF ANNUAL LABOR
EFFORT

06.11.2024
CSW/ST2
Total C
S
W|S
T2 Hours
Total C
S
W|S
T2 Budget
Robert StevensPrincipal
Julia HarbersonProject Manager
Kristine PillsburyProject Oversight InspectorVariesInspectors Billable Rate ($/ hour) 269.00 240.00 201.00 175.00
1 NPDES Administration

1.1 Annual Project Kickoff 2 2 2 6 $1,420

1.2 Develop Site Matrix/Update Site Matrix 4 8 12 $2,568

1.3 Inspection Plan 8 8 16 $3,528

1.4 Identify Regulated Projects 4 4 8 $1,764

1.5 Meetings (assume 2) 2 2 4 $882

1.6 QA/QC 4 4 $1,076
Task 1 Subtotal 6 20 24 0 50 $11,238
2 1st Inspection

2.1 Outreach to Owner/Operators 8 12 12 32 $6,432

2.2 1st Inspection 8 55 100 163 $30,475

2.3 Documentation 8 30 50 88 $16,700

2.4 Meetings (assume 3) 3 3 3 9 $1,848

2.5 QA/QC 4 4 $1,076
Task 2 Subtotal 4 27 100 165 296 $56,531
3 2nd & 3rd Inspection

3.1 Outreach to Owner/Operators 4 8 8 20 $3,968

3.2 2nd Inspection 8 30 45 83 $15,825

3.2 3rd Inspection 4 10 15 29 $5,595

3.3 Documentation (incl. Annual Inspection Report) 8 40 50 98 $18,710

3.4 Meetings (assume 3) 3 3 3 9 $1,848

3.5 QA/QC 8 8 $2,152
Task 3 Subtotal 8 27 91 121 247 $48,098
4 Illicit Discharge and Spill Response (assume 12)

4.1 Investigation & Source Identification 12 48 48 108 $20,928

4.2 Containment & Mitigation 6 18 18 42 $8,208

4.3 Cleanup & Remediation 12 48 60 $12,528

4.4 Documentation 12 12 24 48 $9,492

4.5 QA/QC 12 12 $3,228
Task 4 Subtotal 12 42 126 90 270 $54,384
Labor Total 30 116 341 376 593 $170,251
Reimbursable Expenses
General Expenses $5,000
Total Reimbursable Expenses: $5,000
Total CSW|ST2 Cost per Year: $175,251
Total CSW|ST2 Cost (3-Years): $525,753
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Services Agreement between July 17, 2024
City of Dublin and CSW/Stuber-Stroeh Engineering Group Exhibit B – Page 3 of 3 Municipal Regional Stormwater NPDES Permit
Inspections and Illicit Discharge and Spill
Response Services

SUMMARY OF LABOR EFFORT

06.11.2024
CSW/ST2
Total C
S
W|S
T2 Hours
Total C
S
W|S
T2 Budget
Robert StevensPrincipal
Julia HarbersonProject Manager
Kristine PillsburyProject Oversight Inspector
VariesInspectors
AGOL Data Entry – Start of Contract Effort (Year 1 Cost Only) 6 AGOL C3 App Data Entry

6.1 Review O&M Agreements for Contact Information not in existing spreadsheet (assumes 25 sites) 1 2 6 9 $1,692

6.2 Contact Information Data Entry (~120 sites, assume 8 sites per hour) 1 2 15 18 $3,267
Task 1 Subtotal 0 2 4 21 27 $4,959
7 AGOL C4 App Data Entry

7.1 Contact Information Data Entry (~400 sites) from existing spreadsheet (assume 8 sites per hour) 2 2 50 54 $9,632
Task 2 Subtotal 0 2 2 50 54 $9,632
Labor Total 0 4 6 71 81 $14,591
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REQUEST FOR PROPOSALS
Municipal Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services
City of Dublin
Proposals must be received by: May 6, 2024 by 5:00 p.m.

Shannan Young, Environmental & Sustainability Manager
Public Works Department
100 Civic Plaza
City of Dublin, CA 94568
Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal questions, b) experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of previous clients.

Attachment 3
323
Request for Proposal
For
Municipal Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services Overview
The City of Dublin (City) is issuing this RFP to hire a Contractor(s) to assist meeting permit mandates under the Municipal Regional Stormwater NPDES Permit Order No. R2-2022-0018 (MRP). Specifically, the City desires to select a Contractor(s) to conduct inspections to meet requirements of MRP Provisions C.3, C.4, and C.10 and to assist with illicit discharge and spill response under Provision C.5 of the MRP. The Contractor(s) must be well informed about the respective MRP Provisions for which the entity is hired to assist the City. As part of the inspection process, the Contractor(s) will also verify compliance with product bans and related legislation (e.g., AB 1276). The City may elect to hire one Contractor for all services in this RFP or may select separate Contractors for specific tasks in this RFP. The scope of work is outlined below.

Project Description:

The specific scopes of work under this RFP include: 1) Updating 5-year and annual work plans and conducting inspections to meet MRP Provision C.3 Operations and Maintenance Verification requirements; 2) Updating 5- year and annual works plans and conducting inspections to meet MRP Provision C.4 business inspection requirements; 3) Conducting inspections and collecting maintenance records to meet MRP Provision C.10 Trash Load Reduction Requirements, and 4) Providing illicit discharge and spill response services. Detailed descriptions of each scope of work are provided below. Please note that there are overlaps at some parcels/projects for some or all of these inspections (e.g., a parcel may require a C.4 general business inspection and also a C.3 O&M inspection and/or a C.10 PLDA inspection). Contractors are encouraged to explain how they would approach these situations regarding annual work plans and billing.

Considerations:
1) Municipal Regional Stormwater NPDES Permit (MRP) Provision C.3 Operations and Maintenance Verification Inspections
MRP Provision C.3 mandates that permittees conduct an operations and maintenance (O&M) verification program to ensure stormwater treatment and hydromodification management measures (collectively, “stormwater management measures”) remain in effective operating condition in perpetuity. Permittees must conduct O&M verification inspections according to the following formula:
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• Inspection of an average of 20%, but no less than 15% of total number (at the end of the preceding fiscal year) of Regulated Projects per year, such that all Regulated Projects are inspected at least once every five years.

Currently, the City has over 100 Regulated Project sites with installed stormwater management measures, including both low impact development measures and proprietary treatment measures. During the first contract year, the City anticipates the Contractor will conduct inspections of approximately 30 Regulated Projects. Of those inspections, approximately 50% will require a second inspection and 10-15% will require a third inspection. As the number of Regulated Projects with installed stormwater management measures increases, the number of required annual inspections will increase.

A Regulated Project may have only one stormwater management measure, or it may have multiple stormwater management measures. The fee paid to the Contractor to conduct C.3 O&M inspections will be based on a reasonable per hour inspection fee and the hourly fee will be applied to a reasonable number of hours per site, depending on how many stormwater management measures are on-site. Contractor shall provide the proposed fee schedule in the proposal, indicating how that fee schedule was determined.

Inspection Plans
The Contractor will be responsible for updating the 5-year inspection plan in the first quarter of the contract term. The 5-year inspection plan will be reviewed and approved by the Environmental & Sustainability Division in the Public Works Department. The Contractor will develop the plan using the information provided in the Clean Water Program ArcGIS On-Line database, or equivalent database (CWP database) and shall be designed to meet the requirements of the MRP. In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan.

Development of the annual inspection plan shall include identifying current site contacts and reviewing the CWP database to verify that project locations in the 5-year plan are up to date. The annual inspection plan shall be provided to the Environmental & Sustainability Division by October 1 each year.

Annual Operation and Maintenance Reports
Using the updated contact list in the 5-year inspection plan, the Contractor shall be responsible for sending annual letters to the entire inventory of Regulated Project sites requesting that annual operations and maintenance reports are submitted, per the Stormwater Management Maintenance Agreement. The Contractor shall assist with tracking which entities have submitted the reports and conducting follow-up with the entities that do not respond to initial requests for the report.

Inspections
As part of conducting inspections, Contractor shall set up appointments with site location contacts at least a few days ahead of the inspection date. The Contractor shall use the Alameda Countywide Clean Water Program (CWP) Arc GIS On-line (AGOL) field application to conduct the inspections. The Contractor shall be familiar with and follow the City’s Enforcement Response Plan when issuing enforcement actions to facilities with deficiencies in any stormwater management measure. The key tasks under this scope of services for conducting C.3 Operations and Maintenance Verification Inspections shall include, but not be limited to, the following:
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1.a. First Inspections
The following generally describes the first inspection process that the Contractor shall follow. The inspection process may be modified from time-to-time, but will generally include:

1. Using City letterhead and envelopes, the Contractor will send a letter to site locations scheduled for inspection. The site location list shall be the list developed and updated by the Contractor and approved by the City as part of the annual inspection plan. Once the letter has been sent, the Contractor shall set up appointments with location representative(s) at least a few days ahead of the inspection date and time. The Contractor shall review site drawings and previous inspection results to determine compliance history prior to going to the site.

2. Visit the site and meet with the location representative. Explain the purpose for the inspection and ask questions to verify that stormwater management measures are operating and being maintained adequately.

3. Ask location representative for maintenance records for all stormwater management measures, particularly underground or proprietary management measures.

4. Fill out the inspection report in the Clean Water Program AGOL database and obtain the location representative’s signature on the form. The Contractor shall also:
o Take pictures of potential deficiencies and/or best management practices to include in the AGOL app.
o Require location representative to install storm drain markers, if needed. o Determine the appropriate enforcement response timeline, following the City’s Enforcement Response Plan, provided in Attachment A and indicate the timeline in the inspection report.

5. Distribute appropriate BMP handouts provided by the City to location representative.

6. When a location representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take.

7. If it is discovered that the site owner/operator is different than the owner/operator as listed in the annual inspection plan, notify the City of the change. If the new site owner/operator is occupying the location, the Contractor shall provide educational materials, as needed and complete the inspection.

8. All first inspections shall be completed no later than May 15th of each year.

9. For site locations that have stormwater management measures with potential deficiencies, Contractor shall let the location representative know about the deficiency at the end of the first inspection.

Contractor will show the location representative the deficiencies and/or concerns and provide a timeline to cure the deficiency to the location representative. Contractor shall follow the City’s Enforcement Response Plan when determining the compliance schedule.

Contractor shall take pictures of any potential problem areas, document number of pictures taken for a site, and note that in the AGOL app. A copy of the inspection report shall be emailed to the location representative via the AGOL app within 3 business days of the inspection. As necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the location representative outlining violations deficiencies, along with appropriate guidance to address the violations. Contractor shall notify the City by the 3rd business day of the week following the inspection of all locations that require a reinspection. 326

1.b. Re-inspections of Stormwater Management Measures
The following generally describes the re-inspection process that the Contractor shall follow:

1. Contractor shall email the City weekly a reinspection spreadsheet indicating all locations that require a reinspection.

2. The Contractor will be expected to perform the reinspection, unless notified otherwise by the City. The Contractor shall perform the reinspection within the appropriate timeframe as indicated in the City of Dublin’s Enforcement Response Plan.

3. If after reinspection, deficiencies are still noted, the Contractor shall notify City staff immediately and work with City staff to determine what action needs to be taken. 2) Municipal Regional Stormwater NPDES Permit Provision C.4 Business Inspections MRP Provision C.4 requires permittees to conduct inspections at all industrial and commercial facilities that could reasonably be considered to cause or contribute to stormwater pollution if proper best management practices are not implemented. The City anticipates that the selected Contractor will be required to conduct approximately 100 first inspections on a yearly basis. Out of these, it is expected that approximately 10 - 15% will require a second inspection and approximately 5% will require a third inspection.

Each inspection will be billed on a per inspection basis, (i.e. lump sum). Contractor shall provide the proposed lump sum dollar amount per inspection in the proposal, indicating how that lump sum was determined.

Inspection Plans
The Contractor will be responsible for updating the 5-year inspection plan in the first quarter of the contract term. The 5-year inspection plan will be reviewed and approved by the Environmental & Sustainability Division in the Public Works Department. The 5-year plan shall be designed to meet the requirements of the MRP. The Contractor shall include in the 5-Year inspection plan details regarding which businesses are required to file a Notice of Intent under the Industrial General NPDES Permit with the State Water Resources Control Board and include compliance status with that State requirement. The Contractor shall use the State Stormwater Multiple Application and Report Tracking System to verify compliance.

In addition, the Contractor shall be responsible for providing to the City for review and approval an annual inspection plan, which shall be based on the 5-year inspection plan. Development of the annual inspection plan shall include identifying current site contacts and reviewing the new business list provided by the City to the Contractor to verify the business list is up to date. The contractor shall review the new business list to determine which businesses may cause or contribute to stormwater pollution and therefore should be added to the annual inspection plan for the year. As part of the developing the annual inspection plan, the Contractor shall verify compliance with the State Industrial Permit for businesses included in the annual inspection plan.

The Contractor shall also identify businesses that are certified oil collection centers in the 5-year business inspection plan and provide appropriate outreach/information related to responsibilities of said certified centers annually.
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The new business list will be provided to the Contractor by September 1 annually and the Contractor shall provide the updated annual inspection plan to the City, including new businesses, by October 1 annually. The annual inspection list may be modified from time-to-time in response to businesses opening/closing or complaints.

Inspections
The Contractor will be required to use the CWP AGOL inspection application to conduct the inspections. The Contractor shall be familiar with and follow the City’ Enforcement Response Plan in the enforcement actions issued to facilities with violations. The key tasks under this scope of services for conducting C.4 Business Stormwater Inspections will include the following:

2.a. First Inspections
The following generally describes the first inspection process that the Contractor shall follow. The inspection process may be modified from time-to-time, but will generally include:

1. Using City letterhead and envelopes, the Contractor will send a letter to site locations scheduled for inspection. The site location list shall be the list developed and updated by the Contractor and approved by the City as part of the annual inspection plan. Once the letter has been sent, the City may require the Contractor to set up appointments with location representative(s) at least a few days ahead of the inspection date and time.

2. Visit the business site and meet with business representative. Explain the purpose for the inspection and ask questions to ascertain that operational Best Management Practices are implemented by the business to prevent stormwater pollution. The inspection shall include rooftop observations, as safety allows.

3. Complete the inspection report, obtain the business representative’s signature on the form, and e-mail the form to the business representative. The Contractor shall also:
a. Take pictures of potential deficiencies and/or best management practices to include in the AGOL app.
b. Document if on-site trash capture devices are installed on-site and being properly maintained.

The inspector shall ask for maintenance records for on-site trash capture devices, as applicable. c. Require location representative to install storm drain markers, if needed. d. Determine the appropriate enforcement response timeline, following the City’s Enforcement Response Plan, provided in Attachment A, and indicate the timeline in the inspection report. e. Distribute the appropriate BMP handouts provided by the City to business owners/managers.

4. If an active discharge is observed during the inspection, the Contractor shall take the necessary steps to stop the discharge and immediately contact the City.

5. When a business representative is NOT available for inspection, Contractor shall contact the City to determine the action the City would like to take.

6. If it is discovered that a business is no longer in operation, Contractor shall complete an inspection report indicating that the site is out of business. Note if a new business has moved into the facility and provide the information to the City. Conduct an inspection, as necessary.

7. All first inspections shall be completed no later than May 15th of each year. 328

8. For businesses that have potential or actual stormwater violations, Contractor will let the business representative know at the end of the first inspection that the business has violation(s) that must be addressed. Contractor will show the business representative all potential or actual violations and/or concerns and provide a timeline to the business representative. Contractor will follow the City’s Enforcement Response Plan when determining compliance schedule.

Contractor shall take pictures of any actual or potential problem areas, document number of pictures taken for a site and note that in the CWP AGOL platform. If necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the business representative outlining violations or potential violations, along with appropriate guidance to address the violations. Contractor will notify the City by the 3rd business day of the week following inspection of all businesses that require a re-inspection.

2.b. Reinspection of Businesses
The following generally describes the re-inspection process that the Contractor shall follow:

1. Contractor shall email the City weekly a re-inspection spreadsheet indicating all locations that require a reinspection.

2. The Contractor will be expected to perform the reinspection, unless notified otherwise by the City. The Contractor shall perform the re-inspections within the appropriate timeframe as indicated in the City of Dublin’s Enforcement Response Plan.

3. If after reinspection, deficiencies are still noted, the Contractor shall notify City staff immediately and work with City staff to determine what action needs to be taken. 3) Municipal Regional Stormwater NPDES Permit (MRP) Provision C.10 Trash Load Reduction Inspections
MRP Provision C.10 requires permittees to have achieved 100% trash load reduction via installation of full trash capture devices or other actions equivalent to full trash capture by June 30, 2025. The Contractor(s) will assist the City with this MRP provision by conducting inspections to verify that private full trash capture devices are being maintained and/or to conduct on-land visual trash assessments to verify that equivalent actions equal to full trash capture are being implemented.

3.a. Locations with installed full trash capture devices.

The MRP allows third-party maintenance reports in lieu of conducting in-person inspections for vault-based systems. The Contractor shall send annual letters to all locations with installed full trash capture devices requesting that annual operations and maintenance reports are submitted, per the Stormwater Management Maintenance Agreement and/or the Dublin Municipal Code. The Contractor shall assist with tracking which entities have submitted the reports and conducting follow-up with the entities that do not respond to initial requests for the report. The follow-up shall include tracking down current property owners or responsible entities when the existing known contact information is out of date.

This task will be billed on a per location basis, (i.e. lump sum). Contractor shall provide the proposed lump sum dollar amount in the proposal, indicating how that lump sum was determined. 329

3.b. Locations implementing actions equivalent to full trash capture devices The Contractor shall verify that equivalent actions are being implemented via on-site inspection. Equivalent actions include but are not limited to daily litter pick-up, making available and servicing publicly accessible waste containers, storm drain inlet cleaning, or other actions. Some locations may require on-land visual trash assessments, conducted using the protocols established in the “On-land Visual Trash Assessment Protocol for Stormwater, Protocol C – Area Based Survey” developed by EOA Inc. and Keish Environmental (Attachment B).

The inspection reports shall be completed in the CWP AGOL application. When it is determined that actions/good housekeeping practices are not being implemented such that they are equivalent to full trash capture devices, the Contractor shall conduct follow-up inspections and enforcement to gain compliance.

Contractor shall take pictures of any actual or potential problem areas, document number of pictures taken for a site, and note that in the CWP AGOL platform. If necessary and as outlined in the City’s Enforcement Response Plan, the Contractor shall be responsible for writing warning letters, Notice of Violations, or other letters to the business representative outlining violations or potential violations, along with appropriate guidance to address the violations. Contractor will notify the City by the 3rd business day of the week following inspection of all businesses that require a re-inspection.

Each inspection will be billed on a per inspection basis, (i.e. lump sum). Contractor shall provide their proposed lump sum dollar amount per inspection in their proposal, indicating how that lump sum was determined. 4) Illicit Discharge and Spill Response Assistance
The Environmental & Sustainability Division (ESD) in the Public Works Department has responsibility for illicit discharge and spill response, investigation, cleanup, follow-up, and record keeping. ESD will utilize the Contractor to assist with spill response efforts for the City. The Contractor will be the first responder, as needed, on evenings, weekends, and holidays.

The City will utilize the Contractor for assistance with spill and discharge response, as needed. The Contractor may be called upon to conduct investigations, develop action plans, assist with spill containment, assist with recordkeeping and time tracking, conduct follow-up work, or other activities as described in the City’s Spill and Discharge Response Plan. The Contractor is required to follow the Spill and Discharge Response Plan as it may be updated from time to time.

As the first responder, the Contractor shall use the city’s Urban Runoff and Incident Report Form and follow procedures as outlined in the City’s Spill and Discharge Response Plan after consulting with City staff regarding how to proceed with the response.

The Contractor will provide a qualified individual to conduct site investigations associated with any reported spills or discharges. The spill inspector will obtain the appropriate field forms and any available improvement plans and/or any GIS information identifying the location of storm drains in the immediate area. The City may ask the Contractor to take the lead collecting samples of the material discharged.

The Contractor is responsible for providing the spill inspector appropriate PPE and field equipment, including a camera and reporting materials.
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Assumptions for Spill Response Investigations:
• The Contractor shall assume there will be up to 12 spill investigations needed per fiscal year. • The Contractor shall assume a typical spill response investigation will take no more than 4 hours initially.
• The Contractor shall assume the follow up on the incident will take no more than 1.5 hours. • The Contractor shall assume the emergency weekend/after hours on-call rate will be 1.5 times the normal hourly rate.
• In the event the Contractor is the first to arrive at an emergency situation (hazardous or unknown material spill), the Contractor shall notify First Responders and the City of Dublin in parallel to immediately resolve any unsafe/hazardous situations.
• For all other non-hazardous spills, the Contractor would follow the reporting protocol as outlined by the City of Dublin and the City of Dublin will make all agency and responsible party potential fine notifications.

Spill response activities will be billed on a time and materials basis. Contractor shall provide a rate schedule in the proposal.
5) Project Management and QA/QC
Contractor shall provide a Project Manager for coordination and management of the Contractor team activities and communication with the City of Dublin. It is expected that the Project Manager will provide QA/QC oversight of inspection reports, warning letters, and other deliverables provided to the City such that minimal review of said information is required by City staff.

Contractor is expected to participate in monthly status update meetings that will be billed on a time and material basis.

Process and General Conditions

1. Proposers shall submit electronic copy to:

Shannan Young
Environmental & Sustainability Manager
[email protected]
Electronic copies shall be submitted by email as a PDF.

2. Deadline for submitting the proposal is May 6, 2024, at 5:00 p.m.

3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each proposal shall be limited to a maximum of 15 pages, single-sided, using minimum 12-point font size. Page limit excludes a table of contents and resumes for Consultant’s team. 331
Schedule for RFP Process
April 10, 2024 Request for Proposals posted on City website.

April 15, 2024 Deadline to submit questions to City of Dublin.

April 17, 2024 Addendum posted, if required.

May 6, 2024 Proposals are due via e-mail no later than 5:00 PM on May 6, 2024. Late submittals will not be accepted.

May 14, 2024 Interview firms (tentatively scheduled for May 14) July 16, 2024 Agreement tentatively scheduled for approval by the Dublin City Council. (Tentative dates, subject to change)
RFP Submittal Requirements
Please prepare and organize your Statement of Qualification based on the requirements provided below. Any other information you would like to include should be placed in a separate section at the back of your Statement of Qualification. Please note however that the RFQ submittal is limited to 15 pages maximum single sided. Page limit excludes a table of contents and resumes for Contractor’s team.

Interested firms are requested to submit one electronic copy of their Proposal as follows:

1. Include a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide services as described in this RFP. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter.

2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity.

3. Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed.

4. List key staff members, including identification of the Principal-in-Charge and Project Manager/primary point-of-contact. Include each team member’s availability, including all existing committed hours, and the ability of being able to complete the project on time and budget.

5. Provide an approach to completing this project, showing the flow of various tasks of the work, and demonstrating clear understanding of the requested work.

6. Provide a project schedule.
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7. Present proposed project budget, to include a compensation rate schedule for services.

8. Provide confirmation of your firm’s ability to meet the City’s Standard Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal.

Standard Agreement:

The term of the agreement is anticipated to begin July 17, 2024.

A sample of the City’s Standard Contracting Agreement (Agreement), including insurance requirements, is provided as Attachment C.

If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals.

Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable.

Consideration of 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.

Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.

This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.

Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.
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Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State, or local laws. In the event of Proposer noncompliance, the City of Dublin may cancel, terminate, or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.

Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].

Governing Law
This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.

Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements:

General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Professional Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000
References
Contractor must include three (3) references for which the company has provided services similar to those described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number, and Term of the Contract.

Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a forced ranking process (please see Attachment B, Forced Ranking Rating Sheet, for further detail). Informal interviews may be conducted by City staff and may include more than one firm that has submitted a Proposal. 334
Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services.

The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City.

Selection of Contractor
Submitted Proposals will be evaluated and scored using the following criteria:
• Qualifications and specific experience of key project team members. • Quality and completeness of the proposal.
• Experience with engagement of similar scope and complexity. • Satisfaction of previous clients.
• Cost of providing the consultant services for this project. 335
Attachment A
City of Dublin Enforcement Response Plan
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City of Dublin
Municipal Stormwater Program
Enforcement Response Plan

1.0 Description and Purpose of Enforcement Response Plan City of Dublin (City) Municipal Code Chapters 7.74 (Stormwater Management and Discharge Control), 7.16 (Grading regulations), 7.52 (Abatement of Nuisances), 7.20 Watercourse Protection and 1.04 (General Provisions) authorizes the City to enforce municipal stormwater requirements prescribed by the Municipal Regional Stormwater NPDES1 Permit, Order No. R2- 2022-0018 (MRP) issued by the California Regional Water Quality Control Board, San Francisco Bay Region (Regional Water Board). This Enforcement Response Plan (ERP) provides guidance to City inspection staff to support actions necessary to achieve equitable, consistent, effective, and timely compliance with the City’s stormwater ordinance and other provisions of the City’s Municipal Code, as well as to comply with the following sections of the MRP:
 Operation and Maintenance (O&M) of Stormwater Treatment Systems – ERP (Provision C.3.h.ii.(7));
 Industrial and Commercial Site Controls – ERP (Provision C.4.c);  Illicit Discharge Detection and Elimination – ERP (Provision C.5.b);  Construction Site Control – ERP (Provision C.6.b); and  Private Land Drainage Area Management to Trash Full Capture Equivalent – (Provision C.10.a.ii.(b)).

The City’s ERP integrates the requirements from these different MRP provisions into one enforcement response policy to facilitate consistent enforcement responses within the City. This ERP identifies various enforcement options that are available to the City, and also provides a system of progressively escalating enforcement actions designed to expedite compliance and achieve abatement of non-stormwater discharges. The ERP ensures that enforcement actions are proportionate to the severity of the potential or actual non-stormwater discharge and includes specific timeframes to allow for corrective actions to address said discharges. The nature of a particular potential or actual non-stormwater discharge may require tailoring of the timeframes for correction and/or the use of temporary measures to promptly address an issue before a permanent solution may be implemented. As required by the MRP, this ERP also describes when it may be appropriate to refer situations to another agency, such as the Regional Water Board, for additional enforcement. A table summarizing the City’s enforcement protocol is included in Section 7.0.
1 National Pollutant Discharge Elimination System
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1.1 Definitions
Active non-stormwater discharge is an actual discharge that is occurring at the moment. Note that trash/litter can be an active discharge.

Actual discharge is an observed or documented flow of unauthorized, illicit, or pollutantcontaining stormwater discharges to the MS4. An inspector may observe the discharge or there may be evidence of a prior actual discharge.

Illicit discharge means any discharge to the municipal separate storm sewer (storm drain) system (MS4) that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. This includes all non-stormwater discharges not composed entirely of stormwater, except discharges allowed pursuant to an NPDES permit (other than the NPDES permit for discharges from the MS4).

Non-stormwater discharge means any discharge that is not entirely composed of stormwater.

Potential discharge identifies conditions with the potential to result in unauthorized, illicit, or pollutant-containing stormwater discharges to the MS4. These include, but are not limited to, housekeeping issues, inadequate waste or materials management, evidence of actual discharges that are not ongoing, lack of emergency response plans, lack of BMPs, inadequate BMPs, and inappropriate BMPs.

2.0 Types of Enforcement Actions and Their Use
This ERP identifies a range of administrative and judicial (civil and criminal) enforcement options to encourage prompt correction of potential or actual non-stormwater discharges and to prevent conditions that may cause future non-stormwater discharges. The circumstances surrounding each situation will determine which enforcement action is taken, including whether the potential or actual non-stormwater discharge is an isolated incident or one that has been reoccurring, the magnitude of harm or potential harm to the environment, whether there has been a history of non-compliance, as well as other relevant circumstances. The table in Section 7 summarizes the various enforcement options that are available to the City, which City official has authority to take each level of enforcement and provides example scenarios that trigger each type of enforcement action, in order of escalation.

The following types of enforcement actions are described in Section 7.0:
• Verbal Warnings
• Written Warning
• Administrative Order – Cease and Desist
• Administrative Order – Notice to Clean
• Administrative Order – Stop Work Order
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• Administrative Citation
• Civil Action
• Criminal Prosecution
• Referral to and Coordination with the Regional Water Board • Supplemental Enforcement Responses – Permit Suspension or Revocation

3.0 Time Schedule to Achieve Compliance

3.1 O&M Verification Inspections
For O&M Verification Inspections of stormwater treatment measures, MRP Provision C.3.h.ii.(7) states that corrective actions shall be implemented no longer than 30 days after a problem is identified by an inspector. Corrective actions can be temporary and more time may be allowed for permanent corrective actions. If more than 30 days is required for compliance, a rationale shall be recorded in the electronic database or equivalent tabular system.

For the City’s O&M verification inspections of private trash full capture systems corrective actions shall also be implemented within 30 days after a problem is identified by an inspector. If more than 30 days is needed for compliance, a rationale shall be recorded.

3.2 General Business and Construction-Phase Stormwater Inspections For commercial and industrial facility inspections, illicit discharge inspections and construction site control inspections, MRP Provisions C.4.c, C.5.b, and C.6.b, respectively, state that corrective actions shall be implemented before the next rain event, but no longer than 10 business days after the potential and/or actual non-stormwater discharges are discovered. If more than 10 business days are required for compliance, a rationale shall be recorded in the electronic database or equivalent tabular system.

3.3 Private Land Drainage Areas
For inspection of Private Land Drainage Areas for trash management as required by Provision C.10.a.ii.(b), it is recommended that corrective actions related to trash removal shall be implemented before the next rain event, but no longer than 10 business days after the potential non-stormwater discharges are discovered. More time may be allowed for permanent trash management corrective actions before a follow-up inspection is scheduled.

3.4 Immediate Abatement of Active Nonstormwater Discharges All active non-stormwater discharges must be abated immediately. If an active non-stormwater discharge is observed during any inspection, immediate abatement of the non-stormwater discharge is required. If an active non-stormwater discharge is observed during a business inspection, the business will become a high priority and will be inspected annually. The business will be placed back on its regular inspection schedule (as outlined in the City’s Business Inspection Plan) once it has returned to continued compliance. 339
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4.0 Escalation of Enforcement Actions
Depending on the nature and circumstances of each potential or actual non-stormwater discharge and the corrective action required, the City is authorized to escalate progressively stricter enforcement to achieve expedient compliance. The following factors are used to determine whether an enforcement action will be escalated:

1. Magnitude of harm to the environment. Potential or actual non-stormwater discharges may range from relatively minor environmental harm to very serious. The enforcement official will use his/her best professional judgment to decide the magnitude of the situation. The greater the harm to the environment, the more escalated the enforcement action will be.

2. Prompt corrective action. Whether the responsible party has complied in a timely manner with any required corrective action(s) or other enforcement responses. For example, if a facility receives a first-time verbal or written warning for a potential or actual non-stormwater discharge and the responsible party takes no action, then an escalated enforcement response is warranted.

3. Duration of violations. Whether the potential or actual non-stormwater discharge is an isolated event or has continued over prolonged periods of time also informs the decision to escalate enforcement or not. Continued or persistent issues will subject the responsible party to escalated enforcement actions.

4. Other relevant circumstances.
a. Good faith. Good faith demonstrated by a responsible party to comply with enforcement requirements may be considered when determining if an escalated enforcement response is necessary.
b. Effect of potential or actual non-stormwater discharge on agency performance.

A responsible party may contribute to the City’s inability to meet its NPDES permit performance standards and requirements. Such potential or actual non-stormwater discharges shall be assigned a higher level of enforcement to ensure prompt compliance.
c. History of non-compliance. If the responsible party has a history of past noncompliance, repeat violations are subject to escalated enforcement.

4.1 Example of Escalated Enforcement Protocol
Beginning with first-time non-compliance, the following example protocol demonstrates an appropriate enforcement response. The type of escalation is case-dependent and requires an assessment of the factors listed above. The enforcement response flow chart figures presented below (Figures 1 through 3) outline the protocol for escalating enforcement. • City inspector issues a verbal warning for inadequate BMPs. The inadequate BMPs observed do not present an imminent threat to stormwater quality (e.g., an enclosure is 340
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being used for storage and the garbage bins are being stored outside). The inspector gives the responsible party 10 business days to comply.
• The City inspector conducts a re-inspection after 10 business days to verify that the responsible party is in compliance.
• If the responsible party has not complied, the City issues the next enforcement action within 48 hours and a written warning in the form of a formal letter is sent to the responsible party. The written warning includes information on the inadequate BMPs observed during the inspection, the date that the verbal warning was given, the timeline to correct the issue, the date that the re-inspection occurred, and the findings of the reinspection. • The responsible party has 10 business days to comply with the written warning. • The City inspector conducts a re-inspection after 10 business days to verify that the responsible party is in compliance. Given the type of violation observed in this example, the inspector would not necessarily escalate the enforcement above the written warning if the responsible party had not yet corrected the problem. If no rain is imminent and the there is no immediate threat to stormwater quality, the inspector would typically send a second written warning within 24-48 hours, where such letter would be sent via certified mail. The responsible party would have 10 business days to comply with the second written warning.
• If the responsible party had not complied with the second written warning, then the City would issue the next enforcement action within 30 business days, assuming there continues to be no immediate threat to the environment. If there is an immediate threat to the environment, escalating enforcement must be expedited. The next enforcement action may be an Administrative Order, Administrative Citation, referral to the City or District Attorney’s office, or referral to the Regional Water Board. 341
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Figure 1. Enforcement Response Flow Chart for C.3 Stormwater Treatment Measures O&M Verification Inspections 342
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Figure 2. Enforcement Response Flow Chart for C.4 Business Inspections or C.5 Illicit Discharge Inspections 343
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Figure 3. Enforcement Response Flow Chart for C.6 Construction Site Stormwater Inspections 344
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5.0 Stormwater Inspections
This section describes the stormwater inspections that occur in the City for operations and maintenance (O&M) of stormwater treatment systems, industrial and commercial facilities, illicit discharges, and construction sites.

5.1 MRP Section C.3.h. – Operations and Maintenance Verification of Stormwater Treatment Systems
The MRP requires that an average of 20 percent, but no less than 15 percent, of Regulated Projects, offsite projects, or regional projects are inspected each year. All projects, including installed pervious pavement systems that total 3,000 square feet or more (with some exclusions), stormwater treatment systems, and hydromodification management (HM) controls, must be inspected at least once every five (5) years.

The Environmental & Sustainability Manager within the Environmental & Sustainability Division in the Public Works Department has the primary responsibility of ensuring all O&M verification inspections are completed. The City contracts with a consultant to complete the inspections. The consultant works with the Environmental & Sustainability Manager to determine the appropriate escalating enforcement response when needed. The City Manager is involved in situations that are escalated to an Administrative Citation.

In addition to the O&M inspections, Public Works Construction Inspectors inspect all stormwater treatment measures, hydromodification management measures, and pervious pavement systems that total 3,000 square feet or more. This inspection occurs at the completion of installation of the stormwater features, as required by the MRP.

5.2 MRP Section C.4 – Industrial/Commercial Facilities
As part of its Business Inspection Plan, the City updates and maintains a list of industrial and commercial facilities which could reasonably be considered to cause or contribute to pollution of stormwater runoff. These facilities are subject to a formal inspection. The City conducts approximately 125 inspections annually. As described in the City’s Business Inspection Plan, businesses are generally inspected once every 5 years. If an active non-stormwater discharge is observed during a formal inspection, the facility becomes a high priority and will be inspected on an annual basis. In addition, businesses that do not implement corrective actions in a timely manner become high priority and are inspected on an annual basis. The business is placed back in its regular, five-year inspection schedule once it has achieved compliance at least two years in a row.

The Environmental Technician within the Environmental & Sustainability Division in the Public Works Department has the primary responsibility of ensuring business inspections are conducted at all industrial and commercial sites which may be reasonably considered to cause or contribute to stormwater runoff pollution. The City contracts with a consultant to complete the business inspections. The consultant works with the Environmental Technician to determine the appropriate escalating enforcement response. As necessary, the Environmental Technician works 345
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with the Environmental & Sustainability Manager to resolve escalating enforcement issues. The City Manager is involved in situations that are escalated to an Administrative Citation.

5.3 MRP section C.5 – Illicit Discharge Detection/Elimination The Environmental & Sustainability Division within the Public Works Department is responsible for spill and discharge response, investigation, clean-up, follow-up, and record keeping of items that must be included in the annual stormwater report submitted to the Regional Water Board.

The illicit discharge investigation information is collected and stored as required in the MRP.

The Environmental & Sustainability Division utilizes assistance from various departments and agencies, as needed, including others in the Public Works Department, Community Development Department, Alameda County Fire Department, Dublin San Ramon Services District, Zone 7 Flood Control District, Alameda County Environmental Health, or other agencies as needed to fully perform its duties under this provision.

When the City receives a notification about an illicit discharge, the staff person who receives the call follows the procedures outlined in the City’s Spill and Discharge Response Plan. The Spill and Discharge Response Plan is updated periodically, as necessary.

5.4 MRP Section C.6 – Construction Site Control
The Public Works Department is responsible for implementing control programs at all construction sites and for conducting construction site inspections to prevent discharge of pollutants from construction sites. The Public Works Inspectors conduct the inspections at construction sites. These inspectors respond to any violations observed at a construction site and issue appropriate enforcement responses. The Public Works Inspectors work with the City Engineer and/or Principal Engineer on resolving violations that require escalated enforcement action, such as an Administrative Citation or Stop Work Order.

The Public Works Inspectors have the authority to require that all active construction sites maintain effective good housekeeping practices, erosion control, run-on and runoff control, sediment control and active treatment systems for good site management and non-storm-water management through all phases of construction year-round.

Construction sites within the City are monitored daily by the City’s Public Works inspectors.

The inspectors enforce the Stormwater Pollution Prevention Plan (SWPPP) for the construction site in addition to Conditions of Approval and the City’s Subdivision Ordinance, all of which require erosion control.

Pursuant to the requirements of the MRP, an inspection form for each construction site is filled out once a month during the rainy season (October – April). The inspection data and findings are collected and consolidated as required in the MRP. In instances where a potential or actual nonstormwater discharge is observed, the inspector conducts follow-up inspections and ensures that corrective actions have been completed in a timely manner as prescribed. 346
11 Revised May 2023

5.5 MRP C.10 - PLDA Inspections
The Environmental & Sustainability Division in the Public Works Department is responsible for implementing the City’s Private Land Drainage Area (PLDA) inspection program. The City contracts with a consultant to complete the on-going PLDA inspections, which include on-land visual trash assessments (OVTAs). These inspections, at PLDAs identified in the City’s PLDA inventory, are to demonstrate compliance with MRP Provision C.10.a.ii.(b) to ensure PLDAs are full capture equivalent. In instances where a PLDA receives an OVTA score of B, C or D (i.e. significant trash generation), the inspector conducts a follow-up inspection and ensures that trash management corrective actions have been completed in a timely manner as prescribed. The consultant works with the Environmental & Sustainability Manager to resolve escalating enforcement issues. The City Manager is involved in situations that are escalated to an Administrative Citation.

PLDA trash inspection is completed in the Clean Water Program ArcGIS on-line platform.

6.0 Joint Compliance Inspections
In some situations, it is appropriate to carry out joint compliance inspections with other agencies because of the nature of the issues involved or because there are on-going or repeat compliance issues which may benefit from the enforcement options provided by other environmental statutes. Using the results of a joint compliance inspection, the regulatory agencies will be able to decide how to achieve compliance most efficiently.

The City of Dublin is most likely to conduct joint compliance inspections with the Dublin San Ramon Services District (DSRSD) or Zone 7 Flood Control District. The contact information follows:
• DSRSD Administrative Offices – 7051 Dublin Blvd., Dublin, CA 94568, 925-828-0515 • DSRSD Wastewater Treatment Plant – 7399 Johnson Drive, Pleasanton, CA 94588, 925- 8464565
• Zone 7 Water Agency – 100 North Canyons Parkway, Livermore, CA 94551, 925-454- 5000
The City may also perform a joint inspection with the Regional Water Board for construction sites under the Statewide Construction Stormwater General Permit and industrial facilities under the Statewide Industrial Stormwater General Permit.

7.0 Enforcement Response Protocol
NOTE: The table below is for illustrative purposes only. The actual and specific enforcement action taken will be a case-by-case determination and will depend on the factors described in Section 4 above. The enforcement response flow charts provided in Figures 1through 3 outline the process for responding to violations and escalating enforcement. 347
12 Revised May 2023
Verbal Warning
This is an informal notification of a minor housekeeping issue. A verbal warning will usually precede a written warning. Verbal warnings are issued in instances where the person who has local control is onsite (e.g., the property manager or owner) and there is not an immediate threat of a discharge, (e.g., a BMP is easily corrected).

MRP
Provision
Nature of the Violation Authorized
Enforcement Official
Provision
C.3.h.ii.(7)
• First-time violations.
• Minor amounts of trash in treatment areas.
• Small amount of sediment accumulation at inlets.

Environmental
Coordinator,
Environmental
Technician,
Environmental &
Sustainability Manager,
Public Works Inspector,
Contract inspectors
Provision
C.4.c
• First-time violations.
•Inappropriate storage of material out-of-doors that may contribute to pollutants in stormwater during rainfall, such as lids on dumpster being left open.
• Storage of equipment outside of a building during the dry season. • Small amount of trash or debris observed during the initial inspection. •Any issues with BMPs that can impact stormwater quality and can be corrected within a short period of time without much effort.

Environmental
Coordinator,
Environmental
Technician,
Environmental &
Sustainability Manager,
Contract inspectors
Provision
C.5.b
• First-time violations.
•A wash area is present where wash waters may flow to the storm drain system based on the configuration, operational procedures, or evidence of a possible discharge.
• Overflowing drip pan where the discharge does not reach the storm drain.

Environmental &
Sustainability
Manager,
Environmental
Coordinator,
Environmental
Technician, City staff
trained on spill
response procedures,
Contract inspectors
Provision
C.6.b
• First-time violations.
• Inadequate BMPs to control sediment or pH, where no discharge has occurred.
• Failure to maintain an updated erosion control plan that reflects current conditions at a construction site.

Public Works Inspector
Provision
C.10.a.ii.b.
• First-time violations.
• Small amount of trash or debris observed during initial inspection. • Any issues with BMPs that can impact stormwater quality and can be corrected within a short period of time without much effort (e.g., dumpster does not have lid, minor amount of litter in common areas, etc.).

Environmental
Coordinator,
Environmental
Technician, Environmental
& Sustainability Manager,
Contract inspectors
348
13 Revised May 2023
Written Warning
This is an information notification of a minor housekeeping issue. A written warning is issued if the response to a verbal warning is inadequate or if the person with authority to correct the violation is not on-site. A written warning may be in the form of a written inspection report or checklist that describes violations, expected corrections, and provides a schedule for correction.

MRP
Provision Nature of the Violation AuthorizedEnforcement Official Provision
C.3.h.ii.(7)
• First-time violation if the person who has local control is not on-site (e.g., property manager).
• Structural repairs are needed (i.e., rodent holes need to be addressed, erosion and scouring are evident, standing water is evident, etc.).
• More intensive maintenance is required (i.e., plants need replacement, weeding necessary, etc.).

Environmental
Coordinator,
Environmental
Technician,
Environmental &
Sustainability Manager,
Contract inspectors
Provision
C.4.c
• First-time violation if the person who has local control is not on-site (e.g., property manager).
• Failure to respond to verbal warning.
• Incidents when BMPs implemented have failed or if BMPs are not being followed, e.g., equipment maintenance not being performed routinely and resulting in potential stormwater violations.
• Lack of an emergency response plan.

Environmental
Coordinator,
Environmental
Technician,
Environmental &
Sustainability Manager,
Contract inspectors
Provision
C.5.b
• A non-stormwater discharge specifically prohibited by MRP Section A.1. • Failure to monitor and report an exempt or conditionally exempt nonstormwater discharge under MRP Provision C.15. • A non-stormwater discharge that is not specifically allowed by the City but might be if adequate documentation and procedures had been followed to verify the adequate control of pollutants and obtain necessary approvals.

Environmental &
Sustainability Manager,
Environmental
Coordinator,
Environmental
Technician, City staff
trained on spill response
procedures, contract
inspectors
Provision
C.6.b
• First-time violation if the person who has local control is not on-site (e.g., contractor).
• Failure to respond to verbal warning.
• Failure to keep a copy of the Stormwater Pollution Prevention Plan at the construction site.
• BMPs inadequate to control sediment runoff from a construction site.

Public Works Inspector
Provision
C.10.a.ii.b.
• First-time violation if the person who has local control is not on-site (e.g., property manager).
• Failure to respond to verbal warning.
• Incidents when trash management BMPs implemented have failed or if BMPs are not being followed.

Environmental
Coordinator,
Environmental
Technician, Environmental
& Sustainability Manager,
Contract inspectors
349
14 Revised May 2023
Administrative Order – Cease and Desist
A Cease and Desist Order may be issued if a discharge has taken place or is likely to take place in violation of the City’s Stormwater Management and Discharge Control Ordinance (Dublin Municipal Code §7.74.210.A). A Cease and Desist Order requires a violator to (1) comply with the requirement; (2) comply with a time schedule for compliance; and/or take appropriate remedial or preventive action to prevent the violation from recurring.

MRP
Provision Nature of the Violation Authorized
Enforcement Official
Provision
C.3.h.ii.(7) n/a n/a
Provision
C.4.c
• Failure to respond to written warning.
• Repeated use of ineffective and inadequate BMPs to control the discharge of stormwater pollutants, which results in harm to the environment.
• Washing activities that have generated non-stormwater discharges but have not yet impacted nearby storm drains.
• Work activities that are required to be performed indoors being performed outside, e.g., auto body sanding, auto repair, car paint spraying, etc.
• Discharges of pollutants to paved surfaces, or potential discharges that would have entered a storm drain without intervention, failure to follow BMPs, or other incidents when a discharge of pollutants has not yet reached a storm drain catch basin.
• Conditions are observed that could impact stormwater quality or failure to follow required BMPs that could impact stormwater if not corrected before the next rain event.

Environmental
Coordinator,
Environmental
Technician,
Environmental &
Sustainability Manager,
Contract inspectors
Provision
C.5.b
• Failure to respond to written warning.
• Repeated illicit discharges.
• Discharge of non-stormwater discharges to MS4 that contain soap or pollutants.

Environmental &
Sustainability Manager,
Environmental
Coordinator,
Environmental
Technician, City staff
trained on spill response
procedures, contract
inspectors
Provision
C.6.b
• Failure to respond to written warning.
• Inadequate BMPs result in non-stormwater discharge to MS4.

Public Works
Inspector, City
Engineer or
her/his designee
Provision
C.10.a.ii.b
• Failure to respond to written warning.
• Repeated use of ineffective and inadequate BMPs to control the discharge of stormwater pollutants, which results in harm to the environment. May need to require installation of trash full capture device(s).

Environmental
Coordinator,
Environmental
Technician,
Environmental &
Sustainability
Manager, Contract
inspectors
350
15 Revised May 2023
Administrative Order – Notice to Clean
A Notice to Clean may be issued whenever oil, dirt, grass, weeds, waste, or any other material of any kind is left where it may result in an increase in pollutants entering the City’s MS4 or contribute to a nonstormwater discharge to the MS4. The Notice to Clean requires the removal of such material (Dublin Municipal Code §7.74.210.B).

MRP
Provision Nature of the Violation Authorized
Enforcement Official
Provision
C.3.h.ii.(7)
• Failure to respond to written warning.
• Repeat offenders.
•Excessive maintenance required (i.e. large amounts of sediment/debris impeding entry of stormwater into treatment area, overgrowth of weeds, etc.).

Environmental
Coordinator,
Environmental
Technician, Environmental
& Sustainability Manager,
Contract inspectors
Provision
C.4.c
• Failure to respond to written warning.
•Repeated use of ineffective and inadequate BMPs to control the discharge of stormwater pollutants, which results in harm to the environment.

Environmental
Coordinator,
Environmental
Technician, Environmental
& Sustainability Manager,
Contract inspectors
Provision
C.5.b
• Failure to respond to written warning.
• Repeated illicit discharges.
•Discharge of non-stormwater discharges to MS4 that contain soap or pollutants.
• Illicit discharge of hazardous materials of wastes.

Environmental &
Sustainability Manager,
Environmental
Coordinator,
Environmental
Technician, City staff
trained on spill response
procedures, contract
inspectors
Provision
C.6.b
• Failure to respond to written warning.
• Inadequate BMPs result in non-stormwater discharge to MS4.

Public Works Inspector,
City Engineer or her/his
designee
Provision
C.10.a.ii.b
• Failure to respond to written warning.
• Large amount of trash/litter onsite that must be cleaned/removed to control discharge of stormwater pollutants, which results in harm to the environment.

Environmental
Coordinator,
Environmental
Technician, Environmental
& Sustainability Manager,
Contract inspectors
351
16 Revised May 2023
Administrative Order – Stop Work Order
A Stop Work Order may be issued whenever work is being done contrary to the provisions of the City’s Grading Regulations (Dublin Municipal Code §7.16.790) or any other applicable law. Upon receipt of the order, all work must immediately stop until authorized by the Public Works Director to proceed with the work.

MRP
Provision
Nature of the Violation Authorized
Enforcement Official
Provision
C.3.h.ii.(7) n/a n/a
Provision
C.4.c n/a n/a
Provision
C.5.b n/a n/a
Provision
C.6.b.
• Failure to respond to written warning.
• Inadequate BMPs result in non-stormwater discharge to MS4.

Public Works Director
or his/her designee
Provision
C.10.a.ii.b. n/a n/a
352
17 Revised May 2023
Administrative Citation
Violations of the City’s Municipal Code (including Sections 7.16 Grading Regulations, 7.20 Watercourse Protection, and 7.74 Stormwater Management and Discharge Control) are subject to an administrative fine (Dublin Municipal Code § 1.06.010(B)). A person issued an Administrative Citation may be assessed fines as described in California Government Code Section 36900 ($100 for a first violation, $200 for a second violation within one year, $500 for each additional violation within a year).

MRP
Provision Nature of the Violation Authorized
Enforcement Official
Provision
C.3.h.ii.(7)
• Failure to respond to written warning.
•Serious violations, lack of compliance to previous enforcement actions or intentional non-compliance actions and repeated violations.

City Manager or his/her
designee1
Provision
C.4.c
• Failure to respond to written warning.
•Repeated use of ineffective and inadequate BMPs to control the discharge of stormwater pollutants, which results in harm to the environment.
•Serious violations, lack of compliance to previous enforcement actions or intentional non-compliance actions and repeated violations.

City Manager or his/her
designee1
Provision
C.5.b
• Failure to respond to written warning.
• Repeated illicit discharges.
•Serious violations, lack of compliance to previous enforcement actions or intentional non-compliance actions and repeated violations.

City Manager or his/her
designee1
Provision
C.6.b.
• Failure to respond to written warning.
• Inadequate BMPs resulting in non-stormwater discharge to MS4. •Serious violations, lack of compliance to previous enforcement actions or intentional non-compliance actions and repeated violations.

City Manager or his/her
designee1
Provision
C.10.a.ii.b
• Failure to respond to written warning.
•Repeated use of ineffective and inadequate BMPs to control the discharge of stormwater pollutants, which results in harm to the environment.
• Serious violations, lack of compliance to previous enforcement actions or intentional non-compliance actions and repeated violations.

City Manager or his/her
designee1
Notes:
1 Designee for issuing an administrative citation is an Enforcement Officer (§1.06.040). An Enforcement Officer is any Dublin employee, contractor, or agent of the city authorized by the City Manager. 353
18 Revised May 2023
Civil Action
Upon obtaining City Council approval, the City may bring a civil action to enforce any violation of the City’s Stormwater Management and Discharge Control Ordinance (§ 7.74) or Watercourse Protection (§7.20) and to abate, enjoin or otherwise compel the cessation of a public nuisance (Dublin Municipal Code §§ 7.74.280, 7.74.260, and Chapters 5.64.170 and 7.52). The City may seek any or all of the following remedies:

1. A temporary and/or permanent injunction;

2. Assessment of the violator for the City’s costs in investigating, inspecting or monitoring the violation and for the costs of preparing and bringing a legal action;

3. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation; and

4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life.

MRP
Provision Nature of the Violation Authorized
Enforcement Official
Provision
C.3.h.ii.(7)
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
• Violations that affect City’s ability to comply with the MRP.

City Attorney
Provision
C.4.c
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
• Violations that affect City’s ability to comply with the MRP.

City Attorney
Provision
C.5.b
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
• Violations that affect City’s ability to comply with the MRP. •Intentional discharge of hazardous waste to MS4.

City Attorney
Provision
C.6.b.
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
•Violations that affect City’s ability to comply with the MRP.

City Attorney
Provision
C.10.a.ii.b
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
• Violations that affect City’s ability to comply with the MRP.

City Attorney
354
19 Revised May 2023
Criminal Prosecution
Violations of the City’s Stormwater Management and Discharge Control Ordinance (Dublin Municipal Code §7.74.13) and other provisions of the City’s Municipal Code are subject to misdemeanor prosecution (Chapter 1.04.030 Violations as misdemeanors or infractions – Penalties). The City may also refer the matter to the County District Attorney upon obtaining City Council approval.

MRP
Provision Nature of the Violation AuthorizedEnforcement Official Provision
C.3.h.ii.(7)
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
• Violations that affect City’s ability to comply with the MRP.

City Attorney or
District Attorney
Provision
C.4.c
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
• Violations that affect City’s ability to comply with the MRP.

City Attorney or
District Attorney
Provision
C.5.b
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
• Violations that affect City’s ability to comply with the MRP. • Intentional discharge of hazardous waste to MS4.

City Attorney or
District Attorney
Provision
C.6.b.
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
• Violations that affect City’s ability to comply with the MRP.

City Attorney or
District Attorney
Provision
C.10.a.ii.b
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
•Intentional or egregious violations that have impacted the City of Dublin storm drain system.
• Violations that affect City’s ability to comply with the MRP.

City Attorney or District
Attorney
355
20 Revised May 2023
Referral to and Coordination with the Regional Water Quality Control Board In cases where the above enforcement tools are inadequate to remedy the noncompliance, the City may refer the matter to the Regional Water Board for administrative enforcement, which may include imposition of civil penalties.

MRP
Provision Nature of the Violation AuthorizedEnforcement Official Provision
C.3.h.ii.(7)
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
• Failure to take corrective action to implement effective BMPs. • Violations that affect City’s ability to comply with the MRP.

City Manager or his/her
designee
Provision
C.4.c
• Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
• Failure to take corrective action to implement effective BMPs. • Violations that affect City’s ability to comply with the MRP.

City Manager or his/her
designee
Provision
C.5.b
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
• Failure to take corrective action to implement effective BMPs. • Violations that affect City’s ability to comply with the MRP. • Discharge of hazardous waste to MS4.

City Manager or his/her
designee
Provision
C.6.b.
•Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
• Failure to take corrective action to implement effective BMPs. • Violations that affect City’s ability to comply with the MRP.

City Manager or his/her
designee
Provision
C.10.a.ii.b
• Pursue for the most serious violations including where the response to previous enforcement actions is inadequate.
• Failure to take corrective action to implement effective BMPs. • Violations that affect City’s ability to comply with the MRP.

City Manager or his/her
designee
Supplemental Enforcement Responses
Permit Suspension or Revocation – A grading permit may be suspended or revoked for good cause (Dublin Municipal Code §7.16.740).

MRP
Provision Nature of the Violation
Authorized
Enforcement
Official
Provision
C.3.h.ii.(7) n/a n/a
Provision
C.4.c n/a n/a
Provision
C.5.b n/a n/a
Provision
C.6.b.
• Failure to take corrective action to implement effective BMPs. • Violations that affect City’s ability to comply with the MRP.

Public
Works Director
or his/her
designee
Provision
C.10.a.ii.b n/a n/a
356
Attachment B
On-land Visual Trash Assessment Protocol for Stormwater, Protocol C – Area Based Survey 357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372

APPENDIX B

EXAMPLE FIELD FORM FOR ESTABLISHING BASELINE TRASH LEVELS 373
OVTA Data Collection Form Area Based Surveys Baseline Trash Generation 374
375
376

APPENDIX C

EXAMPLE FIELD FORM FOR ASSESSING CHANGES IN TRASH LEVELS 377
378
Attachment C
Standard Contractor Services Agreement
Attachment to RFP Removed for July 16th, 2024 Council Meeting. 379
Prepared By:

CSW/Stuber-Stroeh Engineering Group
Julia Harberson, PE, QSP/QSD
5870 Stoneridge Mall Road
Suite 203
Pleasanton, CA 94588
(415) 884-6459
[email protected]
May 6, 2024
Statement of Qualifications to Provide:

MUNICIPAL REGIONAL

STORMWATER NPDES PERMIT

INSPECTIONS AND

ILLICIT DISCHARGE RESPONSE

SERVICES
Attachment 4
380

TABLE OF CONTENTS
Cover Letter. . . . . . . . . . . . . . . .1
SOQ/Relevant Experience. . . .2
References. . . . . . . . . . . . . . . . .6
Firm Bio/Project Team. . . . . . .7
Our Approach. . . . . . . . . . . . . .8
Sample Work Flow. . . . . . . . . .9
Project Schedule. . . . . . . . . . . 12
Project Budget. . . . . . . . . . . . 13
Fee Schedule. . . . . . . . . . . . . . 14
Appendix . . . . . . . . . . . . . 15
Resumes. . . . . . . . . . . . . . . . . . 16
381
5870 STONERIDGE MALL ROAD SUITE 203 | PLEASANTON, CA 94588 | P 415.533.1864 May 6, 2024
Shannan Young,Environmental & Sustainability Manager
City of Dublin, Public Works Department
100 Civic Plaza, Dublin, CA 94568
SUBJECT: PROPOSAL TO PROVIDE MUNICIPAL REGIONAL STORMWATER NPDES PERMIT

INSPECTIONS AND ILLICIT DISCHARGE RESPONSE SERVICES
Dear Ms Young:

Since 2019, our team has provided support to Dublin on multiple projects. We grasp the impact that the city’s rapid development, regulatory shifts, and staffing hurdles have had on the City. Based in Pleasanton, our team comprises civil engineers, surveyors, urban planners, and landscape architects.

We’re equipped to assist the City in compliance with the Municipal Regional Stormwater NPDES Permit Order No. R2-2022-0018 (MRP) inspections requirements.

The MRP, reissued on May 11, 2022 as Order No. R2-2022-0018, requires the Alameda Countywide Clean Water Program, for which the City is a part, to reduce the discharge of pollutants to the San Francisco Bay. CSW|ST2 is grateful for the opportunity to offer our regulatory inspection services to support the City’s conformance to the Municipal Regional Stormwater NPDES Permit Order No.

R2-2022-0018 (MRP) C.3, C.4 and C.10 and Illicit discharge and spill response services.

As instructed in the Request for Qualifications:
• Robert Stevens is the president of CSW/ST2 and is authorized to commit the firm to the City. His contact information is 415.533.1864 and [email protected]. Furthermore, he can be reached by mail at the address on this correspondence;
• We accept the City’s Standard Consulting Agreement and meet the insurance requirements; • Our firm has no conflict of interest with clients doing business in Dublin or within Alameda County. • CSW/ST2 will not subcontract any services associated with this contract, and we will obtain approval for all future changes to work assignments.

We have reviewed the Addendum, posted on 4/17/2024. If we can provide any additional information, please contact Julia at 415.884.6443 or [email protected].

Sincerely,
CSW/Stuber-Stroeh Engineering Group, Inc.

Julia Harberson Robert Stevens, PE, TE
Project Manager Principal
382
2 | CITY OF DUBLIN
Between 2013 and 2017 CSWST2 assisted the San Mateo Community College District, the Foothill DeAnza Community College District and the Solano Community College District with developing district-wide storm water management programs. The programs covered multiple campuses and, while not required by the State, were written to align with Section F of the Statewide Phase II Small Municipal Separate Storm Sewer System (MS4) Program. The district-wide programs included storm sewer system mapping, programming for staff pollution prevention and good housekeeping, an outline for public involvement and participation, and programming for illicit discharge detection and elimination. Additionally programs were outlined for pollution prevention for district construction projects as well as low impact development criteria for campus development projects.

COMMUNITY COLLEGE STORM WATER MANAGEMENT

PROGRAMS, MULTIPLE DISTRICTS
Status:
2013 - 2017
Key Features:

Storm Sewer System
Mapping, Illicit
Discharge Detection
and Elimination,
Programming, Pollution
Prevention for District
Construction Projects
Low Impact
Development Criteria

RELEVANT EXPERIENCE
383
STORMWATER NPDES INSPECTION SERVICES | 3
Planners and developers completed the culvert in the early 1930’s, which commences at the University of California campus just east of Oxford Avenue and flows west to the San Francisco Bay. In recent years, segments of the culvert have collapsed causing sinkholes and damaging property. Serving a drainage area of about 1,163 acres, with a 100-year flow of about 874 cubic feet per second, blockage of the culvert could be catastrophic for the Berkeley Community.

In 2022, the City retained CSW/ST2 to locate the alignment of the culvert and determine where it lies within City and private property. For the segments within the public right of way, we competed an assessment of the culvert in accordance with the American Concrete Institute’s 201.1R “Guide for Making a Condition Survey of Concrete Service.” The evaluation confirmed the extent of scaling as well as cracking, delamination, and spalling of the concrete within the culvert. The results found areas of distress in the concrete that without repair, could cause further deterioration and potential collapse of the culvert.

In summer 2023, we commenced materials testing of segments of the culvert which included taking samples of the concrete to test for compressive strength, petrographic analysis to determine the integrity of concrete, and GPR mapping to validate the presence of reinforcement steel.

Our team developed plans to repair the existing culvert by completing spot repairs of the concrete and applying a sprayable fiber reinforced geopolymer mortar over the inside of culvert within the public right of way. We are currently working with the RWQCB, Corps of Engineers, and Department of Fish and Wildlife to secure permits for the work anticipated to commence in the summer of 2024.

STRAWBERRY CREEK CULVERT REPAIR, CITY OF BERKELEY
Status:
2022 - Current
Key Features:

Underground surveying
Culvert assessment
Hudraulic analysis
Environmental
permitting
Key Reference:

Srinivas Muktevi, PE
Associate Civil Engineer
2180 Milvia Street
Berkeley, CA 94704
510.981.6402
smuktevi@
cityofberkeley.info

RELEVANT EXPERIENCE
384
4 | CITY OF DUBLIN

RELEVANT EXPERIENCE
The City of San Rafael continuously repairs portions of 2nd Street in San Rafael which subsides over a large diameter storm drain culvert which crosses under multiple roadways. The concrete reinforce culvert varies from 96” to 128” and helps provide flood protection during the wet weather season.

Working with Public Works Department staff, CSW/ST2 found a failed portion of the culvert underlying the subsiding street segment. To mitigate this failed portion of culvert, a reinforced concrete patch at the top of the culvert was designed. To avoid permitting and mitigation requirements from the resource agencies, construction access to the culvert is proposed through the roadway.

SECOND STREET STORM DRAIN & CULVERT REPAIR,

CITY OF SAN RAFAEL
Status:

PS&E completed 2020
Key Reference:

April Miller, PE
Public Works Director
111 Morphew Street
San Rafael, CA 94901
415.485.3409
april.miller@
cityofsanrafael.org
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STORMWATER NPDES INSPECTION SERVICES | 5

RELEVANT EXPERIENCE

PORT OF RICHMOND STORM DRAIN
REPAIRS Our team has acted as the contract
Port Engineer for the Port of Richmond since
2011. In this capacity, we have supported the
replacement of storm drain pipelines at the
Point Potrero Terminal. Henry Kaiser original
constructed this terminal in 1942 to support
the construction of Liberty and Victory Ships
in response to World War II. Much of the
underground infrastructure is in poor condition
creating sinkholes within the 130-acre facility.

Our team was responsible for mapping
the storm drain system, assessing pipeline
conditions, and developing a plan for its
restoration.

As much of the shipyard is located within
an environmental cap, we have repaired the
storm drain system using trenchless methods
including installed cured in place pipe liner
and pulling high density polythene lines within
existing corrugated metal pipes. To repair
sinkholes, we have used various polyurethan
injection grouting strategies. Currently about
50% of the pipelines have been restored with
the remainder expected within the next decade.

MILLER AVENUE, MILL VALLEY For the
rehabilitation of Miller Avenue, which is the
key arterial roadway to Mill Valley, our team
completed repair of storm drains using slip
lining. Many of the culverts were corrugated

OTHER STORM DRAIN INFRASTRUCTURE EXPERIENCE
metal outfalls to the Richardson Bay and
were in poor condition. We coordinated the
repair with the tides to minimize the need for
dewatering operations.

MARTIN CANYON CREEK FLOOD DAMAGE
REPAIR, DUBLIN Martin Canyon Creek is a
small tributary that serves a watershed of about

1.08 square miles in Dublin. During the 2022/
2023 storms, intense rainfall caused a debris
flow to partially block a downstream culvert at
Silvergate Drive. The City received emergency
funding from the Office of Emergency Services
to assess the condition and make repairs. As
part of our on-call agreement, our team is
supporting the City in assessing conditions,
developing a repair recommendation, and
supporting permitting. Our team has
completed an initial assessment of the creek
and suspect that measures installed in the
late 1990’s by residential developers designed
to promote equilibrium in the slope were
inadequate for the storm event that occurred.

We are currently evaluating options to stabilize
the creek as well as remove sediment and
debris.
386
6 | CITY OF DUBLIN
City of Berkeley
1947 Center Street
Berkeley, CA 94704
Srinivas Muktevi, PE Supervising
Civil Engineer 510.981.6402
[email protected]
We have supported the
engineering team in delivering
public drainage improvements
along Wildcat Canyon Road,
and the Strawberry Creek
Culvert study. Our team will
also be supporting the City with
regulatory inspections.

County of San Mateo
Parks Department
455 County Center, 4th Flr
Redwood City, CA 94063
Mario Nastari
Park Ranger
650.599.1352
[email protected]
CSW/ST2 is currently providing
design, surveying, and bidding
support to Parks on the new
Tunitas Creek Beach County
Beach in Half Moon Bay.

City of Dublin
100 Civic Plaza
Dublin, CA 94568
Laurie Sucgang, PE
Assistant Public Works Director
925.833.6630
[email protected]
CSW/ST2 is providing on-call
surveying support to the City.

REFERENCES
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STORMWATER NPDES INSPECTION SERVICES | 7
Established in 1954 and
headquartered in Marin
County, the CSW/Stuber-Stroeh Engineering
Group is a full-service design firm consisting of
over 45 civil and traffic engineers, land planners,
landscape architects, and surveyors. Our team
focuses on the design of economically and
environmentally sustainable projects serving
the transportation, urban infill, recreation,
education, private and public infrastructure
sectors. Our philosophy centers on partnering
with our clients and their stakeholders to
develop realistic and attainable solutions to our
world’s infrastructure challenges. The office that
will support the City is located within the City of
Pleasanton at 5870 Stoneridge Mall Road, Suite
203.

Based in Pleasanton, CSW/ST2 is a small local
and emerging firm with 40 staff members that
has served California for 70 years. Working
collaboratively, our team has the experience,
resources, and capacity to support the City’s
needs.

PROJECT MANAGEMENT AND DELIVERY
Julia Harberson will be the project
manager responsible for all inspections and
documentation and act as the primary point of
contact. She has experience in regulated project
design and inspection throughout the bay area.

She is currently working with the City of Berkeley
to assist with their NPDES Permit inspections.

Robert Stevens will be the Principal-in-Charge
for the overall support engagement. He has over
20 years of experience in supporting cities with
staff augmentation and regulatory conformance.

Kristine Pillsbury will be the oversight
inspector responsible for overseeing and
documenting the inspections. She has significant
experience in regulated project design and
inspection throughout the bay area. She is
currently working with the City of Berkeley to
assist with their NPDES Permit inspections.

AVAILABILITY
Project team resumes are located in the
appendix
Name/Role Percent
Available
Existing
Committed
Hours for
Q3 & Q4
2024
Julia Harberson
Project Manager 10% 32 hours
Robert Stevens
Principal-in-Charge 35% 26 hours
Kristine Pillsbury
Oversight Inspector 50% 20 hours

FIRM BIO / PROJECT TEAM
388
8 | CITY OF DUBLIN
The State of California began requiring actions
to prevent or manage the impacts of urban
runoff in 1990. The City of Dublin is subject to
the requirements described in the Municipal
Regional NPDES Permit (MRP), which was
recently adopted by the San Francisco Bay
Regional Water Quality Control Board (Regional
Water Board) and became effective on July 1,
2022. The reissued permit applies to 79 cities,
towns, counties, and flood control agencies
that discharge stormwater to San Francisco Bay,
collectively referred to as Permittees. The City of
Dublin participates in the Alameda Countywide
Clean Water Program to coordinate stormwater
management activities and implements some of
the requirements in MRP at the countywide level
on behalf of Permittees. The Regional Water
Board’s authority to issue the MRP is derived
from the U.S. Environmental Protection Agency’s
National Pollutant Discharge Elimination
System (NPDES), which was developed under
the Federal Clean Water Act and implemented
by the State of California. The Permit requires
the reduction of key pollutants, which include
trash, sediment, mercury, polychlorinated
biphenyls or PCBs, and others, in stormwater.

The Permit also requires the implementation of
urban runoff controls for land development and
redevelopment projects, inspection programs
for businesses and construction sites, education
and outreach, and monitoring water quality
and the effectiveness of these actions. City staff
report annually to the Water Board, as required
by the permit, on the actions, inspections,
outreach, plans, and achievements made in
compliance with the regulations.

We have developed a work plan to support the
goals of the RFP. Our work plan features the
following elements to successfully support the
city’s conformance with the MRP:

1. COMMUNICATION The communication
conduit with the City will be Julia Harberson.

This single point of contact eliminates possible
misunderstandings and duplication of effort.

2. DOCUMENTATION We will prepare
the report documents outlined in the RFP.

Additionally, we will prepare a formal report
monthly to the City regarding schedule and
status updates. The report will highlight items
requiring feedback from the City.

3. OWNER/OPERATOR COORDINATION
As directed by the City, our team will actively
coordinate with the owner/operators via US
mail, electronic and in person. Coordination will
include setting inspections and, if necessary,
re-inspections, corrective actions, as well as
annual documentation reports.

OUR APPROACH
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STORMWATER NPDES INSPECTION SERVICES | 9

SAMPLE WORK FLOW
CSWST2 is a full service firm in the discipline
of stormwater compliance. Our team provides
inspection and field review services for various
municipal and private needs including, but
not limited to, pollution prevention and
discharge compliance, channel and pipeline
investigation and assessment, and construction
of stormwater low impact development (LID)
improvements. We provide infrastructure
and landscape design for LID improvements
and preparation of documents for sizing, and
operation and maintenance (O&M) manuals
and agreements. Our experience includes the
development of stormwater management
programs for non-traditional small municipal
separate storm sewer systems (MS4) to assist
with asset management and mapping, MS4
system operation, maintenance and inspection,
programming for illicit discharge detection and
elimination, and programming for low impact
development requirements and construction
stormwater pollution prevention requirements
within the lands of the small MS4. From our
experience we have developed the following
work plan.

TASK 1 NPDES ADMINISTRATION

1.1 ANNUAL PROJECT KICK-OFF Our team
will meet with City staff to review the inspection
goals, our proposed schedule, and review
existing documentation.

1.2 DEVELOP SITE MATRIX/UPDATE SITE
MATRIX We will utilize the list of regulated
projects provided by the City to create a matrix
to track project progress annually. We will
provide the City with the matrix at the end
of each contract year. This document will be
utilized to track inspection and documentation
history. The matrix will include tracking of the
annual operations and maintenance (O&M)
inspection reports, in accordance with the
owner/operators’ Stormwater Management
Maintenance Agreements. The matrix will also
identify regulated projects that require more
than one type of inspection (i.e. C.4 general
business inspection and C.3 O&M inspections
and/or a C.10 private land drainage (PLDA)
area inspection). Regulated projects or parcels
requiring multiple inspection types, will be
identified and every effort will be made to
combine the inspections to reduce redundant
effort.

1.3 INSPECTION PLAN We will update the
5-year inspection plan utilizing the information
provided in the Clean Water Program
ArcGIS On-Line database and will meet the
requirements of the MRP. We will also submit
an annual inspection plan to the City for review
and approval, identifying current site contacts
and reviewing the CWP database to ensure the
5-year plan is up to date.

1.4 IDENTIFY REGULATED PROJECTS At
the start of each year, our team will identify 25%
of regulated projects to inspect. Initiating the
inspection process on 25% of regulated projects
will insure that at least 20% of regulated projects
will be inspected with in the annual inspection
period.

OUR APPROACH
390
10 | CITY OF DUBLIN
1 .5 MEETINGS CSW/ST2 will meet with the City
monthly to review project status and progress.

TASK 2 1ST REGULATED PROJECT SITE INSPECTIONSS

2.1 OUTREACH TO OWNER/OPERATORS
Our team will contact the regulated project
owner/operators in methods including US mail,
electronic and in person. Coordination will
include setting inspections and, if necessary,
re-inspections, corrective actions, as well as
annual documentation reports. Outreach during
this phase will include:

A. For regulated project identified for inspection
in task 1.4, to schedule inspections of the parcel.

B. For all regulated projects, if necessary, status
of the Owner/Operator Annual O&M Inspection
Reports.

2.2 1ST INSPECTION We will perform initial
inspections of regulated projects identified
in task 1.4. Note we will combine inspections
for parcels requiring more than one type (i.e.

C.4 general business inspection and C.3 O&M
inspections and/or a C.10 PLDA inspection).
2 .3 DOCUMENTATION Our team will prepare
documentation necessary to conform to the
MRP for C.4 general business inspection, C.3
O&M inspections and C.10 PLDA Inspection.

Documentation could include:

A. Inspection Reports (utilizing Alameda
Countywide Clean Water Program Arc GIS
On-line field application)
B. Notice of Violation
C. Re-inspection requirement notice
D. Stormwater Multiple Application and Report
Tracking System (SMARTS)
2 .4 MEETINGS CSW/ST2 will meet with the city
monthly to review project status and progress.

We will provide a monthly summary report of all
tasks completed each month.

TASK 3 2ND & 3RD REGULATED PROJECT SITE INSPECTIONS
3 .1 OUTREACH TO OWNER/OPERATORS
Our team will contact the regulated project
owner/operators in methods including US mail,
electronic and in person. Coordination will
include setting inspections and, if necessary,
re-inspections, corrective actions, as well as
annual documentation reports. Outreach during
this phase will include:

A. For regulated project identified for
re-inspection in task 2.3, to schedule 2nd
inspection of the parcel.

B. For all regulated projects, if necessary, status
of the Owner/Operator Annual O&M Inspection
Reports.
3 .2 2ND & 3RD INSPECTION We will perform
initial inspections of regulated projects identified
in task 1.4. Note we will combine inspections
for parcels requiring more than one type (i.e.

C.4 general business inspection and C.3 O&M
inspections and/or a C.10 PLDA inspection).
3 .3 DOCUMENTATION Our team will prepare
documentation necessary to conform to the
MRP for C.4 general business inspection, C.3
O&M inspections and C.10 PLDA Inspection.

Documentation could include:

OUR APPROACH
391
STORMWATER NPDES INSPECTION SERVICES | 11
A. Inspection Reports (utilizing Alameda
Countywide Clean Water Program Arc GIS
On-line field application)
B. Notice of Violation
C. Re-inspection requirement notice
D. SMARTS
3 .4 MEETINGS CSW/ST2 will meet with the city
monthly to review project status and progress.

We will provide a monthly summary report of all
tasks completed each month.

TASK 4 ILLICIT DISCHARGE AND SPILL RESPONSE ASSISTANCEE CSW/ST2 has developed the following work plan
to address illicit discharge and spill response
requirements in the MRP. By addressing these
aspects within the scope of work, the City can
effectively manage illicit discharge incidents
and minimize their environmental and public
health impacts. We will utilize the City’s Spill
and Discharge Response Plan to perform the
following scope. Once an illicit discharge or spill
is detected and our team is notified, we will
initiate the following tasks.
4 .1 INVESTIGATION AND SOURCE
IDENTIFICATION The City will have after-hours
contact information for our principal-in-charge,
project manager, and oversight inspector. Upon
notification that an incident has occurred which
requires response, a qualified inspector of our
team will be ready to obtain the appropriate field
forms, any available improvement plans and/
or GIS information identifying the location of
storm drains in the immediate area. They will be
ready to conduct a thorough investigation of the
discharge/spill location to determine the source
and nature of the discharge. This may involve
collecting samples of the discharged material,
inspection of nearby and downstream facilities
or infrastructure, and interviews with relevant
stakeholders. Material samples will collected
and stored in appropriate containers that our
inspector will have on hand as part of their
field equipment. Our inspector will transport
the samples to the laboratory in an expedient
and safe manner, following chain of custody
requirements, for analysis. We assume the
City will perform or contract the testing of the
samples and provide the data to our team.
4 .2 CONTAINMENT AND MITIGATION
After consulting with City staff regarding the
level of involvement required for the incident
at hand, the inspector will be ready to develop
action plans and assist with spill containment,
and/or assist with record keeping and timetracking. This could include advising to deploy barriers, divert contaminated water, or implement
temporary measures to stop the discharge until
a permanent solution can be implemented and/
or documenting the progress and timing of
response as it occurs.
4 .3 CLEANUP AND REMEDIATION We
will assist the City in developing a cleanup
plan to remove pollutants from the affected
environment. The plan may include the
designation of specialized equipment, such
as absorbent materials or vacuum trucks, and
coordination with environmental agencies
to ensure proper disposal of contaminated
materials.

4.4 DOCUMENTATION Our inspector will use
the City’s Urban Runoff and Incident Report
form to record all activities related to the illicit
discharge response, including investigation
findings, containment and cleanup efforts, and
any enforcement actions taken.

OUR APPROACH
392
12 | CITY OF DUBLIN
ID Task Name Duration Start Finish
1 Municipal Regional Stormwater NPDES Permit
Inspections and Illicit Discharge Response Services
196 days Wed 1/1/25 Wed 10/1/25
2 1. NPDES Administration 39 days Wed 1/1/25 Mon 2/24/25 3 Notice to Proceed 0 days Wed 1/1/25 Wed 1/1/25
4 Annual Kick-off Meeting 0 days Thu 1/9/25 Thu 1/9/25
5 Develop Site Matrix 10 days Fri 1/10/25 Thu 1/23/25
6 Send Letters Owner/Operators for Annual O&M
Inspection Reports
14 days Fri 1/24/25 Wed 2/12/25
7 Develop 5-Year Inspection Plan per CWP ArcGIS
On-Line database
20 days Fri 1/24/25 Thu 2/20/25
8 Identify Regulated Projects for Inspection 1 day Fri 2/21/25 Fri 2/21/25 9 Status Meeting w/City (assume meetings occur monthly 1 day ) Mon 2/24/25 Mon 2/24/25 10 2. 1st Regulated Project Site Inspections 68 days Tue 2/25/25 Thu 5/29/25 11 Outreatch to Regulated Project
Owner/Operators for inspection appointments
20 days Tue 2/25/25 Mon 3/24/25
12 1st Regulated Project Site Inspections (assumes
7 sites inspected per 15 days) - 1st Inspections
must be completed by 5/15 of each year
45 days Tue 2/25/25 Mon 4/28/25
13 Documentation (inspection report, notice of
violation, re-inspection) - (documents will be
provided 3 business days after each inspection)
3 days Tue 4/29/25 Thu 5/1/25
14 Follow up with Owner/Operators for
outstanding Annual O&M Inspection Reports
15 days Thu 5/8/25 Wed 5/28/25
15 Status Meeting w/City (assume meetings occur monthly 0 days ) Thu 5/29/25 Thu 5/29/25 16 3. 2nd & 3rd Regulated Project Site Inspections 89 days Fri 5/30/25 Wed 10/1/25 17 Outreatch to Regulated Project
Owner/Operators for inspection appointments
20 days Fri 5/30/25 Thu 6/26/25
18 2nd Regulated Project Site Inspections
(assumes 5 sites inspected per 10 days)
20 days Fri 6/27/25 Thu 7/24/25
19 Documentation (inspection report, notice of
violation, re-inspection) - (documents will be
provided 3 business days after each inspection)
3 days Fri 7/25/25 Tue 7/29/25
20 Follow up with Owner/Operators for
outstanding Annual O&M Inspection Reports
15 days Wed 7/30/25 Tue 8/19/25
21 3rd Regulated Project Site Inspections (assumes
5 sites inspected per 10 days)
10 days Fri 8/1/25 Thu 8/14/25
22 Documentation (inspection report, notice of
violation, re-inspection) - (documents will be
provided 3 business days after each inspection)
3 days Fri 8/15/25 Tue 8/19/25
23 Status Meeting w/City (assume meetings occur monthly 1 day ) Wed 8/20/25 Wed 8/20/25 24 Annual Inspection Report 30 days Thu 8/21/25 Wed 10/1/25 1/1
1/9
5/29
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
2025
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Progress
Manual Progress