Agenda packet — Dublin City Council, July 16, 2024 (part 1 of 8)

July 16, 2024 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS City Council Chamber
Michael McCorriston, Mayor Dublin Civic Center
Dr. Sherry Hu, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Kashef Qaadri, Councilmember www.dublin.ca.gov
Janine Thalblum, Councilmember
Regular Meeting of the

DUBLIN CITY COUNCIL
Tuesday, July 16, 2024 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
CLOSED SESSION 6:00 PM
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures:
□ Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, July 16, 2024. Upon submission, you will receive Zoom link information from the City Clerk.

Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed.
□ Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.
□ When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.
1 July 16, 2024 Dublin City Council Regular Meeting Agenda 2 □ Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option.

CLOSED SESSION 6:00 PM
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
II. PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
III. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case
REGULAR MEETING 7:00 PM

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. REPORT ON CLOSED SESSION

3. PRESENTATIONS AND PROCLAMATIONS

3.1 Introduction of Garrison Commander of Parks Reserve Forces Training Area, Lieutenant Colonel Richard B. King and Command Sergeant Major Steven D. Lorey The City Council will introduce the new Garrison Commander of Parks Reserve Forces Training Area, Lieutenant Colonel Richard B. King and Command Sergeant Major Steven D. Lorey.

STAFF RECOMMENDATION:

Welcome the Garrison Commander, Lieutenant Colonel Richard B. King and Command Sergeant Major Steven D. Lorey.

Staff Report
Attachment 1 - Lieutenant Colonel Richard B. King Biography Attachment 2 - Command Sergeant Major Steven D. Lorey Biography

3.2 Introduction of Dublin Police Services Behavioral Health Unit Associate Therapist Shanel Perou
Dublin Police Services Behavioral Health Unit Associate Therapist Shanel Perou, who began working with Dublin Police Services on June 10, 2024, will be introduced to the City Council.

STAFF RECOMMENDATION:

Welcome Dublin Police Services Behavioral Health Unit Associate Therapist Shanel Perou.

Staff Report
2 July 16, 2024 Dublin City Council Regular Meeting Agenda 3

3.3 Employee Introductions
New City of Dublin Staff members, Brandon Harris, Management Fellow with the City Manager’s Office, and Yingru Huang, Summer Intern with the Parks and Community Services Department, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff members.

Staff Report

3.4 Update from Three Valleys Community Foundation
The City Council will receive an update from Kelly Bowers, Ed.D., CEO and President of Three Valleys Community Foundation.

STAFF RECOMMENDATION:

Receive the update.

Staff Report

3.5 Dublin Climate Challenge - Community Engagement with the Climate Action Plan 2030 and Beyond
The City Council will receive a presentation on community engagement with the Climate Action Plan 2030 and Beyond through the new Dublin Climate Challenge online platform.

STAFF RECOMMENDATION:

Receive the presentation.

Staff Report
Attachment 1 - Resolution 100-20 Adopting the City of Dublin Climate Action Plan 2030 and Beyond
Item 3.5 PowerPoint Presentation

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

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

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

5.1 Approval of the June 18, 2024 Regular City Council Meeting, June 25, 2024 Adjourned Regular City Council Meeting Minutes, and July 3, 2024 Special City Council Meeting Minutes
3 July 16, 2024 Dublin City Council Regular Meeting Agenda 4 The City Council will consider approval of the minutes of the June 18, 2024 Regular City Council Meeting, June 25, 2024 Adjourned Regular City Council Meeting, and the July 3, 2024 Special City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the June 18, 2024 Regular City Council Meeting, June 25, 2024 Adjourned Regular City Council Meeting, and July 3, 2024 Special City Council Meeting.

Staff Report
Attachment 1 - June 18, 2024 Regular City Council Meeting Minutes Attachment 2 - June 25, 2024 Adjourned Regular City Council Meeting Minutes Attachment 3 - July 3, 2024 Special City Council Meeting Minutes

5.2 Agreement for On-Call Surveying Services with Kier & Wright The City Council will consider approving an agreement for on-call surveying services with Kier & Wright.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement for On-Call Surveying Services with Kier & Wright.

Staff Report
Attachment 1 - Resolution Approving an Agreement for On-Call Surveying Services with Kier & Wright
Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement with Kier & Wright
Attachment 3 - Request for Qualifications - Surveying Services Attachment 4 - Statements of Qualifications - Surveying Services

5.3 Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in Salary for City Councilmembers
The City Council will consider adopting an ordinance revising the Dublin Municipal Code to provide for a salary adjustment for City Councilmembers following certification of the November 2024 General Municipal Election. The City Council waived the first reading and introduced the ordinance at the meeting on May 21, 2024. The City Council is now being asked to waive the second reading and adopt the ordinance.

STAFF RECOMMENDATION:

Waive the second reading and adopt the Ordinance Rescinding and Replacing Ordinance No. 6-82 Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council.

Staff Report
Attachment 1 - Ordinance Rescinding and Replacing Ordinance No. 6-82 Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council
Attachment 2 - Senate Bill 329
Attachment 3 - Government Code Section 36516
Attachment 4 - Dublin Municipal Code Section 2.08.020 and 2.08.040

5.4 Tract 8646, 8648, and 8671 Francis Ranch – Final Map Notice and Agreement for Long Term Encroachment for Landscape Features
The City Council will receive a notification of the City Engineer’s pending approval of the Final Maps for Tracts 8646, 8648, and 8671, Francis Ranch. The City Council will consider 4 July 16, 2024 Dublin City Council Regular Meeting Agenda 5 approving Agreements for Long Term Encroachment for Landscape Features for Tracts 8646, 8648, and 8671, Francis Ranch.

STAFF RECOMMENDATION:

Take the following actions: 1) Receive the notification; 2) Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8646, Francis Ranch; 3) Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8648, Francis Ranch; and 4) Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8671, Francis Ranch.

Staff Report
Attachment 1 - Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8646
Attachment 2 - Exhibit A to the Resolution - Agreement for Long Term Encroachment for Landscape Features for Tract 8646
Attachment 3 - Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8648
Attachment 4 - Exhibit A to the Resolution - Agreement for Long Term Encroachment for Landscape Features for Tract 8648
Attachment 5 - Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8671
Attachment 6 - Exhibit A to the Resolution - Agreement for Long Term Encroachment for Landscape Features for Tract 8671
Attachment 7 - Tract 8646 Final Map
Attachment 8 - Tract 8648 Final Map
Attachment 9 - Tract 8671 Final Map

5.5 Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 - Project Funding Agreements with Alameda County Transportation Commission and with Tri-Valley Transportation Council The City Council will consider approving project funding agreements with Alameda County Transportation Commission and the Tri-Valley Transportation Council to fund the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119, and approving a budget change.

STAFF RECOMMENDATION:

Take the following actions: 1) Adopt the Resolution Approving a Funding Agreement with the Alameda County Transportation Commission for the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119; 2) Adopt the Resolution 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; and 3) Approve the budget change.

Staff Report
Attachment 1 - Resolution Approving a Funding Agreement with the Alameda County Transportation Commission for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119
Attachment 2- Exhibit A to the Resolution - Funding Agreement No. A23-0038 with the Alameda County Transportation Commission
5 July 16, 2024 Dublin City Council Regular Meeting Agenda 6 Attachment 3 - Resolution Approving a 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
Attachment 4 - Exhibit A to the Resolution - Funding Agreement with the Tri-Valley Transportation Council
Attachment 5 - Tri-Valley Transportation Council Resolution No. 2023-10 Attachment 6 - Budget Change Form

5.6 2024 Utility Box Art Selection
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.

Staff Report
Attachment 1 - Utility Box Art Design Proposals from Recommended Artists Attachment 2 - Call for Artists Utility Box Design 2024

5.7 Acceptance of Cannabis Tax Fund Grant for a Checkpoint Command Vehicle and DUI Enforcement Program
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.

Staff Report
Attachment 1 - Resolution Confirming City of Dublin Participation in the California Highway Patrol Cannabis Tax Fund Grant Agreement
Attachment 2 - Exhibit A to the Resolution - CHP Cannabis Tax Fund Grant Program Application
Attachment 3 - Exhibit B to the Resolution - Intent to Award Cannabis Tax Fund Grant Program

5.8 Agreement for Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit Inspections and Illicit Discharge Response Services 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.

Staff Report
6 July 16, 2024 Dublin City Council Regular Meeting Agenda 7 Attachment 1 - Resolution Approving an Agreement for Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit Inspections and Illicit Discharge Response Services
Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement with CSW/Stuber-Stroeh Engineering Group
Attachment 3 - Request for Proposals - Municipal Regional Stormwater NPDES Permit Inspections and Illicit Discharge Response Services
Attachment 4 - Proposal - CSW/Stuber-Stroeh Engineering

5.9 Forest Park, CIP No. PK0322 - Approval of Plans and Specifications, Award of Contract to Suarez & Munoz Construction, Inc., and Approval of a Budget Change The City Council will consider approving the plans and specifications and awarding a construction contract to Suarez & Munoz Construction, Inc. for the Forest Park Project.

The project will construct a two-acre park located along Central Parkway, Pino Grande Road, Twain Harte Road, and Pandora Way. The City Council will also consider approving a budget change to increase the project funding.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Suarez & Munoz Construction, Inc. for the Forest Park Project, CIP No. PK0322, and approve the budget change.

Staff Report
Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to Suarez and Munoz Construction, Inc. for the Forest Park Project, CIP No.

PK0322
Attachment 2 - CIP No. PK0322
Attachment 3 - Bid Results
Attachment 4 - Budget Change Form

5.10 Citywide Bicycle and Pedestrian Improvements – Safe Routes to School Project, CIP No. ST0517 - Approval of Plans and Specifications and Award of Contract to FBD Vanguard Construction, Inc.

The City Council will consider approving the plans and specifications and awarding a construction contract to FBD Vanguard Construction, Inc. for the Citywide Bicycle and Pedestrian Improvements – Safe Routes to School Project. The project will install Rectangular Rapid Flashing Beacons and upgrades to existing curb ramps at the following locations: Amador Valley Boulevard/Burton Street, Central Parkway/Aspen Street, and Grafton Street/Antone Way. The project will also modify the traffic signal at Central Parkway/Hibernia Drive.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to FBD Vanguard Construction, Inc. for the Citywide Bicycle and Pedestrian Improvements – Safe Routes to School Project, CIP No. ST0517.

Staff Report
Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to FBD Vanguard Construction. Inc. for the Citywide Bicycle and Pedestrian Improvements - Safe Routes to School Project, CIP No. ST0517 Attachment 2 - CIP No. ST0517
7 July 16, 2024 Dublin City Council Regular Meeting Agenda 8 Attachment 3 - Location Map
Attachment 4 - Bid Results

5.11 Amendments to the Dublin Municipal Code to Add Chapter 4.50 (Sidewalk Vending) and Amend Section 5.100.090 (Merchandising, Advertising, and Signs – Prohibited Acts) (PLPA-2024-00049)
On June 25, 2024, the City Council considered amendments to the Dublin Municipal Code to regulate sidewalk vendors in accordance with SB 946. This includes adding Chapter

4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses) to establish regulations for sidewalk vendors, and amending Section 5.100.090 (Merchandising, Advertising and Signs— Prohibited Acts) to clarify that the City’s general restrictions on selling goods and services in City parks do not apply to sidewalk vendors. On June 25, 2024, the City Council waived the first reading and introduced the Ordinance amendments with an adjustment to the wording of Section 4.50.060(B) that has been incorporated and reflected in Attachment 1. The City Council is now requested to waive the second reading and adopt the proposed Ordinance.

STAFF RECOMMENDATION:

Waive the second reading and adopt the Ordinance Approving Amendments to the Dublin Municipal Code to Add Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses), and Amend Section 5.100.090 (Merchandising, Advertising and Signs— Prohibited Acts).

Staff Report
Attachment 1 -Ordinance Approving Amendments to the Dublin Municipal Code to add Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses), and Amend Section

5.100.090 (Merchandising, Advertising and Signs - Prohibited Acts) Attachment 2 - City Council Staff Report, dated June 25, 2024, Without Attachments

5.12 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from June 1, 2024 - June 30, 2024, totaling $14,352,606.97.

STAFF RECOMMENDATION:

Receive the report.

Staff Report
Attachment 1 - Payment Issuance Report for June 2024

6. PUBLIC HEARING

6.1 Dublin Fallon 580 Project (PLPA-2023-00033)
The City Council will consider a request by GH PacVest, LLC for the Dublin Fallon 580 Project. The proposal includes eliminating the Public/Semi-Public land use designation, converting 42.6 acres designated Open Space to Parks/Public-Recreation, establishing development standards for the future development of 238 residential units and up to 3,299,670 square feet of commercial/campus office use, and subdividing the 192-acre site into 11 parcels. Requested approvals include a General Plan and EDSP Amendment, Planned Development Zoning Stage 1 Development Plan Amendment, Stage 2 Development Plan for the residential use, Vesting Tentative Tract Map 8663, 8666, and 8667, and a Development Agreement. The City Council will also consider an Addendum to the Eastern Dublin Specific Plan Environmental Impact Reports. 8 July 16, 2024 Dublin City Council Regular Meeting Agenda 9 STAFF RECOMMENDATION:

Conduct a public hearing, deliberate, and:

1. Adopt a Resolution Adopting an Addendum to the Eastern Dublin Specific Plan Environmental Impact Reports and Adopting General Plan and Eastern Dublin Specific Plan Amendments to Eliminate the 2.5-Acre Public/Semi-Public Land Use Designation and to Convert Approximately 42.6 Acres of Open Space to the Parks/Public Recreation Land Use Designation;

2. Waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving Amendments to the Planned Development Zoning Stage 1 Development Plan Ordinance No. 32-05 and a Stage 2 Development Plan for 13.7-Acres of MediumHigh Density Residential for the Dublin Fallon 580 Project;

3. Adopt a Resolution Approving the Vesting Tentative Tract Maps for the Dublin Fallon 580 Project; and

4. Waive the reading and INTRODUCE the Ordinance Approving a Development Agreement Between the City of Dublin and GH PacVest, LLC Related to the Dublin Fallon 580 Project.

Staff Report
Attachment 1 - Resolution Adopting an Addendum to the Eastern Dublin Specific Plan Environmental Impact Reports and Adopting General Plan and Eastern Dublin Specific Plan Amendments to Eliminate the 2.5-Acre Public/Semi-Public Land Use Designation and to Convert Approximately 42.6 Acres of Open Space to the Parks/Public Recreation Land Use Designation
Attachment 2 - Ordinance Amending the Zoning Map and Approving Amendments to the Planned Development Zoning Stage 1 Development Plan Ordinance No. 32-05 and a Stage 2 Development Plan for 13.7-Acres of Medium-High Density Residential for the Dublin Fallon 580 Project
Attachment 3 - Exhibit A to the Ordinance - Architectural Design Guidelines Attachment 4 - Exhibit B to the Ordinance - Landscape Design Guidelines Attachment 5 - Resolution Approving the Vesting Tentative Tract Maps for the Dublin Fallon 580 Project
Attachment 6 - Exhibit A to the Resolution - Vesting Tentative Tract Maps Attachment 7 - Ordinance Approving a Development Agreement Between the City of Dublin and GH PacVest, LLC Related to the Dublin Fallon 580 Project Attachment 8 - Exhibit A to the Ordinance - Development Agreement Attachment 9 - Local Transportation Analysis
Attachment 10 - CEQA Analysis in support of the Addendum to the Eastern Dublin Specific Plan EIR
Attachment 11 - Planning Commission Public Comment Letters Received Attachment 12 - Planning Commission Resolution No. 24-05 Attachment 13 - City Response to CEQA and Traffic Impact Analysis comments Attachment 14 - GH PacVest response to CEQA and Traffic Impact Analysis comments Attachment 15 - City Council Public Comment Letters
Item 6.1 PowerPoint Presentation
Item 6.1 SB 343

7. UNFINISHED BUSINESS
9 July 16, 2024 Dublin City Council Regular Meeting Agenda 10

7.1 Downtown Dublin Update
The City Council will receive a presentation on updates to the Downtown Dublin efforts, including the ongoing work on the development of the Dublin Commons project, which includes the town square, living options, commercial uses, and the proposed life sciences buildings.

STAFF RECOMMENDATION:

Receive the presentation.

Staff Report
Item 7.1 PowerPoint Presentation

8. NEW BUSINESS

8.1 Consideration of Ballot Measure to Amend the General Plan Regarding the LivborManning LLC Property East of the City Limits The City Council will consider placing a measure on the ballot to amend a provision of the Dublin General Plan added by the Open Space Initiative of 2014 in a manner that would allow future approval by the City of limited commercial development on certain property east of the City limits owned by Livbor-Manning LLC. If enacted, the measure would not affect current voter restrictions on new housing development.

STAFF RECOMMENDATION:

Adopt the Resolution Ordering the Submission to the Qualified Electors of the City of Dublin an Ordinance Amending a Provision of the Dublin General Plan that was added by the Dublin Open Space Initiative of 2014; Calling for an Election to be Consolidated with the Statewide Election to be Held on November 5, 2024; Fixing the Date and Manner of the Election and the Procedure for Voting Therein; and Providing for Notice Therefor.

Staff Report
Attachment 1 - Resolution Ordering the Submission to the Qualified Electors of the City of Dublin an Ordinance Amending a Provision of the Dublin General Plan Attachment 2 - Keyser Marston Report - Commercial Development Opportunities and Fiscal and Economic Benefits of Dublin Blvd. Extension - East of City Limits to Doolan Road
Attachment 3 - Fire Response Exhibits
Item 8.1 PowerPoint Presentation
Item 8.1 SB343

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

10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 10 July 16, 2024 Dublin City Council Regular Meeting Agenda 11 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.

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

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

CITY COUNCIL

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Agenda Item 3.1
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Introduction of Garrison Commander of Parks Reserve Forces Training Area, Lieutenant Colonel Richard B. King and Command Sergeant Major Steven D.

Lorey
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:

The City Council will introduce the new Garrison Commander of Parks Reserve Forces Training Area, Lieutenant Colonel Richard B. King and new Command Sergeant Major Steven D. Lorey.

STAFF RECOMMENDATION:

Welcome the Garrison Commander, Lieutenant Colonel Richard B. King and Command Sergeant Major Steven D. Lorey.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The new Garrison Commander of Parks Reserve Forces Training Area (Camp Parks), Lieutenant Richard B. King and the new Command Sergeant Major, who started on July 2, 2024, will be introduced.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
12

Page 2 of 2 ends

ATTACHMENTS:
1) Lieutenant Colonel Richard B. King Biography
2) Command Sergeant Major Steven D. Lorey Biography
13 Attachment 1

GARRISON COMMANDER
LTC Richard B. King
Lieutenant Colonel Richard Brian King was born
and raised in Mt. Royal, New Jersey. He began
his military career upon graduating high school by
enlisting in the U.S. Air Force, where he spent the
next 9 years. He was later commissioned through
OCS in 2002. His academic degrees include a
Master of Strategic Studies from the U.S. Army
War College and a Bachelor of Science in
Criminal Justice from the University of Guam. He
is also a 2024 graduate of the United States Army
War College. He received his commission
through Officer Candidate School in 2002. He is a
graduate of the Military Intelligence Officer Basic
Course, Military Intelligence Captain’s Career
Course, Defense Support to Civil Authorities II
Course, Command and General Staff College, and the United States Army War College.

Prior to his arrival at Camp Parks, he was assigned as a student at the U.S. Army War College. Previous assignments include G3 Chief of Operations, Military Intelligence Readiness Command; Deputy Commander, 336th Expeditionary Military Intelligence Brigade, Ft. Dix New Jersey; Executive Officer, 203D Military Intelligence Battalion, Aberdeen Proving Ground, MD; Army Reserve Engagement Cell (AREC) Military Intelligence Planner, United States Army Pacific Command (USARPAC), Ft. Shafter Hawaii; Company Commander, 203D Military Intelligence Battalion, Aberdeen Proving Ground, MD; Assistant Operations Officer, 203D Military Intelligence Battalion, Aberdeen Proving Ground, MD; Intelligence Training Officer, Western ARISC, Camp Parks CA; Detachment OIC, North East Army Reserve Intelligence Support Center (ARISC), Fort Devens MA; Battalion Assistant S2, 279th Infantry Battalion, 45th Infantry Brigade.

His deployments include; Operation Southern Watch, Dhahran AB Saudi Arabia with the 4404th Composite Wing as a Command Post Controller in 1993; Operation Enduring Freedom, Bagram Air Base, Afghanistan as a Military Intelligence advisor for a Joint Task Force in 2013 where he established an Afghan Special Operations Military Intelligence Company and deployed MI Detachments throughout Afghanistan.

His awards and decorations include the Bronze Star Medal, Army Meritorious Service 14 Medal (1 Silver Oak Leaf Cluster), Army Commendation Medal (2 Oak Leaf Clusters), Air Force Commendation Medal (1 Oak Leaf Cluster), Army Achievement Medal (1 Oak Leaf Cluster), Air Force Achievement Medal, Air Force Good Conduct Medal (2 Oak Leaf Clusters), National Defense Service Medal (Bronze Service Star), Southwest Asian Service Medal, Afghanistan Campaign Medal, Global War On Terrorism Service Medal, Korean Defense Service Medal, Armed Forces Service Medal, Humanitarian Service Medal, Armed Forces Reserve Medal (Silver Hour Glass /M Device), NATO Service Medal (ISAF), Kuwait Liberation Medal, Combat Action Badge, German Armed Forces Proficiency Badge (GOLD), and the Air Force Master Instructor Badge. Lieutenant Colonel King is also a recipient of the Knowlton Award and the Order of St. Maurice. 15 Attachment 2

COMMAND SERGEANT MAJOR
CSM Steven D. Lorey
CSM Steven D. Lorey enlisted in the United States Army in December 1998 in Phoenix Arizona as a 11M- Mechanized
Infantryman. He later earned the MOSs 42A- Human
Resources Specialist and 35F- Intelligence Analyst.

CSM Lorey has served in most enlisted leadership roles
including, Rear Detachment NCOIC of a MICO, First
Sergeant of an Analysis and Control Element company and, Senior Enlisted Advisor.

CSM Lorey’s stateside assignments include the 1-12
Infantry BN, Fort Carson, CO, the 301st MI BN at Barnes Army Reserve Center, Phoenix, AZ, The Western Army
Reserve Intelligence Support Center, Dublin, CA, the 378 MI BN at Fort Sheridan, IL, the 549th MI BN at Camp Bullis, TX and the NCOLCoE at Fort Bliss, TX. His previous assignment was as a facilitator in the Department of Distance Education for the Sergeants Major Course, Fort Bliss, TX. His overseas assignments include 1-9 IN BN at Camp Hovey, South Korea and the 402nd CA BN, Fort Buchanan, PR with deployments to Iraq for Operation Iraqi Freedom and Afghanistan for Operation Enduring Freedom.

CSM Lorey has completed all levels of NCOES through the Sergeants Major Course. Additionally, he has completed Army Basic and Small Group Instructor Courses, the Battle Staff NCO Course, and Master Resilience Trainers Course. His civilian education includes a Bachelor of Science in Public Safety Administration, Master of Public Administration from Grand Canyon University, and a Master of Leadership Studies from the University of Texas at El Paso. He is currently pursuing a Doctor of Strategic Leadership from Liberty University.

CSM Lorey’s awards and decorations include the Meritorious Service Medal (5th award), the Army Commendation Medal (5th award), the Army Achievement Medal (5th award), the Army Good Conduct Medal (5th award), the Army Reserve Component Achievement Medal (2nd award), the Armed Forces Reserve Medal with silver hourglass, “M”, and numeral “3” devices, the Iraqi Campaign Medal with campaign star, the Afghanistan Campaign Medal with campaign star, the Korean Defense Service Medal, the Overseas Service Ribbon (4th award), the NATO Medal, the Combat Action Badge, the Expert Infantryman’s Badge, the Driver’s badge with Wheeled and Tracked devices and the German Armed Forces Proficiency badge (Gold).

CSM Lorey is married to his wife Brienne and has two cats, Donut and Princess. 16 STAFF REPORT

CITY COUNCIL

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Agenda Item 3.2
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Introduction of Dublin Police Services Behavioral Health Unit Associate Therapist Shanel Perou
Prepared by: Nate Schmidt, Chief of Police
EXECUTIVE SUMMARY:

Dublin Police Services Behavioral Health Unit Associate Therapist Shanel Perou, who began working with Dublin Police Services on June 10, 2024, will be introduced to the City Council.

STAFF RECOMMENDATION:

Welcome Dublin Police Services Behavioral Health Unit Associate Therapist Shanel Perou.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Behavioral Health Unit Associate Therapist Shanel Perou, who began working for Dublin Police Services on June 10, 2024, will be introduced to the City Council. Associate Therapist Perou has a Bachelor of Arts degree in Child Development and a Master of Arts degree in Marriage and Family Therapy. She comes to Dublin with four years of community and mental health therapy experience.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
17

Page 2 of 2 ends

ATTACHMENTS:

None.
18 STAFF REPORT

CITY COUNCIL

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Agenda Item 3.3
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introductions
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:

New City of Dublin Staff members, Brandon Harris, Management Fellow with the City Manager’s Office, and Yingru Huang, Summer Intern with the Parks and Community Services Department, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff members.

FINANCIAL IMPACT:

None.

DESCRIPTION:

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
19

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ATTACHMENTS:

None.
20 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 3.4
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Update from Three Valleys Community Foundation Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

The City Council will receive an update from Kelly Bowers, Ed.D., CEO and President of Three Valleys Community Foundation.

STAFF RECOMMENDATION:

Receive the update.

FINANCIAL IMPACT:

None.

DESCRIPTION:

At the January 11, 2022, meeting, the City Council approved a grant agreement with Three Valleys Community Foundation agreeing to provide $50,000 in equal installments over three years to support the initial administrative and operational functions associated with the launch of the Foundation.

The City Council will receive an update from Kelly Bowers, Ed.D., CEO and President, on the Foundation’s second year of operations.

STRATEGIC PLAN INITIATIVE:

None.
21

Page 2 of 2 ends

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
22 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 3.5
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Dublin Climate Challenge - Community Engagement with the Climate Action Plan 2030 and Beyond
Prepared by: Kate Battaglia, CivicSpark Fellow
EXECUTIVE SUMMARY:

The City Council will receive a presentation on community engagement with the Climate Action Plan 2030 and Beyond through the new Dublin Climate Challenge online platform.

STAFF RECOMMENDATION:

Receive the presentation.

FINANCIAL IMPACT:

The cost associated with the Dublin Climate Challenge online platform is $8,500 for the initial implementation and first year of service. The platform will cost $6,000 annually thereafter. The cost of these services will be charged to the Public Works Department in accordance with the adopted annual operating budget.

DESCRIPTION:

Climate Action Plan 2030 and Beyond
On September 15, 2020, the City Council approved Resolution 100-20 Adopting the City of Dublin Climate Action Plan (CAP) 2030 and Beyond. CAP 2030 includes five strategies and 22 measures intended to reduce greenhouse gas (GHG) emissions by 40% below 1990 levels by 2030 and to put the City on the path to reaching carbon neutrality by 2045. Achieving carbon neutrality will require a communitywide effort and CAP 2030 includes actions in which every part of the community can participate.
23

Page 2 of 2 ends

Dublin Climate Challenge
To help engage the Dublin community with CAP 2030, the City entered into an agreement with Bright Action Communities (formerly Community Climate Solutions) to launch the Dublin Climate Challenge. The Dublin Climate Challenge online platform allows individuals, households, businesses, and community groups to learn about and commit to various sustainable actions to lower their impact on climate change.

Actions on the Dublin Climate Challenge platform are grouped into categories that address energy use, transportation, waste, and water. Within each category, users can explore actions such as completing home energy checkups, owning an electric vehicle, switching to reusable foodware, and more. The actions range in difficulty from simple to challenging and include renter friendly and youth friendly options. Each sustainable action on the platform provides users with information, tips, and resources, as well as the impacts of successfully completing the action, including GHG emissions reduced, resources saved, and annual cost savings.

The platform provides individual, neighborhood, and citywide level data on actions taken, emissions reduced, and gallons of water saved. By selecting and completing actions, residents and community members can see the true impact and savings from their actions, as well as the communitywide impact throughout Dublin. The data provides insight on behavior change in Dublin, which can assist Staff in developing outreach and engagement strategies. For example, targeted outreach can be conducted for certain actions that are identified as having less community uptake through the platform. The information collected from this platform can also be used to benchmark progress against other Bay Area cities such as Livermore, Fremont, Albany, and Piedmont that also collect data on the platform.

Outreach for the Dublin Climate Challenge
Staff anticipate starting outreach for the Dublin Challenge at the end of July after the platform launches. Staff will work with the Communications Division and attend tabling events, such as the Dublin Farmers’ Markets, to promote the platform and encourage community members to join the Dublin Climate Challenge.

STRATEGIC PLAN INITIATIVE:

Strategy 5. Long-Term Infrastructure and Sustainability Investments Objective C: Continue to make progress on the Climate Action Plan and sustainable operations.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution 100-20 Adopting the City of Dublin Climate Action Plan 2030 and Beyond 24 RESOLUTION NO. 100 - 20

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
* * * * * * * * *
ADOPTING THE CITY OF DUBLIN CLIMATE ACTION PLAN 2030 AND BEYOND WHEREAS, on November 16, 2010 the City Council adopted Resolution 167-10 approving the City of Dublin Climate Action Plan establishing greenhouse gas (GHG) reduction goals for 2020;and
WHEREAS, under the California Environmental Quality Act (CEQA) a city may prepare a qualified GHG Reduction Strategy or Climate Action Plan to evaluate a community's cumulative impact due to GHG emissions from future planned development; and WHEREAS, if a project is consistent with an adopted, qualified GHG Reduction Strategy or Climate Action Plan, the Strategy/Plan can be used as a basis for determining that the project would have a less than significant impact on a community's cumulative GHG emissions under CEQA; and
WHEREAS, on October 15, 2013 the City Council adopted Resolution 177-13 approving the City of Dublin Climate Action Plan Update to use as a basis for determining that a future project that was consistent with the adopted Climate Action Plan Update would have a less than significant impact on Dublin's cumulative GHG emissions under CEQA through 2020; and WHEREAS, the City of Dublin is on track to meet the 2020 GHG reduction goals established by the Plans; and
WHEREAS, in 2016, the California Legislature adopted Senate Bill (SB) 32 to extend the State's commitment to GHG emissions reductions by tightening the target to 40% below 1990 levels by 2030; and
WHEREAS, in 2018, Governor Brown adopted Executive Order (EO) B-55-18 setting a Statewide goal of reaching carbon neutrality by no later than 2045; and WHEREAS, on December 17, 2019, the City Council provided consensus to align the City's future Climate Action Plan with both SB 32 and EO B-55-18 goals and consensus to proceed with the draft strategies and measures to achieve those goals; and WHEREAS, the Climate Action Plan 2030 and Beyond establishes the following targets:

1. Reduce GHG emissions to 40% below 1990 levels by 2030

2. Reach carbon neutrality by 2045; and
WHEREAS, the Climate Action Plan 2030 and Beyond contains 22 measures grouped into the five strategies listed below to reduce GHG emissions by roughly 73,000 metric tons carbon dioxide equivalent by 2030:

1. 100% Renewable and Carbon-Free Electricity

2. Building Efficiency and Electrification

3. Sustainable Mobility and Land Use
Reso No. 100-20, Item 6.1, Adopted 09/15/2020 Page 1 of 2 Attachment 1
25 4. Material and Waste Management

5. Municipal Leadership; and
WHEREAS, the implementation of the Climate Action Plan 2030 and Beyond will result in co-benefits in the following areas: economic growth, reduced traffic congestion, improved public health, healthier ecosystems, robust landscapes, carbon sequestration, enhanced resilience, equity and inclusion, community leadership and partnerships, and cutting-edge technologies; and WHEREAS, the City Council held a properly noticed public hearing on the Climate Action Plan 2030 and Beyond and related Negative Declaration on September 15, 2020; and WHEREAS, the City Council did review and consider the Negative Declaration and the Climate Action Plan 2030 and Beyond and all said reports, recommendations, and testimony herein and set forth prior to making its decision on the Climate Action Plan 2030 and Beyond.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve and adopt the Climate Action Plan 2030 and Beyond attached hereto as Exhibit A to the Resolution and authorizes Staff to make any non-substantive grammatical or editing changes in the final document.

PASSED, APPROVED AND ADOPTED this 15th day of September 2020, by the following vote:

AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES:

ABSENT:

ABSTAIN:

Mayor
ATTEST:

City Clerk
Reso No. 100-20, Item 6.1, Adopted 09/15/2020 Page 2 of 2 Attachment 1
26 Dublin Climate Challenge
Community Engagement
with CAP 2030
July 16, 2024
27 Outline
• Overview of Climate Action Plan 2030 and
Beyond (CAP 2030)
• Overview of Dublin Climate Challenge Platform
• Outreach for the Dublin Climate Challenge
28 Background
• Greenhouse gas emissions
reduction goals
• Five strategies in the
Climate Action Plan 2030
and Beyond (CAP 2030)
29 Dublin Climate Challenge
• Online platform
• Explore actions
• Provide resources
• Collect data
30 Exploring Actions
• Energy
• Transportation
• Waste
• Water
31 Exploring Actions
32 Exploring Actions
33 Outreach
• Communications Division
• Tabling events
34 Conclusion
• Engage the community
• Achieve CAP 2030 goals
35 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the June 18, 2024 Regular City Council Meeting, June 25, 2024 Adjourned Regular City Council Meeting, and July 3, 2024 Special City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the June 18, 2024 Regular City Council Meeting, June 25, 2024 Adjourned Regular City Council Meeting, and July 3, 2024 Special City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of June 18, 2024 Regular City Council Meeting, June 25, 2024 Adjourned Regular City Council Meeting, and July 3, 2024 Regular City Council Meeting Minutes
Prepared by: Marsha Moore, MMC, City Clerk
36

Page 2 of 2 ends

ATTACHMENTS:
1) June 18, 2024 Regular City Council Meeting Minutes
2) June 25, 2024 Adjourned Regular City Council Meeting Minutes 3) July 3, 2024 Special City Council Meeting Minutes
37 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: June 18, 2024

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
JUNE 18, 2024
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the adjournment notice is available on the City’s website at: https://dublin.ca.gov/ccmeetings
A Meeting of the Dublin City Council was held on Tuesday, June 18, 2024, in the City Council Chamber. The meeting was called to order at 6:30 PM, by Mayor McCorriston. 1) CALL TO ORDER
Attendee Name Status
Michael McCorriston, Mayor Present
Dr. Sherry Hu, Vice Mayor Absent
Jean Josey, Councilmember Present
Kashef Qaadri, Councilmember Absent
Mayor McCorriston stated the City Council would not be holding the meeting due to a lack of quorum. While all Councilmembers were available, either in person or remotely, the Brown Act allows for video conferencing under limited circumstances. One of the requirements for a teleconferenced meeting is that a quorum must be present in the City of Dublin. At least three councilmembers were needed to be present to make a quorum. Of the four City Councilmembers, only two were present in the City of Dublin; therefore, the City Council was unable to proceed with the meeting. The only action available was to adjourn the meeting to a specified time and place.

On a motion by Mayor McCorriston, seconded by Councilmember Josey, and by unanimous vote, the City Council adjourned the meeting due to lack of quorum and set the meeting for June 25, 2024 at 6:30 PM in the Council Chambers.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Michael McCorriston, Mayor
SECOND: Jean Josey, Councilmember
AYES: McCorriston, Josey
Attachment 1
38 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
JUNE 18, 2024
2) ADJOURNMENT
Mayor McCorriston adjourned the meeting at 6:32 PM to an Adjourned Regular Meeting on Tuesday, June 25, 2024 at 6:30 PM.

Mayor
ATTEST:

City Clerk
39 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Adjourned Regular Meeting: June 25, 2024

DUBLIN CITY COUNCIL MINUTES

ADJOURNED REGULAR MEETING
JUNE 25, 2024
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at: https://dublin.ca.gov/ccmeetings CLOSED SESSION 6:30 PM
I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case
Facts and circumstances: Letter from Sarah Jorgensen, dated May 10, 2024 II. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Portion of Assessor’s Parcel No. 986-0028-001-00 adjacent to Tassajara Road
Agency Negotiator: Linda Smith, City Manager
Negotiating Parties: Javid Roshan/Zarmina Mayar
Under Negotiation: Price and terms of payment
REGULAR ADJOURNED MEETING 7:00 PM
An Adjourned Regular Meeting of the Dublin City Council was held on Tuesday, June 25, 2024, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor McCorriston.
1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Michael McCorriston, Mayor Present
Dr. Sherry Hu, Vice Mayor Present
Jean Josey, Councilmember Present
Kashef Qaadri, Councilmember Present
2) REPORT ON CLOSED SESSION
City Attorney John Bakker reported that in response to the May 10, 2024 letter from counsel for the California Restaurant Association, the City Council suspended enforcement of the provisions of the Green Building Code requiring certain new construction and alterations to be all electric.

Attachment 2
40 DUBLIN CITY COUNCIL MINUTES

ADJOURNED REGULAR MEETING
JUNE 25, 2024
3) PRESENTATIONS AND PROCLAMATIONS

3.1) Recognition of Parks Reserve Forces Training Area Lieutenant Colonel Marisol A. Chalas
The City Council recognized Lieutenant Colonel Marisol A. Chalas for her service at Parks Reserve Forces Training Area and in the Dublin community.

3.2) Employee Introduction
New City of Dublin Staff member, Alejandro Feliciano, Summer Intern with the Public Works Department, was introduced.
4) PUBLIC COMMENT
Mike Grant provided public comment.

Brent Songey provided public comment.

Andrea Renzulli provided public comment.
5) CONSENT CALENDAR

5.1) Approved the June 4, 2024 Regular City Council Meeting Minutes.

5.2) Adopted Resolution No. 58-24 titled, “Approving Agreements for On-Call Civil Engineering and Surveying Services.”

5.3) Adopted Resolution No. 59-24 titled, “Approving an Agreement with HERC Rentals for Electrical Equipment Rental for City-Produced Events;” Resolution No. 60-24 titled, “Approving an Agreement with Primetime Entertainment for Lighting and Sound Services for City-Produced Events;” and Resolution No 61-24 titled, “Approving an Agreement with Special Events Rentals for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events.”

5.4) Adopted Resolution No. 62-24 titled, “Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2024-25.”

5.5) Adopted Resolution No. 63-24 titled, “Approving the Plans and Specifications and Awarding a Contract to VSS International, Inc. for the Annual Street Resurfacing (2024 Cape Seal) Project, CIP No. ST0117.”

5.6) Waived the second reading and adopted Ordinance No. 02-24 titled, “Approving Amendments to Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations).”
41 DUBLIN CITY COUNCIL MINUTES

ADJOURNED REGULAR MEETING
JUNE 25, 2024

5.7) Adopted Resolution No. 64-24 titled, “Approving the Improvement Agreement for Two Neighborhood Park Sites Within the Francis Ranch Development.”

5.8) Adopted Resolution No. 65-24 titled, “Approving the Plans and Specifications, Waiving a Minor Bid Irregularity, and Awarding a Contract to O’Grady Paving, Inc. for the Annual Street Resurfacing Project (2024 Concrete/Signals/Overlay) and the Persimmon Drive Pedestrian Rehabilitation Project, CIP Nos. ST0117 and PK0123.”

5.9) Adopted Resolution No. 66-24 titled, “Approving an Agreement for On-Call Vehicle Maintenance and Repair Services with Parkway Body Shop.”

5.10) Adopted Resolution No. 67-24 titled, “Approving the Plans and Specifications and Awarding a Contract to Suulutaaq, Inc. for the Green Stormwater Infrastructure Project, CIP No. ST0121 and ST0517.”

5.12) Adopted Resolution No. 68-24 titled, “Authorizing a Special Designation of General Fund Committed Reserves for Fiscal Year 2023-24,” and confirmed changes to General Fund Assigned Reserves.

5.13) Adopted Resolution No. 69-24 titled, “Calling for a General Municipal Election To Be Held in the City of Dublin on November 5, 2024, Requesting the Alameda County Board of Supervisors Consolidate the City of Dublin General Municipal Election With the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statement and the Costs Thereof,” and affirmed Resolution No. 85-10 Encouraging Candidates to Use the Code of Fair Campaign Practices.

5.14) Received the report of payments issued from May 1, 2024 – May 31, 2024, totaling $9,885,560.27.

On a motion by Councilmember Josey, seconded by Councilmember Qaadri, and by unanimous vote, the City Council adopted the Consent Calendar, except for item 5.11.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Kashef Qaadri, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri

5.11) Amendments to the Dublin Municipal Code to Add Chapter 4.50 (Sidewalk Vending) and Amend Section 5.100.090 (Merchandising, Advertising, and Signs – Prohibited Acts) (PLPA-2024-00049)
This item was pulled from the consent calendar by Councilmember Josey for further discussion.

Mayor McCorriston opened the public hearing.
42 DUBLIN CITY COUNCIL MINUTES

ADJOURNED REGULAR MEETING
JUNE 25, 2024
Upon receiving no public comment, Mayor McCorriston closed the public hearing.

On a motion by Councilmember Josey and seconded by Councilmember Qaadri, and by unanimous vote, the City Council waived the reading, and introduced the Ordinance Approving Amendments to the Dublin Municipal Code to add Chapter 4.50 (Sidewalk Vending) to Title 4 (Regulation of Businesses), and Amend Section 5.100.090 (Merchandising, Advertising and Signs—Prohibited Acts), with an amendment to change Section 4.50.060(b) to read, “Sidewalk vendors shall apply for renewal annually.”
RESULT: INTRODUCED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Kashef Qaadri, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri
6) PUBLIC HEARING

6.1) Adoption of Rates for Garbage Collection, Disposal, and Recycling Services Provided by Amador Valley Industries and Establishing the 2024-25 Annual Assessment
The City Council received a presentation establishing the garbage rates effective July 1, 2024 and establishing the Fiscal Year 2024-25 refuse-related property tax assessment.

Mayor McCorriston opened the Public Hearing.

Upon receiving no public comment, Mayor McCorriston closed the Public Hearing.

On a motion by Vice Mayor Hu, seconded by Councilmember Qaadri, and by unanimous vote, the City Council adopted Resolution No. 70-24 titled, “Approving and Establishing the Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2024- 2025;” and Resolution No. 71-24 titled, “Amending the Schedule of Service Rates for Integrated Solid Waste Services.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Dr. Sherry Hu, Vice Mayor
SECOND: Kashef Qaadri, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri

6.2) Adoption of Master Fee Schedule
The City Council received a presentation on a new Master Fee Schedule, based on information contained in the User Fee Study and Cost Allocation Plan presented to the City Council on June 4, 2024.
43 DUBLIN CITY COUNCIL MINUTES

ADJOURNED REGULAR MEETING
JUNE 25, 2024
Mayor McCorriston opened the Public Hearing.

Upon receiving no public comment, Mayor McCorriston closed the Public Hearing.

On a motion by Councilmember Qaadri, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted Resolution No. 72-24 titled, “Adopting a Master Fee Schedule for Services Provided by the City.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Jean Josey, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri
7) UNFINISHED BUSINESS – None.

Mayor McCorriston called for a break at 8:01 PM.

Mayor McCorriston reconvened the meeting at 8:05 PM.
8) NEW BUSINESS

8.1) Actions to Fill City Councilmember Vacancy
The City Council considered applications received to fill the City Council vacancy due to the appointment of Michael McCorriston as Mayor.

Mayor McCorriston opened the public comment period.

Mike Grant provided public comment.

Catherine Brown provided public comment.

Catheryn Grier provided public comment.

Janine Thalblum provided public comment.

Todd Padnos provided public comment.

Mary Washington provided public comment.

Renata Tyler provided public comment.

Mayor McCorriston closed the public comment period.
44 DUBLIN CITY COUNCIL MINUTES

ADJOURNED REGULAR MEETING
JUNE 25, 2024
The City received 17 applications for the City Councilmember vacancy. The City Council shared their top two choices for consideration: Councilmember Josey’s selections were Wahida Rashid and Janine Thalblum; Councilmember Qaadri’s selections were Sameer Hakim and Stephen Wright; Vice Mayor Hu’s selections were John Morada and Ramya Ramakrishnan; and Mayor McCorriston’s selections were Janine Thalblum and Stephen Wright.

Applicants Stephen Wright, Janine Thalblum, Ramya Ramakrishnan, Sameer Hakim, Wahida Rashid, and John Morada were interviewed by the City Council.

The City Council discussed the applicants, and Janine Thalblum and Stephen Wright were identified as the top two candidates.

Councilmember Qaadri made a motion, seconded by Mayor McCorriston, to appoint Stephen Wright to the City Council Vacancy for the unexpired term ending December 2024.

Councilmember Josey made a substitute motion, seconded by Vice Mayor Hu, to appoint Janine Thalblum to the City Council for the unexpired term ending December 2024.

Councilmember Qaadri made a friendly amendment that the applicant rescind her public endorsement for the upcoming Mayoral election, and Councilmember Josey and Vice Mayor Hu accepted the friendly amendment.

On a motion by Councilmember Josey, seconded by Vice Mayor Hu, and by a 3-to-1 roll call vote, the City Council appointed Janine Thalblum to fill the Councilmember vacancy with the friendly amendment that she rescinds her public endorsement.

RESULT: APPOINTED [3-TO-1]
MOVED BY: Jean Josey, Councilmember
SECOND: Dr. Sherry Hu, Vice Mayor
AYES: McCorriston, Josey, Hu
NOES: Qaadri
Janine Thalblum was sworn in as Councilmember and took her seat at the dais.

8.2) City Council Committee Appointments and Assignments The City Council discussed the Mayor’s appointments to the various local and regional boards, committees, and commission positions.

On a motion by Councilmember Qaadri, seconded by Vice Mayor Hu, and by unanimous vote, the City Council adopted Resolution No. 73-24 titled, “Confirming the Mayor’s Appointments to Various Local and Regional Boards, Committees, and Commissions” and directed Staff to notify affected agencies, as appropriate. 45 DUBLIN CITY COUNCIL MINUTES

ADJOURNED REGULAR MEETING
JUNE 25, 2024
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Dr. Sherry Hu, Vice Mayor
AYES: McCorriston, Josey, Hu, Qaadri, Thalblum
9) CITY MANAGER AND CITY COUNCIL REPORTS
The City Council and Staff provided brief information-only reports, including committee reports and reports related to meetings attended at City expense (AB1234). 10) ADJOURNMENT
Mayor McCorriston adjourned the meeting at 11:33 PM.

Mayor
ATTEST:

City Clerk
46 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Special Meeting: Wednesday, July 3, 2024

DUBLIN CITY COUNCIL MINUTES

SPECIAL MEETING
JULY 3, 2024
The following are minutes of the actions taken by the City of Dublin City Council. The agenda is available on the City’s website at: https://dublin.ca.gov/ccmeetings SPECIAL MEETING 3:00 PM
A Special Meeting of the Dublin City Council was held on Wednesday, July 3, 2024, in the Bray Community Room. The meeting was called to order at 3:08 PM, by Mayor McCorriston. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Michael McCorriston, Mayor Present
Dr. Sherry Hu, Vice Mayor Present
Jean Josey, Councilmember Present
Kashef Qaadri, Councilmember Present
Janine Thalblum, Councilmember Present
2) CLOSED SESSION
I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case
II. CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Councilmember Qaadri
Unrepresented Employee: City Attorney
III. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
3) REPORT ON CLOSED SESSION
Mayor McCorriston reported that the City Council directed the City Attorney to initiate an action and the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry.

Attachment 3
47 DUBLIN CITY COUNCIL MINUTES

SPECIAL MEETING
JULY 3, 2024
4) ADJOURNMENT
Mayor McCorriston adjourned the meeting at 5:51 PM.

Mayor
ATTEST:

City Clerk
48 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.2
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement for On-Call Surveying Services with Kier & Wright Prepared by: Julius Pickney, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will consider approving an agreement for on-call surveying services with Kier & Wright.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement for On-Call Surveying Services with Kier & Wright.

FINANCIAL IMPACT:

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

DESCRIPTION:

The Public Works Department utilizes consultants on Capital Improvement Program (CIP) projects, private development projects engineering services, and for on-call, as-needed services to assist Staff in specific areas of technical and professional expertise. Consultants are solicited through open and competitive request for qualifications (RFQ) processes to identify consulting firms with the necessary background and experience to provide services at competitive costs.

Nine submissions were received in response to the RFQ for On-Call Surveying Services issued in April 2024. After reviewing all qualifications, Staff recommends one firm, Kier & Wright, to provide on-call services for a three-year term with the proposed compensation limit of $100,000.

This firm has provided similar services to various municipalities around the Bay Area.

Staff also recommends that the following firms that responded to the RFQ be deemed qualified and remain on the City’s Managed Qualified Bid List, with which the City reserves the right to 49

Page 2 of 2 ends

enter into an agreement at a future date: Bellecci, F3 & Associates, Sandis, Wilsey Ham, and Wood Rodgers. Three other firms, BKF Engineers, CSW/Stuber-Stroeh Engineering Group, Inc., and GUIDA, responded to the RFQ and are qualified, however are not recommended for new on-call surveying services agreements because these three firms are already under contract with the City for similar on-call services.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Agreement for On-Call Surveying Services with Kier & Wright 2) Exhibit A to the Resolution – Consulting Services Agreement with Kier & Wright 3) Request for Qualifications – Surveying Services
4) Statements of Qualifications – Surveying Services from Kier & Wright 50 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 ON-CALL SURVEYING SERVICES WITH KIER & WRIGHT
WHEREAS, on April 10th, 2024, Staff issued a Request for Qualifications (RFQ) for OnCall Surveying Services; and WHEREAS, the City received nine responses to the RFQ; and WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance with the RFQ rating criteria; and
WHEREAS, the City desires to enter into an agreement with Kier & Wright for a not-toexceed amount of $100,000 over a three-year term; and WHEREAS, the City also wishes to enter into agreements at a later date, with the following firms which were deemed to be qualified as part of the RFQ solicitation process: Bellecci, F3 & Associates, Sandis, Wisley Ham, and Wood Rodgers.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Kier & Wright, 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
51 Consulting Services Agreement between City of Dublin and 8/1/2024 Kier & Wright for On-Call Surveying Services Page 1 of 15

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

KIER & WRIGHT
FOR

ON-CALL SURVEYING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Kier & Wright (“Consultant”) (together sometimes referred to as the “Parties”) as of August 1, 2024 (the “Effective Date”).

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

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

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

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

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

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit D.

Attachment 2
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1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

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

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period;

53 Consulting Services Agreement between City of Dublin and 8/1/2024 Kier & Wright for On-Call Surveying Services Page 3 of 15 A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

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

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

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

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

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

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

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

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

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

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

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

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

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

55 Consulting Services Agreement between City of Dublin and 8/1/2024 Kier & Wright for On-Call Surveying Services Page 5 of 15 THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

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

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

4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

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

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

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

4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.

4.3 Professional Liability Insurance.

4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount

57 Consulting Services Agreement between City of Dublin and 8/1/2024 Kier & Wright for On-Call Surveying Services Page 7 of 15 not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.

4.4 All Policies Requirements.

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

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

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

58 Consulting Services Agreement between City of Dublin and 8/1/2024 Kier & Wright for On-Call Surveying Services Page 8 of 15 satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

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

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

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

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule,

59 Consulting Services Agreement between City of Dublin and 8/1/2024 Kier & Wright for On-Call Surveying Services Page 9 of 15 regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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

Section 7. LEGAL REQUIREMENTS.

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

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

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

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

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant

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

Section 8. TERMINATION AND MODIFICATION.

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

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

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

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

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

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

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

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

8.6.1 Immediately terminate the Agreement;

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

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

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

Section 9. KEEPING AND STATUS OF RECORDS.

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

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

9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

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

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

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

63 Consulting Services Agreement between City of Dublin and 8/1/2024 Kier & Wright for On-Call Surveying Services Page 13 of 15 sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.

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

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

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

Dean Jurado, PLS
2850 Collier Canyon Road
Livermore, CA 94551
Any written notice to City shall be sent to:

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

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

Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information

10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance

64 Consulting Services Agreement between City of Dublin and 8/1/2024 Kier & Wright for On-Call Surveying Services Page 14 of 15 with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

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

SIGNATURES ON FOLLOWING PAGE

65 Consulting Services Agreement between City of Dublin and 8/1/2024 Kier & Wright for On-Call Surveying Services Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN KIER & WRIGHT

Linda Smith, City Manager Joe Thompson, PLS, Vice President Attest:

Consultant’s DIR Registration Number
(if applicable)

Marsha Moore, City Clerk
Approved as to Form:

City Attorney

66 Consulting Services Agreement between City of Dublin and Last revised 8/1/2024 Kier & Wright for On-Call Surveying Services Exhibit A – Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES
Surveying
x Provide staff augmentation services.
x Review parcel maps, final maps, lot mergers, lot line adjustments, and plat maps and legal descriptions for technical accuracy, including review of boundary, cover sheet certificates, closure calculations, monuments, easements, and cross-referencing improvement plans in accordance with the Subdivision Map Act, City Subdivision Ordinance, and surveying standards of practice. x Provide a licensed land surveyor and/or civil engineer to sign and approve parcel and final maps for technical correctness on behalf of the City as Acting City Surveyor. x Prepare plat maps and legal descriptions for acquisition areas. x Conduct topographic surveys, process field data, and produce topographic maps. x GPS data collection, inventory management, and GIS integration. x Research record documentation defining existing right-of-way. Prepare right-of-way maps. x Calculate record locations of pertinent boundary monumentation for use in field survey work. x Conduct field right-of-way surveys to locate boundary evidence. x Perform boundary analysis based on record and field data. x Perform topographic surveys for the design of capital projects. x Perform construction staking surveys.
x Conduct monument verifications.

67 Consulting Services Agreement between City of Dublin and Last revised 8/1/2024 Kier & Wright for On-Call Surveying Services Exhibit B – Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES

HOURLY RATE SCHEDULE
Effective March 1, 2024 through February 28, 2025
Principal $302.00 / Hour
Principal Engineer $274.00 / Hour
Senior Engineer Manager $252.00 / Hour
Technical Manager $252.00 / Hour
Senior Engineer $239.00 / Hour
Engineer III $222.00 / Hour
Engineer II $185.00 / Hour
Engineer I $155.00 / Hour
Senior Survey Construction Manager $246.00 / Hour
Senior Land Surveyor $246.00 / Hour
Project Surveyor III $220.00 / Hour
Project Surveyor II $178.00 / Hour
Project Surveyor I $152.00 / Hour
Survey Coordinator $210.00 / Hour
Engineering Tech III $200.00 / Hour
Engineering Tech II $181.00 / Hour
Engineering Tech I $169.00 / Hour
Draftsman / Survey Tech III $155.00 / Hour
Draftsman / Survey Tech II $128.00 / Hour
Draftsman / Survey Tech I $117.00 / Hour
3-Man Survey Crew $435.00 / Hour
2-Man Survey Crew $344.00 / Hour
1-Man Survey Crew $212.00 / Hour
Testimony (Trial or Deposition) $589.00 / Hour
Project Coordinator III $144.00 / Hour
Project Coordinator II $127.00 / Hour
Project Coordinator I $110.00 / Hour
Engineering / Survey Intern $64.00 / Hour
3D Laser Scanning Crew $421.00 / Hour
All blueprinting and reproduction will be billed at cost plus 10%.

Time spent for preparation for testimony will be billed in accordance with the above hourly rates.

68 Consulting Services Agreement between City of Dublin and Last revised 8/1/2024 Kier & Wright for On-Call Surveying Services Exhibit C – Page 1 of 1

EXHIBIT C

INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement.

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

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

D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.

69 Consulting Services Agreement between City of Dublin and Last revised 8/1/2024 Kier & Wright for On-Call Surveying Services Exhibit D – Page 1 of 3

EXHIBIT D

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

HOURS OF WORK:

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

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

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

WAGES:

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

B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of

70 Consulting Services Agreement between City of Dublin and Last revised 8/1/2024 Kier & Wright for On-Call Surveying Services Exhibit D – Page 2 of 3 prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

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

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

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

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

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

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

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the

71 Consulting Services Agreement between City of Dublin and Last revised 8/1/2024 Kier & Wright for On-Call Surveying Services Exhibit D – Page 3 of 3 Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

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

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

72 REQUEST FOR QUALIFICATIONS
Surveying Services
City of Dublin
Proposals must be received by: Friday, May 3, 2024 at 4:00 p.m. (Pacific Time) Julius Pickney, Management Analyst II
100 Civic Plaza
City of Dublin, CA 94568
Statements of Qualifications will be evaluated on the following: a) Firm’s experience with projects of similar scope, b) Experience and qualifications of the assigned individual, c) Satisfaction of previous clients, and d) Completeness of submission.

Attachment 3
73 Request for Qualifications
For
Surveying Services
Overview
The City of Dublin is seeking qualified Engineering firms to provide professional on-call surveying services for small to medium-sized capital projects.

Project Description:

The City is interested in securing firms for the specific purpose of obtaining on-call surveying services. This RFQ does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of the statement of qualifications (SOQ) or in anticipation of a contract.

This agreement shall be established for a three-year term, with the option to extend for up to two additional years. Please note, the City may select more than one firm with which to enter into a contract. Proposals shall be required for all services identified in this RFQ. Selected firm(s) shall submit SOQs which demonstrate that they can perform the scope of work for all potential projects, but are not guaranteed work.

Work shall be requested on an as needed basis and paid according to an approved rate schedule. The cost of developing a scope of service for a particular project shall be included in the Consultant’s cost of doing business and the City will not be responsible for any costs associated with preparing it.

Considerations:

The City of Dublin is seeking professional services of qualified engineering firms to provide surveying services for multiple projects over the next three years. The City intends to select the most qualified firm(s) to provide these services. The selected firm will perform services on a “Time and Materials” basis to be negotiated with the City.

The firm’s services will be negotiated on a per project basis and have a budget and specific work scope.

Once a Task Order is approved, rates are locked in for the duration of the project. Travel time, mileage, vehicles, meals, etc. will not be allowed and should be incorporated into your hourly rates provided. Consultant may request hourly rates be updated annually, prior to the City’s fiscal year start. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the City Engineer, or their designee, for approval prior to taking effect. 74 Process and General Conditions

1. Consultants shall submit one electronic copy of the Statement of Qualifications to:

Julius Pickney
Management Analyst II
100 Civic Plaza
Dublin, CA 94568
[email protected]
Electronic copies shall be submitted by emailed PDF, on CD/DVD or USB flash drive.

2. Deadline for submitting the Statement of Qualification is Friday, May 3, 2024, at 4:00 p.m.

3. The City will not pay for any costs incurred in preparation and submission of the SOQ or in anticipation of a contract. The format of submittals is at the discretion of the Consultant. Each SOQ shall be limited to a maximum of 10 pages, single-sided, using a minimum 12-point font size. Page limit excludes a table of contents, tabbed dividers, resumes for Consultant’s team, and sample projects.

Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate the Statement of Qualifications provided in response to this RFQ. 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 Statement of Qualifications.

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 the 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 RFQ. The City reserves the right to reject any and all Statement of Qualifications prior to execution of the Agreement, with no penalty to the City.

Selection Process Dates (tentative dates, subject to change) Wednesday, April 10 Request for Qualifications posted to City website Friday, April 19 Deadline to submit questions to City of Dublin by 4:00 p.m. via e-mail ONLY to Julius Pickney at [email protected]
Wednesday, April 24 Addendum posted, if required
75 Friday, May 3 Statement of Qualifications are due no later than 4:00 PM on May 3 to Julius Pickney at [email protected] ONLY. Late submittals will not be accepted.

Friday, May 10 Interview firms (optional)
Tuesday, May 21 Consulting Services Agreement scheduled for approval by the Dublin City Council.

RFQ Submittal Requirements
Please prepare and organize your Statement of Qualifications 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 Qualifications. Please note however that the RFQ submittal is limited to 10 pages maximum single sided and should be submitted on 8 ½ x 11 sized paper, in 12-point font. Page limit excludes a table of contents, tabbed dividers, resumes for Consultant’s team, and sample projects.

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

1. Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide surveying services. Be sure to identify both the project manager, with e-mail address and a direct telephone number, as well as the contract signatory, with name and title. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within the document and not as a separate page.

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. Public agency references are preferred.

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

5. Present proposed compensation rate schedule for services, with all costs built into rates. Rates may be increased at the beginning of each Fiscal Year. Late rate increase requests will not be accepted.

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

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

8. Firms shall indicate which services are proposed to be subcontracted out. Firms must request approval for all future changes to work assignments.
76 9. When e-mailing a PDF submission, due to file size, you may provide a link to sample project documents, including plan sets, technical provisions, and cost estimates for public agency projects other than Dublin.

10. Firms must submit either a list of clients you are doing business with Dublin or within Alameda County (see Conflict of Interest section, above) or provide a statement that Consultant has no conflict of interest with regard to services and will comply with the Conflict of Interest Statement within the RFQ.

Please provide an electronic copy of your Statement of Qualification to the City offices no later than Friday, May 3, 2024, by 4:00 p.m. The entire SOQ (excluding resumes) should be a maximum of 10 pages.

Submittals should be addressed as follows:

City of Dublin, Public Works Department
Attention: Julius Pickney, Management Analyst II
City of Dublin
100 Civic Plaza
Dublin, California 94568
[email protected]
SOQs received after the due date/time will NOT be accepted and will not be accepted for consideration.

Standard Consulting Agreement:

It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement will begin July 1, 2024.

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

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

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

Consideration for exceptions will not be considered if not included in the submitted proposal.

Conflict of Interest
Consultant 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.

Consultant must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating 77 within the City of Dublin limits, Dublin San Ramon Services District, U.S. 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.

Equal Employment Opportunity
Consultant 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 Consultant noncompliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Consultant may also be declared ineligible for further contracts with the City of Dublin.

Consultant 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. Consultant 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 RFQ 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
78 References
Contractor must include three (3) references for which the company has provided services similar to those described in this RFQ. Reference information shall include: Name, Address, Contact, Title, Phone Number, and Term of the Contract. Public agency references are preferred.

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 RFQ. 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.

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 the 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 RFQ. 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 Consultant
The submitted Statement of Qualifications will be evaluated and scored using the following criteria:
• Qualifications and specific experience of key project team members. • Experience with engagement of similar scope and complexity. • Satisfaction of previous clients.
• Cost of providing the consultant services for this project. 79 Scope of Services
Surveying
• Provide staff augmentation services.
• Review parcel maps, final maps, lot mergers, lot line adjustments, and plat maps and legal descriptions for technical accuracy, including review of boundary, cover sheet certificates, closure calculations, monuments, easements, and cross-referencing improvement plans in accordance with the Subdivision Map Act, City Subdivision Ordinance, and surveying standards of practice. • Provide a licensed land surveyor and/or civil engineer to sign and approve parcel and final maps for technical correctness on behalf of the City as Acting City Surveyor. • Prepare plat maps and legal descriptions for acquisition areas. • Conduct topographic surveys, process field data, and produce topographic maps. • GPS data collection, inventory management, and GIS integration. • Research record documentation defining existing right-of-way. Prepare right-of-way maps. • Calculate record locations of pertinent boundary monumentation for use in field survey work. • Conduct field right-of-way surveys to locate boundary evidence. • Perform boundary analysis based on record and field data. • Perform topographic surveys for the design of capital projects. • Perform construction staking surveys.
• Conduct monument verifications.
80 Attachment A
Standard Professional Services Agreement
Attachment to RFP Removed for July 16, 2024 Council Meeting 81 Attachment B
City of Dublin
Forced Ranking Rating Sheet
Instructions: After each review, write the name of the candidates in the boxes in ranked order of 1 through 5, with the number 1 candidate in the left column being the most qualified candidate. For example, candidate Smith’s name would be in the Rank 1 box after the first review, since that firm would be the only candidate so far. After candidate Jones is reviewed in the second review, then decide which of the two candidates – Smith or Jones – should be ranked #1 and #2. As reviews continue, re-rank the applicants as appropriate.

Rank 1
Firm 1 Rank 2
Firm 2 Rank 3
Firm 3 Rank 4
Firm 4 Rank 5
Firm 5 Rank 6
Firm 6 Rank 7
Firm 7 Rank 8
Firm 8 Rank 9
Firm 9 Rank 10
Firm 10 Rank 11
Firm 11 Rank 12
Firm 12 Rank 13
Firm 13 Rank 14
Firm 14 Rank 15
Firm 15 Rank 16
Firm 16 Rank 17
Firm 17 Rank 18
Firm 18 Rank 19
Firm 19
Proposal Category (circle one):

Civil Design/PM Development Review Surveying Transportation Planning Traffic Engineering Drafting/CAD Rater Name: _________________________________________________ Proposal Name: ______________________________________________ 82 ATTACHMENT C

TASK ORDER REQUIREMENTS
Prior to the approval of each Task Order issued by the City of Dublin Public Works Department, Consultant shall submit a formal letter, on letterhead and signed by an authorized official of the firm, containing a project Scope of Work and Budget.

Budgets approved as part of each task order will lock in rates for the duration of the project. 83 ON-CALL

SURVEYING SERVICES
Statement of Qualifications

CITY OF DUBLIN

05.03.2024
Attachment 4
84 Table of Contents
85 Kier + Wright | Page 3

TABLE OF CONTENTS
COVER LETTER ........................................................................5 QUALIFICATIONS + EXPERIENCE....................................7 REFERENCES........................................................................... 11 KEY STAFF.................................................................................13 RATE SCHEDULE...................................................................21 APPROACH TO COMPLETING A CAPITAL PROJECT...23
ACKNOWLEDGMENTS.......................................................27 City Standard Agreement..............................................................................................................27 Conflict of Interest..............................................................................................................................27 *Please note that this submission contains 10 pages counting towards the total content. 86 Cover Letter
87 2850 Collier Canyon Road
Livermore, CA 94551
925.245.8788
www.kierwright.com
May 3, 2024
Julius Pickney
Management Analyst II
100 Civic Plaza, Dublin, CA 94568
[email protected]
RE: On-Call Surveying Services
Dear Julius,
With its strategic location, excellent amenities, and strong sense of community spirit, Dublin is a dynamic hub of opportunity and growth in the Bay Area. The city intricately weaves together elements of culture, innovation, and progress while steadfastly upholding its commitment to security, enhancing quality of life, and fostering new avenues for development. Boasting an efficient public transportation network featuring two BART stations, the city ensures seamless connectivity for both residents and visitors. Dublin’s allure extends further as it emerges as a nucleus for tech and software enterprises, with esteemed companies like Zeiss, TriNet, and Snowflake calling it home, thereby attracting top talent and innovators to its shores. This convergence of robust public transit and a burgeoning tech landscape epitomizes Dublin’s dynamic essence, showcasing its embrace of tradition alongside innovation.

These advancements also highlight the challenges associated with fulfilling the infrastructure and resource needs outlined in The City of Dublin’s 2024-2028 Capital Improvements Plan.

Creating an interconnected urban experience with safe gathering areas and safe shared streets requires not only the creative vision to plan for future needs, but a team that can work collaboratively with the city to help achieve these important goals. Our long history of working in and for the City of Dublin allows us a unique opportunity to engage as an extension of your team.

Ultimately, we are here to serve you and the broader Dublin community, and we take this responsibility to heart. If you need any additional information, please feel free to contact our proposesd Project Manager, Dean Jurado, directly.

Sincerely,
Joe Thompson, PLS Dean Jurado, PLS
Vice President Associate
[email protected] [email protected] 88
Qualifications +
Experience
89 Kier + Wright | Page 7
1972
Founded
9 Offices
215
Employees
32 Licensed
Civil Engineers
14 Licensed
Land Surveyors
100+
LEED Certified
Projects

FIRM OVERVIEW
Since 1972, K+W has been delivering quicker and better results to municipalities and agencies with high-quality, cost-effective, efficient land surveying and civil engineering services.

Above all else, we value human connection. We operate
with a relentless focus on building and strengthening
relationships. Our solutions-driven team is committed to working collaboratively with our clients to deliver solutions to even the most complex project challenges.

K+W understands that on-call contracts have a wide range of timelines, scopes, and budgets. We are prepared to
be flexible and move at a fast pace to meet the City’s
milestones when required. Our strong staff of surveyors, engineers, and technicians are very acquainted with being allocated as needed to meet demanding timelines. We
have over 200 employees, giving us the capacity to work on multiple projects operating in parallel to meet concurrent submittal deadlines with quality design.

LAND SURVEYING SERVICES
Many design firms provide surveying services as a means to support their civil engineering projects. At K+W, land surveying is, and always has been, so much more than a
foundation for our designs—it’s a core component of the services that we offer. We work with our clients to understand their goals, project schedule and specific project needs.

By understanding how a survey will be used, we are able to prepare a precise survey scope, resulting in a finished product that is complete, economical and reliable.

RAPID RESPONSE
K+W has a 48 hour mobilization window from any Notice
To Proceed. Typical turnaround times are 2-3 weeks or
more depending on the size and scope of each survey
task varying with project size and complexity. Our track record of swift, effective responses to emergencies and critical projects underlines our commitment to meeting
the City of Dublin’s dynamic needs with precision and
efficiency. K+W understands that a need for rapid response to task orders might occur. K+W knows this well and has operated with these expectations easily in the past.
90 City of Dublin | On-Call Surveying Services

PUBLIC ON-CALL EXPERIENCE
The chart below shows agencies where K+W
currently holds active on-call civil design,
survey, or map review contracts. Our team is
accustomed to working on a task-order basis
and has developed processes that streamline
scheduling and the allocation of resources for
on-call task orders. We have supported many
of these agencies for multiple years, some for
over 20 years. This repeat business is due to
our ability to provide quick, accurate, and cost
saving services. These agencies rely on our
team for a wide range of survey and mapping
tasks. We know what public agencies need and
we continually exceed expectations.

Agency Served Since
Topographic SurveyAerial SurveyBoundary SurveysPlats + Legal ROW SurveyMappingConstruction Staking City of Dublin 2016
City of Livermore 2002
City of Pleasanton 1998
Alameda County Public Works Agency 2001
Alameda County Zone 7 Water Agency 2000
City of Alameda 2016
City of Antioch 2021
City of Burlingame 2018
City of Hayward 2014
City of Milpitas 2016
City of Newark 2016
City of Oxnard 2019
City of Port Hueneme 2017
City of San Leandro 2016
City of Thousand Oaks 2017
City of Walnut Creek 2o16
City of Sunnyvale 2020
Midpeninsula Open Space District 2002
Ventura County General Services Agency 2016

ACTIVE ON-CALL

PUBLIC CLIENTS
91 92
References
93 REFERENCES
K+W has provided comprehensive surveying services
on public works projects throughout the Bay Area,
central California, and southern California for decades.

Public clients include the Contra Costa County, City
and County of San Francisco, Zone 7 Water Agency,
City of Livermore, City of Fremont, Lawrence Livermore
National Laboratory, and Sandia National Laboratories
to name a few.

We offer land surveying services to support projects from planning through construction. By knowing what to expect and having the creativity to adapt when confronted with the unforeseeable, our team of experienced engineering
professionals delivers permits and approvals on schedule and consistently provides our clients with practical,
constructible, quality construction documents.

ROBERT ALONZO
• City of Milpitas (2016 - Present)
• 408.586.3316
• [email protected]
• K+W has completed more than 40 on-call tasks
for Milpitas, most of which have been map review/
certification projects.

IAN WILSON
• Alameda County (2001 - Present)
• 510.670.5495
• [email protected]
• K+W has completed over 200 task orders, which
have included topographic surveying, mapping,
bathymmetric survey, construction staking, map
review, boundary surveying, 3D scanning and staff
augmentation.

ADAM NELKIE
• City of Pleasanton (1998 - Present)
• 925.931.5675
• [email protected]
• K+W was responsible for survey project
management, field survey work, AutoCAD 3D
drafting and data compilation, and management of
underground utility locating and aerial surveying.

Kier + Wright | Page 11
The K+W team is
knowledgeable,
professional,
responsive,
cost-effective,
and a pleasure
to work with. Daniel Anderson AMB
Senior Vice President
(Retired)
94 Key Staff
95 Kier + Wright | Page 13
To support this contract, K+W has assembled a
team of professionals with deep expertise and
a proven track record of ingenuity, collaborating
effectively, and rapidly responding to client needs.

The K+W team is committed to providing the
best surveying services to the City of Dublin.

Joe Thompson, the Principal responsible for
overseeing all land surveying and mapping
services provided from K+W’s Livermore office,
will be our contract manager. He will support task
orders on a supervisory level, will provide internal
QA/QC review during topographic survey and
mapping task orders, and will be responsible
for ensuring that our survey managers have the
resources needed to continue providing the city
with consistent, efficient, cost-effective service.

Dean Jurado, our proposed Project Manager
and day-to-day contact, will be responsible for
managing any map review task orders and all
other survey task orders issued under this contract.

With 39 years of land surveying experience, Dean
is extremely well-versed in all types of public
or on-call surveying tasks.

Kc Keller, will serve as a Senior Project Surveyor
and will work with Dean on any survey tasks. His
experience with land surveying services makes
him the ideal candidate to work with this team.

Gerry Hammond, will be the Construction Staking
Manager. Gerry has many years of experience
and has managed multiple on-call survey task
orders completed for a variety of California public
agencies over the last decade. He will work
directly with Joe and Dean on tasks as needed.

Our core team will be supported by a qualified
team of field surveyors, draft technicians, and
project coordinators, ensuring the City of Dublin
the highest quality survey in a timely manner.

SUBCONSULTANTS

COOPER AERIAL - PHOTOGRAMMETRY
For any task orders where our in-house drone aerial
photogrammetry are prohibited from mobilizing,
K+W will utilize Cooper Aerial Surveys. Our Project
Managers will directly coordinate with Cooper
to schedule flights as needed.

Cooper Aerial boasts a well-connected staff
of photogrammetrists, imagery specialists,
project managers, marketing, traditional survey
experts, aerial imagery collection experts, and
GIS specialists.

They provide professional photogrammetric
mapping and imagery services for a variety of
industries to governmental, engineering, and
developmental organizations throughout the
United States, Mexico, and Canada.

AIRX - UNDERGROUND UTILITY LOCATING
AirX is a Class A General Engineering and C-31
Traffic Control California Licensed Contractor that
specializes in Subsurface Utility Engineering. As
a pioneer in the industry, AirX has provided SUE
services in California for over 23 years. Airx is a
one-stop-shop for underground utility locating,
potholing, traffic control, and utility mapping needs.

Airx combines several strategies to provide
accurate depictions of the subsurface to eliminate
unknown factors and ensure project success.

KEY STAFF
96 City of Dublin | On-Call Surveying Services
CAPACITY + AVAILABILITY
We understand that if selected, we are required
to enter into a written contract with the City
of Dublin. K+W is prepared to be flexible and
accommodating to meet the City’s needs and
will be able to assemble the team within one
week of signing the final contract.

K+W is prepared to be flexible and move at
a fast pace to meet the City milestones per
task order given. Our strong staff of engineers,
surveyors, and technicians are very acquainted
with being allocated as needed to meet
demanding timelines.

Our extensive experience with quick turnarounds,
especially in responding to critical infrastructure
needs and teaming with selected sub-consultants,
positions K+W as a prime candidate for the City’s
selected project. Our rapid response framework,
coupled with our technical and operational flexibility, caters to both anticipated and emergent project
requirements.

The following chart summarizes the teams
anticipated 2024 project workload highlighting
primary projects for each of the core team
members.

K+W Personnel Primary Project Commitments 1st Qtr 2nd Qtr 3rd Qtr 4th Qtr Joe Thompson
Pacific Gateway, Tracy, CA 10% 5% 5% 5%
Dublin Commons, Dublin, CA 10% 10% 10% 5%
Pleasanton Labs, Pleasanton, CA 10% 10% 5% 20%
Petroglyph, Valencia County, NM 15% 15% 10% 5%
World Logistics Center, Moreno Valley, CA 15% 15% 10% 10% Dean Jurado
Town of Los Gatos, On-Call Survey, Los Gatos, CA 5% 5% 5% 5% Pacific Gateway, Tracy, CA 5% 5% 5% 5%
Pacific Gateway, Moreno Valley, CA 10% 10% 10% 10%
Dublin Commons, Dublin, CA 5% 10% 10% 5%
Rexford 1 & 2, Ducor, CA 10% 10% 5% 10%
Rod Stewart
Monterey Road, Santa Clara, CA 15% 10% 10% 5%
Raging Waters, Sacramento, CA 10% 5% 5% 5%
Tahoe Academy, Tahoe City, CA 5% 5% 5% 5%
NBS, Mountain View, CA 5% 5% 5% 5%
Hummingbird, San Jose, CA 5% 5% 5% 5%
Kc Keller
Primex Farms, Wasco, CA 10% 5% 5% 10%
Pleasanton Labs, Pleasanton, CA 5% 10% 5% 20%
Combs Street, Napa, CA 5% 5% 10% 15%
McCarthy Blvd. Milpitas, CA 10% 5% 5% 15%
Petroglyph, Valencia County, NM 5% 10% 10% 5%
Gerry Hammond
World Logistics Center, Moreno Valley, CA 15% 15% 10% 10% Graton Casino Expansion, Rohnert Park, CA 15% 15% 10% 10% International Park of Commerce, Tracy, CA 10% 10% 10% 10% Espalande Subdivision, Sacramento, CA 10% 10% 5% 5%
580 Dubuque, South San Francisco, CA 10% 10% 5% 5%
97 Kier + Wright | Page 15

JOE THOMPSON, PLS
Principal Surveyor
Joe has over 25 years of surveying experience for land development projects.

He regularly oversees on-call and public surveying task orders of every kind. Joe is known for rapidly responding to our on-call contract clients and understanding K+W’s role as an extension of City staff. Under his leadership, K+W’s on-call contract client list has grown at a rapid rate, which is a testament to his superior management.

Under this contract, he will serve as QA/QC for all task orders as well as manage the overall contract. He will work closely with Deanand Rod and will also serve as another point of contact to the City, in addition to Dean.

PROJECT EXPERIENCE
City of Dublin On-Call MapChecking, Dublin, CA
City of Dublin
City of Pleasanton On-Call,
Pleasanton, CA
City of Pleasanton
7200 Amador Plaza Road Retail
Development, Dublin, CA
Tekin + Associates
Sybase HQ Sewer Improvements,
Dublin, CA
Black Creek Group
Dublin Senior Living, Dublin, CA
South Bay Partners
Arroyo Mocho Survey,
Pleasanton, CA
Zone 7 Water Agency
El Charro Specific Plan
Infrastructure Master Planning,
Livermore, CA
City of Livermore
City of Livermore MixedUse Downtown Master Plan
Improvements, Livermore, CA
City of Livermore
Robert Livermore Park Solar
Canopy Project,
Livermore, CA
LARPD
Downtown Specific Plan
Improvements, Livermore, CA
City of Livermore
Railroad Ave. + S. Livermore Ave.

Street Improvements,
Livermore, CA
City of Livermore
I Street Garage, Livermore, CA
City of Livermore
Robert Livermore Park Solar
Canopy Project,
Livermore, CA
LARPD
Licenses + Registrations
PLS, California
Years Experience
25 98
City of Dublin | On-Call Surveying Services

DEAN JURADO, PLS
Associate | Survey Project Manager (Primary Contact)
Dean Jurado has 39 years of land surveying experience. Specialties include on-call map-checking for municipal agencies, topographic surveys, and ALTA surveys. Particular areas of expertise include right-of-way surveys, records of survey, well surveys, boundary resolutions and condominium maps. He is currently an acting town surveyor for the Town of Los Gatos and an acting city surveyor for Milpitas, Dublin, Burlingame, and Walnut Creek. In late 2019, Dean served as the interim county surveyor for the Alameda County Public Works Agency.

Dean brings directly relevant experience delivering surveying services on water infrastructure improvement projects working directly with public utilities and public and private developers.

PROJECT EXPERIENCE
City of Dublin On-Call MapChecking, Dublin, CA
City of Dublin
Alameda Creek + Arroyo De La
Agua at Highway 84 Right-ofWay Survey, Sunol, CA
Alameda County Zone 7
Water Agency
Downtown Specific Plan
Improvements, Livermore, CA
City of Livermore
Downtown Specific Plan
Improvements, Livermore, CA
City of Livermore
D Street 3D Scanning,
Hayward, CA
Alameda County Public Works
#30 Stockton Street Bus Route,
San Francisco, CA
San Francisco Public Works
Larkey Park + Rudgear Park
Bocce Court Topographic Survey,
Walnut Creek, CA
City of Walnut Creek
3D Scanning for Moffett Tower
Bldg 4+5, Sunnyvale, CA
Facebook
Newark Civic Center, Newark, CA
City of Newark
Town of Los Gatos On-Call MapChecking, Los Gatos, CA
Town of Los Gatos
City of Milpitas On-Call MapChecking, Milpitas, CA
City of Milpitas
City of Burlingame On-Call MapChecking, Burlingame, CA City of Burlingame
Earthquakes MLS Stadium,
San Jose, CA
San Jose Earthquakes
Licenses + Registrations
PLS, California
Years Experience
39 99
Kier + Wright | Page 17
Licenses + Registrations
PLS, California
Years Experience
25 ROD STEWART II, PLS
Senior Associate | Senior Land Surveyor
Rod’s 25 years of land surveying experience includes supervision of construction surveying, boundary surveying, mapping, and subdivision work related to land development. He has managed on-call survey task orders completed for a variety of Bay Area public agencies, including the Alameda County Zone 7 Water Agency, the Alameda County Public Works Agency, and the cities of San Leandro, Alameda, Dublin and Pleasanton. He will be responsible for overseeing the field package, managing our subconsultants, and ensuring that field survey operations are scheduled and conducted in conformance with the project budget, goals and schedule.

As the Senior Surveyor, Rod will work closely with Dean and will be available for surveying support services as needed.

PROJECT EXPERIENCE
Owens/Hopyard Road Widening,
Pleasanton, CA
City of Pleasanton
Stanley Blvd. + Bernal Ave.

Pedestrian Improvements,
Pleasanton, CA
City of Pleasanton
Zone 7 Subsidence Level Runs,
Pleasanton, CA
Alameda County Zone 7
Water Agency
Zone 7 Tri-City GPS Control
Network, Alameda County, CA
Alameda County Zone 7
Water Agency
Alameda Creek Channel Survey,
Fremont, CA
Alameda County Public Works
Fremont Civic Center Ph. I,
Fremont, CA
City of Fremont
Basins 2 + 3, San Mateo Public
Works Department,
San Mateo, CA
City of San Mateo
Howard Street Topographic
Survey, San Francisco, CA
City of San Francisco
San José-Santa Clara Regional
Wastewater Facility Aerial
Topographic Survey,
San Jose, CA
City of San Jose
Santa Clara Civic Center
Improvements, Santa Clara, CA
City of Santa Clara
Newark Civic Center, Newark, CA
City of Newark
Sidney Ave, Kappa Ave + Rose
Drive Rehabilitation Projects,
San Leandro, CA
City of San Leandro
100
City of Dublin | On-Call Surveying Services

KC KELLER, PLS
Lead Project Surveyor
Education
B.S. Geomatics Engineering
CSU Fresno
Licenses + Registrations
PLS, California
Years Experience
10 PROJECT EXPERIENCE
Westin Hotel, Dublin, CA
LN Hospitality
Short Term Ace Train Station
Parking,
Pleasanton, CA
City of Pleasanton
Zone 7 Line Repairs,
Pleasanton, CA
Zone 7 Water Agency
Robert Livermore Park Solar
Canopy Project, Livermore, CA
LARPD
Stockmen’s Park, Livermore, CA
City of Livermore
Zone 7 Headquarters Monitoring,
Livermore, CA
Zone 7 Water Agency
Meridian Medical Office Building,
Castro Valley, CA
Meridian Property Company
Sportsfield Park Survey,
Newark, CA
City of Newark
City of Madera Wastewater
Treatment Plant Solar
Installation, Madera, CA
City of Madera
Madera Municipal Airport Solar
Installation, Madera, CA
City of Madera
Shafter Municipal Solar
Installations, Shafter, CA
City of Shafter
970 McLaughlin Industrial,
San Jose, CA
Seefried Industrial Properties
Kc Keller has been a part of K+W’s Livermore mapping department since 2013. His 10 years of land surveying experience includes survey drafting, mapping, and management of various survey tasks for a diverse range of land development and infrastructure improvement projects. Areas of expertise include complex boundary resolutions and the management, production and coordination of design-level topographic survey projects. As the lead project surveyor assigned to this project, Kc will be responsible for overseeing the dayto-day progress of survey work. He will coordinate with office survey technicians and drafters to ensure that work is completed in conformance with the project schedule.
101
Kier + Wright | Page 19

GERRY HAMMOND, PLS
Senior Associate | Construction Staking Manager
Gerry Hammon has 24 years of varied land surveying experience in Northern and Central California. Since 2016, Gerry has been responsible for the management of K+W’s Livermore field survey and construction staking operation. In this role, he oversees a department of over 20 staff, including field surveyors, survey coordinators, and construction survey administrative support personnel. He manages all construction staking estimating and scheduling activities handled out of Livermore.

Licenses + Registrations
PLS, California
PLS, Nevada
PLS, Idaho
Years Experience
24 PROJECT EXPERIENCE
Workday Headquarters,
Pleasanton, CA
Workday
Stanley Blvd./Bernal Ave.

Pedestrian Improvements,
Pleasanton, CA
City of Pleasanton
Krusi Park Pre-Fabricated Bldg,
Alameda, CA
City of Alameda
Millbrae Recreation Center,
Millbrae, CA
City of Millbrae
King Park Improvements,
San Mateo, CA
City of San Mateo
Newark Civic Center, Newark, CA
City of Newark
Sacramento Community Center
Theater Renovation,
Sacramento, CA
City of Sacramento
Sandia Livermore Parking
Expansion, Livermore, CA
Sandia National Laboratories
Legacy Livermore Mixed-Use,
Livermore, CA
Legacy Partners
The Veranda, Concord, CA
CenterCal Properties
102
Rate Schedule
103
Kier + Wright | Page 21
Kier + Wright Hourly Rates | Central - CONFIDENTIAL - www.kierwright.com

HOURLY RATE SCHEDULE
Effective March 1, 2024 through February 28, 2025
Principal ............................................................................................................................................................................................................$ 302.00 / Hour Principal Engineer .....................................................................................................................................................................................$ 274.00 / Hour Senior Engineer Manager.................................................................................................................................................................... $ 252.00 / Hour Technical Manager................................................................................................................................................................................... $ 252.00 / Hour Senior Engineer...........................................................................................................................................................................................$ 239.00 / Hour Engineer III .......................................................................................................................................................................................................$ 222.00 / Hour Engineer II.........................................................................................................................................................................................................$ 185.00 / Hour Engineer I..........................................................................................................................................................................................................$ 155.00 / Hour Senior Survey Construction Manager.........................................................................................................................................$ 246.00 / Hour Senior Land Surveyor.............................................................................................................................................................................$ 246.00 / Hour Project Surveyor III....................................................................................................................................................................................$ 220.00 / Hour Project Surveyor II......................................................................................................................................................................................$ 178.00 / Hour Project Surveyor I .......................................................................................................................................................................................$ 152.00 / Hour Survey Coordinator....................................................................................................................................................................................$ 210.00 / Hour Engineering Tech III .................................................................................................................................................................................$ 200.00 / Hour Engineering Tech II....................................................................................................................................................................................$ 181.00 / Hour Engineering Tech I....................................................................................................................................................................................$ 169.00 / Hour Draftsman / Survey Tech III................................................................................................................................................................$ 155.00 / Hour Draftsman / Survey Tech II.................................................................................................................................................................$ 128.00 / Hour Draftsman / Survey Tech I ...................................................................................................................................................................$ 117.00 / Hour 3-Man Survey Crew..................................................................................................................................................................................$ 435.00 / Hour 2-Man Survey Crew..................................................................................................................................................................................$ 344.00 / Hour 1-Man Survey Crew...................................................................................................................................................................................$ 212.00 / Hour Testimony (Trial or Deposition)........................................................................................................................................................$ 589.00 / Hour Project Coordinator III..............................................................................................................................................................................$ 144.00 / Hour Project Coordinator II ...............................................................................................................................................................................$ 127.00 / Hour Project Coordinator I.................................................................................................................................................................................$ 110.00 / Hour Engineering / Survey Intern .................................................................................................................................................................$ 64.00 / Hour 3D Laser Scanning Crew .......................................................................................................................................................................$ 421.00 / Hour All blueprinting and reproduction will be billed at cost plus 10%.

Time spent for preparation for testimony will be billed in accordance with the above hourly rates. 104
Approach to Completing
a Capital Project
105
Kier + Wright | Page 23

PROJECT APPROACH
At the heart of our project delivery is the idea of continual team communication + innovation reinforced and strengthened
by all team members participating in a shared workflow
that re-affirms the project vision. The K+W team has an outstanding record of success in helping public agencies deliver capital improvement projects. From initial surveying through final construction, our team understands the
importance of maintaining proactive project coordination and project management. At K+W, this effort utilizes a
number of management tools that include:

A work plan to coordinate staffing requirements with required deliverables; a responsibility matrix to define what is expected of each team member; a project schedule to coordinate
project tasks, deliverables and milestones; presentations + meetings with distributed meeting notes to communicate
project progress and build broad-based support; and weekly in-house meetings to assess project progress.

We will schedule a kick-off discussion with the City of Dublin at the onset to understand the project goals, challenges, budget constraints, and timelines. We will also utilize this opportunity to propose any alternatives or separate task items that may benefit the project or provide a cost savings to the City of Dublin.

Next, we will draft a detailed scope of services. This scope will provide a detailed outline of the project including approach, timeline, deliverables, and project details. Once a detailed scope of services is completed, we utilize a spreadsheet to break down the fee on a task-by-task basis.

Fees will outline estimated hours, material cost if any, and a task based/overall fee. From our experience, we find
public agencies have a specific format for estimating that works well with their estimation and billing systems. We will follow this format to ensure a seamless integration of our proposal with City standards.
“. . . our best oncall surveyors to
date. The other
firms are not
responsive like
K+W.”

JEFF TANG
ZONE 7 WATER AGENCY
106

TYPICAL ON-CALL SAMPLE SCHEDULE
We anticipate that a typical schedule for an on-call
contract for land surveying would include the following key tasks + deliverables with the estimated time frames for each once a notice to proceed is received. Please
note that the sample schedule below designates when
client reviews would take place but does not add these
to the timeline since these reviews range in time.

TOPOGRAPHIC SURVEY SAMPLE SCHEDULE (WEEKS)
1 2 3 4

1. Utility Research 2-4 Weeks

2. Field Survey 2 Weeks

3. Preparation of the Topographic Drawing 1 Week

4. Site Walk 1 Week

5. Design-Level Topographic Survey Total 3-4 Weeks
1 2
3 4
5 Client Reviews
107
Kier + Wright | Page 25 108
Acknowledgments
109
Kier + Wright | Page 27

ACKNOWLEDGEMENTS

CITY STANDARD AGREEMENT
K+W has read and understands the City’s Standard
Consulting Agreement and Insurance requirements
and has the ability to meet these requirements.

CONFLICT OF INTEREST
K+W has no conflict of interest with regard to
services and will comply with the Conflict of
Interest Statement within the RFQ.
110
Kier + Wright
2850 Collier Canyon Rd.

Livermore, CA 94551
925.245.8788
www.kierwright.com
111

STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.3
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in Salary for City Councilmembers
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

The City Council will consider adopting an ordinance revising the Dublin Municipal Code to provide for a salary adjustment for City Councilmembers following certification of the November 2024 General Municipal Election. The City Council waived the first reading and introduced the ordinance at the meeting on May 21, 2024. The City Council is now being asked to waive the second reading and adopt the ordinance.

STAFF RECOMMENDATION:

FINANCIAL IMPACT:

Sufficient funds are included in the Fiscal Year 2024-25 and 2025-26 budgets to cover the increase.

DESCRIPTION:

Government Code Section 36516 allows a general law city to provide a salary to City Councilmembers and an increase in compensation is allowed by ordinance.

Changes to Government Code Section 36516 became effective January 1, 2024, after the adoption of SB329. The legislation increased the starting amount for salaries approved by ordinance based on population of the city. With a population between 50,000 and 75,000, the City can set salaries by ordinance up to and including $1,600 per month.

The Dublin City Council last adjusted salaries for the Mayor in April 2022 and the City Council in 112

Page 2 of 2 ends

December 2022. The City Council salaries became effective after the November 2022 election. The salary for City Councilmembers is currently set at $1,416.82 per month. Dublin Municipal Code Section 2.08.40 provides an additional amount to the Mayor that is equivalent to half (50%) of the City Councilmember salary per month. The Mayor’s current salary is $2,124.23 per month.

At the February 20, 2024, meeting, the City Council approved Staff’s recommendation to increase the City Councilmember salary to the amount allowed by Government Code 36516. The City Council waived the reading and introduced the attached draft Ordinance (Attachment 1) to increase the City Councilmember salary to $1,600 per month at the meeting on May 21, 2024. The City Council is now being asked to waive the second reading and adopt the ordinance.

In accordance with Dublin Municipal Code Section 2.08.020B and State Law, the increase would not be effective until newly elected Councilmembers are sworn into office following certification of the November 2024 election. The attached ordinance will become effective 30 days after its adoption, and at that time, the Mayor will begin receiving half of the new amount. However, the Mayor will also continue to receive the base amount of $1,416.82 until the certification of the November 2024 election.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Ordinance Rescinding and Replacing Ordinance No. 6-82 Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council 2) Senate Bill 329
3) Government Code Section 36516
4) Dublin Municipal Code Section 2.08.020 and 2.08.040
113
Attachment 1
Ord No XX-24, Item No. X.X Adopted XX/XX/XXXX Page 1 of 2 ORDINANCE NO. xx – 24

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
RESCINDING AND REPLACING ORDINANCE NO. 6-82 AMENDING DUBLIN MUNICIPAL CODE SECTION 2.08.020 AND PROVIDING FOR AN INCREASE IN THE SALARY

FOR MEMBERS OF THE CITY COUNCIL
WHEREAS, Ordinance No. 6-82 established salaries for members of the City Council, as amended by Ordinances No. 22-85, 8-87, 4-88, 3-89, 1-90, 6-91, 23-99, 7-02, 7-04, 3-06, 5-08, 2-12, 10-16, 07-18,10-20, and 4-22; and
WHEREAS, Government Code Section 36516(a) allows a general law city to provide a salary to City Councilmembers. The salary increase shall become effective when new Councilmembers are sworn into office following the certification of the November 2024 General Municipal Election and is payable at the same time and in the same manner as the salary paid to the officers and employees of the City; and
WHEREAS, an increase in the salary to $1,600 a month is authorized by Section 36516 in cities with a population over 50,000 up to and including 75,000. The City of Dublin’s population as estimated in the May 1, 2024, California Department of Finance report is 72,917.

NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:

Section 1. Ordinance No. 6-82 is rescinded and replaced with this Ordinance.

Section 2. Chapter 2.08.020, Subsection A of the Dublin Municipal Code is hereby amended to read as follows: Pursuant to Section 36516 of the Government Code which provides that a City Council may enact an ordinance providing that each member of the City Council shall receive a salary which shall be determined by a schedule of population for cities, the members of the City Council shall receive a salary of one thousand six hundred dollars ($1,600) per month.

Section 3. Effective Date. The City Councilmember salary increase shall become effective when new Councilmembers sworn into office following the certification of the November 2024 General Municipal Election.

Section 4: Effective Date and Posting of Ordinance. This Ordinance shall take effect and be in force thirty (30) days from and after the date of the passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. {Signatures on the following page}
114
Ord No XX-24, Item No. X.X Adopted XX/XX/XXXX 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
115
Senate Bill No. 329
CHAPTER 27
An act to amend Section 36516 of the Government Code, relating to local government.
[Approved by Governor June 29, 2023. Filed with Secretary of State June 29, 2023.]
legislative counsel’s digest
SB 329, Dodd. Cities: city council members: compensation.

Existing law authorizes a city council to enact an ordinance to provide each member of the city council a salary based upon the population of the city, as specified. Existing law authorizes that amount to be increased by the city council by an amount that does not exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted. Existing law provides for the procedures by which a city may enact ordinances.

This bill would increase the maximum amount of salary, based upon the population of the city, that may be approved by an ordinance passed by the city council, as specified. The bill would authorize the salary of council members to be increased beyond the specified maximums to an amount not exceeding the greater of either 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted, or an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10% for each calendar year. The bill would require the city council to consider the adoption of an ordinance to increase council member compensation in open session during at least 2 regular meetings of the city council.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) The compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation.
(b) Allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.

SEC. 2. Section 36516 of the Government Code is amended to read:
96 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Attachment 2
116
36516. (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).
(2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventyfive dollars ($1,275) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month. (D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month. (E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.
(B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year.
(5) No ordinance shall be enacted or amended to provide automatic future increases in salary.
(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount 96 Ch. 27—2 —
117
of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section. (f) A city council member may waive any or all of the compensation permitted by this section.
(g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council.
(2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting.
(3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.

O
96 — 3 — Ch. 27
118
State of California

GOVERNMENT CODE
Section 36516
36516. (a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).
(2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C) In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month. (D) In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month. (E) In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F) In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A) An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.
(B) An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5) No ordinance shall be enacted or amended to provide automatic future increases in salary.
(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Attachment 3
119
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.
(e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by this section.
(g) (1) For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council.
(2) At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation.

The ordinance shall not be adopted at the first meeting. (3) At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.
(Amended by Stats. 2023, Ch. 27, Sec. 2. (SB 329) Effective January 1, 2024.) 120

2.08.020 Salary for members established.

A. Pursuant to Section 36516 of the Government Code which provides that a city council may enact an ordinance providing that each member of the city council shall receive a salary which shall be determined by a schedule of population for cities, the members of the City Council shall receive a salary of one thousand four hundred sixteen dollars and eighty-two cents ($1,416.82) per month.

B. No Councilmember shall be eligible to receive the increase provided herein until one (1) or more Councilmembers begin a new term of office. (Ord. 4-22 § 1; Ord. 10-20 § 2; Ord. 7-18 § 2; Ord. 10-16 § 2; Ord. 2-12 § 2; Ord. 17-09 § 1 (part): Ord. 5-08 § 2; Ord. 3-06 § 2; Ord. 7-04 § 2; Ord. 7-02 § 2; Ord. 23-99 § 2; Ord. 6- 91 § 2; Ord. 1-90 § 2; Ord. 3-89 §§ 2, 3: Ord. 4-88 §§ 2, 3: Ord. 8-87 §§ 3, 4: Ord. 22-85 § 3: Ord. 6, 1982)

2.08.040 Mayor’s salary.

The Mayor shall receive a monthly salary equivalent to half (50%) of the City Councilmember salary amount set forth in Section 2.08.020(A), in addition to that which he/she receives as a Councilmember. (Ord. 4-22 § 2; Ord. 17-09 § 1 (part): Ord. 13-92 § 2)
The Dublin Municipal Code is current through Ordinance 8-23, passed December 19, 2023.

Page 1 of 1 ends

Attachment 4
121

STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.4
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Tracts 8646, 8648, and 8671 Francis Ranch – Final Map Notice and Agreement for Long Term Encroachment for Landscape Features Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:

The City Council will receive a notification of the City Engineer’s pending approval of the Final Maps for Tracts 8646, 8648, and 8671, Francis Ranch. The City Council will consider approving Agreements for Long Term Encroachment for Landscape Features for Tracts 8646, 8648, and 8671, Francis Ranch.

STAFF RECOMMENDATION:

FINANCIAL IMPACT:

There is no impact to the General Fund. All costs associated with the agreements are borne by the developer.

DESCRIPTION:

The Francis Ranch development (formerly known as East Ranch) is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern city boundary. The development is being subdivided into six neighborhoods. The developer has prepared final maps, Tracts 8646, 8648, and 8671, for Neighborhoods 2 and 4. In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the following:
122

Page 2 of 2 ends

City Engineer’s pending decision on the following Final Maps:

Tract Location Developer Number of
Units/Lots
Type Proposed
Decision
8646 Francis Ranch,
Neighborhood 2
West
TH East Ranch
Dublin, LLC
45 Lots Single Family Approve
8648 Francis Ranch,
Neighborhood 4
Taylor Morrison of
California, LLC
85 Lots Single Family Approve
8671 Francis Ranch,
Neighborhood 2
East
TH East Ranch
Dublin, LLC
53 Lots Single Family Approve
Agreement for Long Term Encroachment for Landscape Features The Agreement for Long Term Encroachment for Landscape Features provides for the Homeowners’ Association to maintain project-related landscape and decorative features within the public street rights-of-way along all public streets within the neighborhoods, including landscape plantings, irrigation, sidewalks, street trees, and decorative or stamped pavement. The project conditions of approval require these agreements prior to approval of the final maps.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8646, Francis Ranch
2) Exhibit A to the Resolution – Agreement for Long Term Encroachment for Landscape Features with Tract 8646, Francis Ranch
3) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8648, Francis Ranch
4) Exhibit A to the Resolution – Agreement for Long Term Encroachment for Landscape Features with Tract 8648, Francis Ranch
5) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8671, Francis Ranch
6) Exhibit A to the Resolution – Agreement for Long Term Encroachment for Landscape Features with Tract 8671, Francis Ranch
7) Tract 8646 Final Map
8) Tract 8648 Final Map
9) Tract 8671 Final Map
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Attachment 1
Reso. No. XX-24, Item X.X, Adopted 07/16/24 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8646, FRANCIS RANCH
WHEREAS, a Vesting Tentative Map for Tract 8563, Francis Ranch was approved by City Council Resolution No. 140-21 on December 7, 2021, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project-related landscape features within the public street rights-of-way; and WHEREAS, said Conditions of Approval required the developer to enter into an Agreement for Long Term Encroachments for the maintenance of said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct the required Tract improvements, including said landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features for Tract 8646, Francis Ranch, attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract 8646 Final Map.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Long Term Encroachment for Landscape Features for Tract 8646, Francis Ranch, 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.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Mayor
ATTEST:
____________________________________
City Clerk
124
1 Recording Requested By:

CITY OF DUBLIN
When Recorded Mail To:

City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383

AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8646,
Francis Ranch

THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8646 (“Agreement”) is made between the City of Dublin (“City”) on the one hand, and TH East Ranch Dublin LLC, a California limited liability company (the “Contractor”), and Arroyo Cap IV-3, LLC, a Delaware limited liability company (the “Owner”), on the other hand.

1. Property: The subject property is Tract 8646 as filed in Book ____ of Maps at Pages _________, in the Official Records of the County of Alameda, State of California (“Property”).

2. Owner: Owner is the owner of Tract 8646, Francis Ranch (“Project”).

3. Contractor: Owner has contracted with Contractor to construct various infrastructure and related improvements consistent with Vesting Tentative Map and Improvement Plans for Francis Ranch Tract 8646, including the Landscape Features (as defined below).

Construction details for these Landscape Features are shown on the following plans:
a. Improvement Plans for Francis Ranch, Tract 8646 Neighborhood 2 West, prepared by MacKay & Somps, approved by the City Engineer on _________; and
b. Landscape Plans for East Ranch Tract 8646 Neighborhood 2 Production Home Typicals, prepared by Gates +Associates, approved by the City Engineer on _________.

Attachment 2
125
2 The scope of the improvements covered under the agreement is shown on the attached Exhibit “A”. For avoidance of doubt, the parties agree that Owner and Contractor are each separately obligated to construct, operate and maintain the Landscape Features in accordance with the provisions of this Agreement. “Developer”, as used herein, is the person that actually constructs, operates and maintains the Landscape Features.

5. Encroachment Permit: Developer shall apply to the City for an encroachment permit for work to be performed pursuant to this Agreement. The City must grant the encroachment permit for all work to install, operate and maintain the Landscape Features improvements and all the conditions imposed by the City must be consistent with the provisions of this Agreement. If there is a conflict between any provisions of this Agreement and the encroachment permit, the provisions of this Agreement shall prevail over the conditions of the encroachment permit.

6. Ownership: Owner shall own all special Landscape Features, including but not limited to sidewalk, plantings, irrigation, street trees, etc.

7. Operations and Maintenance: Developer shall maintain and repair all the Landscape Features, including all frontage landscape plantings, irrigation, sidewalks, street trees, and decorative/stamped pavement within the designated areas, in a safe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense, including electric power and water cost. Developer will be responsible at its sole cost to replace or repair any Landscape Feature damaged or removed during the maintenance or repair of sewer, water, drainage or utility improvements by the City, Dublin San Ramon Services District or utility company, unless such damage or removal is caused by the negligence, gross negligence or willful misconduct of the City, Dublin San Ramon Services District or utility company. The City will maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter, drainage improvements, traffic signs and striping, and streetlights in the public right of way.

8. Removal or Relocation: If future improvements proposed by the City conflict with any of the Landscape Features, the City may remove or reasonably relocate the Landscape Feature to another location within the Property, at its sole cost. If any of the Landscape Features are relocated, the City, Owner, and Contractor will execute a modification to this Agreement to reflect the maintenance and operations at its new location. Provided, however, the City is under no obligation to relocate any of the Landscape Features.

9. Insurance: Developer shall obtain and maintain in effect a combined single limit policy of liability insurance not less than one million dollars ($1,000,000) covering the Landscape Features improvements and shall name the City as an additional insured.

126
3 10. Indemnification: Developer shall indemnify, defend and hold the City harmless from and against any and all loss, claims, liability damage or expense or cost the City may incur or become liable for or for which a claim is made by a third party, directly arising from the negligence, gross negligence or willful misconduct of Developer arising out of Developer’s construction, maintenance or operations of the Landscape Features unless caused by the negligence, gross negligence or willful misconduct of the City, its agents, contractors or employees.

11. Permanent: The Landscape Features and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity and are appurtenant to the Property.

12. Right to Assign: Following the completion of the construction and installation of the Landscape Features, Owner and Developer may assign any or all of their rights, interests and obligations arising under this Agreement to the Homeowners’ Association for Tract 8646 or to a successor in interest of Owner (including Contractor) with respect to all or a portion of the Project; provided, however, that no such assignment of the rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten (10) days after Owner’s notice thereof, provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment.

13. Successors and Assigns: Each reference to the “City” in this Agreement shall be deemed to refer to and include the City and all successors and assigns of City. All references to the “Owner” in this Agreement shall be deemed to refer to and include any successors in ownership and title.

14. Notices: Any notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery if delivered personally to the party to whom notice is to be given (including messenger or recognized delivery or courier service), upon delivery if given by electronic mail (email) or on the second day after mailing, if mailed to the party to whom notice is to be given, by first-class mail, postage prepaid, and properly addressed as follows:

City:

City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651
Attn: City Manager

127
4 Owner:
c/o Arroyo Cap IV-3, LLC, a Delaware limited liability company Attn: Jeffrey Brouelette
Email: [email protected]
18575 Jamboree Road, Suite 350
Irvine, CA 92612
Contractor:

TH East Ranch LLC
Attn: Legal Department
Email: [email protected]
3001 Bishop Dr. 3100
San Ramon, CA 94583
With a copy to:

Jackson Tidus
Attn: Sonia Lister, Esq.
2030 Main Street, 12th Floor
Irvine, CA 92614

15. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full body of this Agreement.

16. Partial Invalidity: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.

17. Entire Agreement: This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and cannot be amended or modified except by a written agreement, executed by each of the parties hereto.

18. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument.

128
5 Dated this ___________ day of ______________________, 202__.

CITY:

THE CITY OF DUBLIN,
a municipal corporation
By: ______________________
City Manager

CONTRACTOR:

TH EAST RANCH DUBLIN LLC,
a California limited liability company
By: ______________________________
Name: ___________________________
Title: ____________________________
Dated: ___________________
OWNER:

ARROYO CAP IV-3, LLC,
a Delaware limited liability company
By: Arroyo Cap IV-2, LLC,
a Delaware limited liability company
its sole member
By: Arroyo Capital IV, LLC,
a Delaware limited liability company
its sole member
By: ___________________________
Name: ___________________________
Title: ___________________________
Dated: ___________________

129
92 93 94 95 96 97 98 99 100 91 90 89 88 87 86 85 84 75 73 74 79 76 77 78 81 80 82 13 10 11 12 15 14 16 69 68 67 66 65 64 63 62 PARCEL C 61 60 59 58 57 PARCEL B 56 27 33 28 29 30 31 18 25 32 26 17 55 54 52 53 39 35 36 45 38 37 51 50 49 48 47 46 42 44 43 40 41 101 PARCEL G PARCEL D PARCEL E 34 21 22 23 24 20 19 8 1 2 3 4 5 6 7 9 83 MJR 2 PARCEL F 72 70 71 MJR 1 PARCEL A 37 27 MJR 30 40 35 36 3839 34 33 322931 22 24 23 21 28 26 44 25 50 47 48 49 52 51 53 46 42 41 43 45 5 6 78910 11 12 13 14 15 16 1 2 3 4 20 19 25 13 20 3 34 31 413837 4039 444342 45 MJR A 32 28 29 33 36 35 27 23 24 26 17 18 19 22 21 11 12 15 14 16 10 9 8 7 6 5 4 2 PARCEL A 1 30 PARCEL B PARCEL A PARCEL C 17 PARCEL B 18 52 39 27 MJR 78 68 5049 6665 67 63 71 64 70 86 89 88 87 84 85 90 83 82 81 80 79 76 77 75747372 91 58 51 59 54 566061 53 5762 55 47 4138 434546 40 48 37 44 42 26 34 2925 3135 28 323336 30 6 12 10 9 11 7 3 5 4 2 1 17 19 15 18 22 2021 24 23 16 14 13PARCEL A 8 69 92 PARCEL D MJR 41 51 50 53 55 PARCEL I 36 35 39 45 44 43 46 PARCEL K49 4847 PARCEL L 56 PARCEL M 5259 54575862 34 37 74 38 67 42 66 61 60 PARCEL N 63 70 PARCEL O PARCEL P 71 64 68 65 72 69 73 PARCEL F PARCEL E PARCEL C PARCEL B PARCEL A 10 2281951841511411 7632212017161312 23 PARCEL G 24 25 32 29 26 27 PARCEL H 3128 3330 PARCEL R PARCEL W 86 PARCEL S PARCEL T 88 85 83 89 84 82 80 PARCEL U 93 81 98 PARCEL Q797875 76 PARCEL V 96 77 97 8790919495 PARCEL X 9 40 PARCEL J 35 MJR 7164 837653 59 24 21 13 1 2 3 4 5 6 7 8 10 11 12 PARCEL C 16 14 PARCEL D 4849 4647 45 44 43 404142 80 81 85 82 84 50 51 52 55 54 56 62 63 66 65 67 73 72 69 70 68 74 75 78 77 79 PARCEL F 60 5857 30 37 36 34 39 27 28 29 32 31 33 26 25 23 19 22 20 61 9 15 38 PARCEL A PARCEL B 17 18 PARCEL E 68666564 63 67 61 62 54 56 58 6028 27 26 24 25 59 57 55 36 35 31 29 30 33 34 42 41 40 39 38 43 44 50 49 48 47 46 45 51 3 4 5 6 7 8 2 21 22 PARCEL A 19 20 17 18 13 12 11 10 9 16 15 14 5253 23 32 72 1 70 69 73 71 37 LEGEND:TRACT BOUNDARY HARDSCAPE (AREA = 22,537± SF) CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE & IRRIGATION (AREA = 535± SF) CITY OWNED AND MASTER HOA MAINTAINED SHEET 2 130
PARCEL A 21 89 10 11 12 13 14 15 16 20 19 25 13 20 3 34 31 41 37 38 39 40 4442 43 45 MJR A 32 28 29 33 36 35 27 23 24 26 17 18 19 22 21 11 12 15 14 16 10 9 8 7 6 5 4 2 PARCEL A 1 30 PARCEL B PARCEL A PARCEL C 17 18 53 49 48 50 51 52 55 54 56 5857 LANDSCAPE AREA (TYP.) LEGEND:TRACT BOUNDARY HARDSCAPE (AREA = 22,537± SF) CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE & IRRIGATION (AREA = 535± SF) CITY OWNED AND MASTER HOA MAINTAINED 131
Attachment 3
Reso. No. XX-24, Item X.X, Adopted 07/16/24 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8648, FRANCIS RANCH
WHEREAS, a Vesting Tentative Map for Tract 8563, Francis Ranch was approved by City Council Resolution No. 140-21 on December 7, 2021, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project-related landscape features within the public street rights-of-way; and WHEREAS, said Conditions of Approval required the developer to enter into an Agreement for Long Term Encroachments for the maintenance of said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct the required Tract improvements, including said landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features for Tract 8648, Francis Ranch, attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract 8648 Final Map.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Long Term Encroachment for Landscape Features for Tract 8648, Francis Ranch, 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.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Mayor
ATTEST:
____________________________________
City Clerk
132
DocuSign Envelope ID: 481 A22C6-43DE-4576-95DC-48D52700829D Recording Requested By:

CITY OF DUBLIN
When Recorded Mail To:

City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383

AGREEMENTFORLONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8648,
Francis Ranch

THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8648 ("Agreement") is made between the City of Dublin ("City") on the one hand, and TH East Ranch Dublin LLC, a California limited liability company (the "Contractor"), and TAYLOR MORRISON OF CALIFORNIA, LLC, a California limited liability company (the "Owner"), on the other hand.

1. Property: The subject property is Tract 8648 as filed in Book __ of Maps at Pages ___ _, in the Official Records of the County of Alameda, State of California ("Property").

2. Owner: Owner is the owner of Tract 8648, Francis Ranch ("Project").

3. Contractor: Owner has contracted with Contractor to construct various infrastructure and related improvements consistent with Vesting Tentative Map and Improvement Plans for Francis Ranch Tract 8648, including the Landscape Features (as defined below).

4. Landscape Features: Owner or Contractor, as part of the Project, anticipates the construction of Project related landscape features within the City's rights of ways on the following streets within Tract 8648: Eleanor Loop, Margaret Way, Michael Avenue, Muir Road, Murray Avenue, and Williamson Street (collectively, the "Landscape Features"). Construction details for these Landscape Features are shown on the following plans:
a. Improvement Plans for Francis Ranch, Tract 8648 Neighborhood 4, prepared by MacKay & Somps, approved by the City Engineer on ____ ; and b. Landscape Plans for East Ranch Tract 8648 Neighborhood 4, prepared by Gates + Associates, approved by the City Engineer on ____ ; and 1 Attachment 4
133
134
135
136
137
92 93 94 95 96 97 98 99 100 91 90 89 88 87 86 85 84 75 73 74 79 76 77 78 81 80 82 13 10 11 12 15 14 16 69 68 67 66 65 64 63 62 PARCEL C 61 60 59 58 57 PARCEL B 56 27 33 28 29 30 31 18 25 32 26 17 55 54 52 53 39 35 36 45 38 37 51 50 49 48 47 46 42 44 43 40 41 101 PARCEL G PARCEL D PARCEL E 34 21 22 23 24 20 19 8 1 2 3 4 5 6 7 9 83 MJR 2 PARCEL F 72 70 71 MJR 1 PARCEL A 37 27 MJR 30 40 35 36 3839 34 33 322931 22 24 23 21 28 26 44 25 50 47 48 49 52 51 53 46 42 41 43 45 5 6 78910 11 12 13 14 15 16 17 18 1 2 3 4 20 19 PARCEL B 25 13 20 3 34 31 413837 4039 444342 45 MJR A 32 28 29 33 36 35 27 23 24 26 17 18 19 22 21 11 12 15 14 16 10 9 8 7 6 5 4 2 PARCEL A 1 30 PARCEL B PARCEL A PARCEL C 52 39 27 MJR 78 68 5049 6665 67 63 71 64 70 86 89 88 87 84 85 90 83 82 81 80 79 76 77 75747372 91 58 51 59 54 566061 53 5762 55 47 4138 434546 40 48 37 44 42 26 34 2925 3135 28 323336 30 6 12 10 9 11 7 3 5 4 2 1 17 19 15 18 22 2021 24 23 16 14 13PARCEL A 8 69 92 PARCEL D MJR 41 51 50 53 55 PARCEL I 36 35 39 45 44 43 46 PARCEL K49 4847 PARCEL L 56 PARCEL M 5259 54575862 34 37 74 38 67 42 66 61 60 PARCEL N 63 70 PARCEL O PARCEL P 71 64 68 65 72 69 73 PARCEL F PARCEL E PARCEL C PARCEL B PARCEL A 10 2219181514118541 2120171613127632 23 PARCEL G 24 25 32 29 26 27 PARCEL H 3128 3330 PARCEL R PARCEL W 86 PARCEL S PARCEL T 88 85 83 89 84 82 80 PARCEL U 93 81 98 PARCEL Q797875 76 PARCEL V 96 77 97 8790919495 PARCEL X 9 40 PARCEL J 35 MJR 7164 837653 59 24 21 13 1 2 3 4 5 6 7 8 10 11 12 PARCEL C 16 14 PARCEL D 474849 4546 44 43 40 4142 80 81 85 82 84 50 51 52 55 54 56 62 63 66 65 67 73 72 69 70 68 74 75 78 77 79 PARCEL F 60 5857 30 37 36 34 39 27 28 29 32 31 33 26 25 23 19 22 20 61 9 15 38 PARCEL A PARCEL B 17 18 PARCEL E 68666564 63 67 61 62 54 56 58 6028 27 26 24 25 59 57 55 36 35 31 29 30 33 34 42 41 40 39 38 43 44 50 49 48 47 46 45 51 3 4 5 6 7 8 2 21 22 PARCEL A 19 20 17 18 13 12 11 10 9 16 15 14 5253 23 32 72 1 70 69 73 71 37 LEGEND:TRACT BOUNDARY DECORATIVE HARDSCAPE (AREA = N/A) CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE (AREA = 28,834± SF) CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE & IRRIGATION (AREA = 1,631± SF) CITY OWNED AND MASTER HOA MAINTAINED SHEET 2 SHEET 3 138
35 24 21 13 3 4 5 6 7 8 10 11 12 PARCEL C 16 14 PARCEL D 30 37 36 34 39 27 28 29 32 31 33 26 25 23 19 22 20 9 15 38 17 18 PARCEL E SEE SHEET 3 LEGEND:TRACT BOUNDARY DECORATIVE HARDSCAPE (AREA = N/A) CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE (AREA = 28,834± SF) CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE & IRRIGATION (AREA = 1,631± SF) CITY OWNED AND MASTER HOA MAINTAINED 139
5 6 7 89 10 11 12 4 PARCEL B 13 20 4443 45 17 18 19 22 21 11 12 15 14 16 10 9 8 7 PARCEL C MJR 71 64 8376 53 59 1 2 49 48 47 46 45 44 43 42 4140 80 81 85 82 84 50 51 52 55 54 56 62 63 66 65 67 73 72 69 70 68 74 75 78 77 79 PARCEL F 60 5857 61 PARCEL A PARCEL B LANDSCAPE AREA (TYP.) SEE SHEET 2 LEGEND:TRACT BOUNDARY DECORATIVE HARDSCAPE (AREA = N/A) CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE (AREA = 28,834± SF) CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE & IRRIGATION (AREA = 1,631± SF) CITY OWNED AND MASTER HOA MAINTAINED 140
Attachment 5
Reso. No. XX-24, Item X.X, Adopted 07/16/24 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8671, FRANCIS RANCH
WHEREAS, a Vesting Tentative Map for Tract 8563, Francis Ranch was approved by City Council Resolution No. 140-21 on December 7, 2021, with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project-related landscape features within the public street rights-of-way; and WHEREAS, said Conditions of Approval required the developer to enter into an Agreement for Long Term Encroachments for the maintenance of said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct the required Tract improvements, including said landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features for Tract 8671, Francis Ranch, attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract 8671 Final Map.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Long Term Encroachment for Landscape Features for Tract 8671, Francis Ranch, 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.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Mayor
ATTEST:
____________________________________
City Clerk
141
1 Recording Requested By:

CITY OF DUBLIN
When Recorded Mail To:

City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383

AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 8671,
Francis Ranch

THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH TRACT 8671 (“Agreement”) is made between the City of Dublin (“City”) on the one hand, and TH East Ranch Dublin LLC, a California limited liability company (the “Contractor”), and Arroyo Cap IV-3, LLC, a Delaware limited liability company (the “Owner”), on the other hand.

1. Property: The subject property is Tract 8671 as filed in Book ____ of Maps at Pages _________, in the Official Records of the County of Alameda, State of California (“Property”).

2. Owner: Owner is the owner of Tract 8671, Francis Ranch (“Project”).

3. Contractor: Owner has contracted with Contractor to construct various infrastructure and related improvements consistent with Vesting Tentative Map and Improvement Plans for Francis Ranch Tract 8671, including the Landscape Features (as defined below).

4. Landscape Features: Owner or Contractor, as part of the Project, anticipates the construction of Project related landscape features within the City’s rights of ways on the following streets within Tract 8671: Byrne Street, Humphreys Way, Langley Road, Sill Avenue, and Wren Street (collectively, the “Landscape Features”). Construction details for these Landscape Features are shown on the following plans:
a. Improvement Plans for Francis Ranch, Tract 8671 Neighborhood 2 East, prepared by MacKay & Somps, approved by the City Engineer on _________; and
b. Landscape Plans for East Ranch Tract 8671 Neighborhood 2 Production Home Typicals, prepared by Gates +Associates, approved by the City Engineer on _________.

Attachment 6
142
2 The scope of the improvements covered under the agreement is shown on the attached Exhibit “A”. For avoidance of doubt, the parties agree that Owner and Contractor are each separately obligated to construct, operate and maintain the Landscape Features in accordance with the provisions of this Agreement. “Developer”, as used herein, is the person that actually constructs, operates and maintains the Landscape Features.

6. Ownership: Owner shall own all special Landscape Features, including but not limited to sidewalk, plantings, irrigation, street trees, etc.

143
3 10. Indemnification: Developer shall indemnify, defend and hold the City harmless from and against any and all loss, claims, liability damage or expense or cost the City may incur or become liable for or for which a claim is made by a third party, directly arising from the negligence, gross negligence or willful misconduct of Developer arising out of Developer’s construction, maintenance or operations of the Landscape Features unless caused by the negligence, gross negligence or willful misconduct of the City, its agents, contractors or employees.

11. Permanent: The Landscape Features and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity and are appurtenant to the Property.

12. Right to Assign: Following the completion of the construction and installation of the Landscape Features, Owner and Developer may assign any or all of their rights, interests and obligations arising under this Agreement to the Homeowners’ Association for Tract 8671 or to a successor in interest of Owner (including Contractor) with respect to all or a portion of the Project; provided, however, that no such assignment of the rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager, which approval shall not be unreasonably withheld, conditioned or delayed. The City Manager shall consider and decide on any assignment within ten (10) days after Owner’s notice thereof, provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment.

City:

City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651

144
4 Attn: City Manager
Owner:
c/o Arroyo Cap IV-3, LLC, a Delaware limited liability company Attn: Jeffrey Brouelette
Email: [email protected]
18575 Jamboree Road, Suite 350
Irvine, CA 92612
Contractor:

TH East Ranch LLC
Attn: Legal Department
Email: [email protected]
3001 Bishop Dr. 3100
San Ramon, CA 94583
With a copy to:

Jackson Tidus
Attn: Sonia Lister, Esq.
2030 Main Street, 12th Floor
Irvine, CA 92614

15. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full body of this Agreement.

145
5 Dated this ___________ day of ______________________, 202__.

CITY:

THE CITY OF DUBLIN,
a municipal corporation
By: ______________________
City Manager

CONTRACTOR:

146
92 93 94 95 96 97 98 99 100 91 90 89 88 87 86 85 84 75 73 74 79 76 77 78 81 80 82 13 10 11 12 15 14 16 69 68 67 66 65 64 63 62 PARCEL C 61 60 59 58 57 PARCEL B 56 27 33 28 29 30 31 18 25 32 26 17 55 54 52 53 39 35 36 45 38 37 51 50 49 48 47 46 42 44 43 40 41 101 PARCEL G PARCEL D PARCEL E 34 21 22 23 24 20 19 8 1 2 3 4 5 6 7 9 83 MJR 2 PARCEL F 72 70 71 MJR 1 PARCEL A 37 27 MJR 30 40 35 36 3839 34 33 322931 22 24 23 21 28 26 44 25 50 47 48 49 52 51 53 46 42 41 43 45 5 6 78910 11 12 13 14 15 16 1 2 3 4 20 19 25 13 20 3 34 31 413837 4039 444342 45 MJR A 32 28 29 33 36 35 27 23 24 26 17 18 19 22 21 11 12 15 14 16 10 9 8 7 6 5 4 2 PARCEL A 1 30 PARCEL B PARCEL A PARCEL C 17 PARCEL B 18 52 39 27 MJR 78 68 5049 6665 67 63 71 64 70 86 89 88 87 84 85 90 83 82 81 80 79 76 77 75747372 91 58 51 59 54 566061 53 5762 55 47 4138 434546 40 48 37 44 42 26 34 2925 3135 28 323336 30 6 12 10 9 11 7 3 5 4 2 1 17 19 15 18 22 2021 24 23 16 14 13PARCEL A 8 69 92 PARCEL D MJR 41 51 50 53 55 PARCEL I 36 35 39 45 44 43 46 PARCEL K49 4847 PARCEL L 56 PARCEL M 5259 54575862 34 37 74 38 67 42 66 61 60 PARCEL N 63 70 PARCEL O PARCEL P 71 64 68 65 72 69 73 PARCEL F PARCEL E PARCEL C PARCEL B PARCEL A 10 2281951841511411 7632212017161312 23 PARCEL G 24 25 32 29 26 27 PARCEL H 3128 3330 PARCEL R PARCEL W 86 PARCEL S PARCEL T 88 85 83 89 84 82 80 PARCEL U 93 81 98 PARCEL Q797875 76 PARCEL V 96 77 97 8790919495 PARCEL X 9 40 PARCEL J 35 MJR 7164 837653 59 24 21 13 1 2 3 4 5 6 7 8 10 11 12 PARCEL C 16 14 PARCEL D 4849 4647 45 44 43 404142 80 81 85 82 84 50 51 52 55 54 56 62 63 66 65 67 73 72 69 70 68 74 75 78 77 79 PARCEL F 60 5857 30 37 36 34 39 27 28 29 32 31 33 26 25 23 19 22 20 61 9 15 38 PARCEL A PARCEL B 17 18 PARCEL E 68666564 63 67 61 62 54 56 58 6028 27 26 24 25 59 57 55 36 35 31 29 30 33 34 42 41 40 39 38 43 44 50 49 48 47 46 45 51 3 4 5 6 7 8 2 21 22 PARCEL A 19 20 17 18 13 12 11 10 9 16 15 14 5253 23 32 72 1 70 69 73 71 37 LEGEND:TRACT BOUNDARY HARDSCAPE (AREA = 25,868± SF) CITY OWNED AND MASTER HOA MAINTAINED SHEET 3 SHEET 2 147
13 12 15 14 16 35 34 21 24 1 2 3 4 5 6 7 PARCEL A 27 MJR 40 29 22 24 23 21 28 26 44 25 50 47 48 49 52 51 53 46 42 41 43 45 11 12 13 14 15 16 20 19 9 8 7 6 PARCEL A PARCEL A 17 18 2 1 PARCEL A LEGEND:TRACT BOUNDARY HARDSCAPE (AREA = 25,868± SF) CITY OWNED AND MASTER HOA MAINTAINED SEE SHEET 3 148
8 9 37 MJR 30 40 35 36 3839 34 33 32 29 3128 44 42 41 43 45 5 6 7 89 10 11 12 13 14 1 2 3 4 PARCEL A PARCEL B 6 12 10 9 11 7 3 5 4 2 1 17 19 15 18 22 20 21 24 23 16 14 13 PARCEL A 8 PARCEL F LEGEND:TRACT BOUNDARY HARDSCAPE (AREA = 25,868± SF) CITY OWNED AND MASTER HOA MAINTAINED SEE SHEET 2 149
FALLON
DUBLIN

ALAMEDA COUNTY CONTRA COSTA COUNTY
ROAD
N. CANYONS PARKWAY COLLIER CANYON

DOOLAN ROAD
I-580
ARNOLD

DRIVESCARLETT DRIVE

HOPYARD
ROAD

DOUGHERTY
ROAD SAN RAMON VALLEY I-680
BLVD.

ROAD GLEASON DRIVE TASSAJARA ROAD

PLEASANTON
DRIVE
HACIENDA SANTA RITA I-580 ROAD
DUBLIN

BOULEVARD

CENTRAL

PARKWAY

EL CHARRO ROAD
FALLON
DUBLIN

ALAMEDA COUNTY CONTRA COSTA COUNTY
ROAD
N. CANYONS PARKWAY COLLIER CANYON

DOOLAN ROAD
I-580
ARNOLD

DRIVESCARLETT DRIVE
OWNER'S STATEMENT:

THE UNDERSIGNED DOES HEREBY STATE THAT HE/SHE/THEY IS/ARE THE OWNER OF ALL THE LANDS DELINEATED AND EMBRACED WITHIN THE TRACT BOUNDARY LINE OF THIS FINAL MAP ENTITLED: "TRACT 8646, FRANCIS RANCH, NEIGHBORHOOD 2 WEST, CROAK PROPERTY", CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA”, CONSISTING OF FOUR (4) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THEREOF; THAT HE/SHE/THEY CONSENT(S) TO THE PREPARATION AND FILING OF SAID MAP; THAT SAID MAP

DOES PARTICULARLY SETS FORTH AND DESCRIBES ALL THE LOTS INTENDED FOR SALE BY THEIR NUMBER AND PRECISE LENGTH AND WIDTH; AND THAT SAID MAP PARTICULARLY SETS FORTH AND DESCRIBES THE PARCELS OF LAND SO RESERVED FOR PUBLIC PURPOSES BY THEIR BOUNDARIES, COURSES, AND EXTENT.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE TO THE CITY OF DUBLIN FOR PUBLIC PURPOSES:

1. THE REAL PROPERTY DESIGNATED AS MARY WAY, MUIR ROAD, INGALLS WAY, WHITNEY AVENUE, AND WILLIAMSON STREET FOR PUBLIC RIGHT OF WAY PURPOSES.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF DUBLIN AS EASEMENTS FOR PUBLIC PURPOSES:

1. THE AREAS IN, UNDER, ALONG, AND ACROSS ANY AREA OR STRIP OF LAND DESIGNATED AS PUBLIC SERVICE EASEMENTS (PSE), AS DELINEATED AND EMBRACED WITHIN THE BOUNDARIES OF THE HEREIN EMBODIED MAP, ARE DEDICATED TO THE CITY OF DUBLIN FOREVER FOR THE "PURPOSES OF PUBLIC SERVICES" (AS HEREIN DEFINED). THE "PURPOSES OF PUBLIC SERVICES" SHALL INCLUDE THE CONSTRUCTION, RECONSTRUCTION, REMOVING, REPLACING, REPAIRING, MAINTAINING, OPERATING, AND USING "PUBLIC SERVICE FACILITIES" (AS DEFINED HEREIN), AND ACCESS THROUGH THE PUBLIC SERVICE EASEMENT FOR THESE PURPOSES. "PUBLIC SERVICE FACILITIES" SHALL INCLUDE PUBLIC UTILITIES, FIRE HYDRANTS,ELECTROLIERS, IRRIGATION SYSTEMS, SIGNS AND TRAFFIC SIGNALS, AND ALL NECESSARY APPURTENANCES THERETO SUCH AS BRACES, CONNECTIONS, FASTENINGS, APPLIANCES, AND FIXTURES FOR USE IN CONNECTION THEREWITH. ALL

PUBLIC SERVICE EASEMENTS SHALL BE KEPT OPEN AND FREE FROM BUILDINGS OR STRUCTURES OF ANY KIND, WITH THE SOLE EXCEPTION OF PUBLIC SERVICE FACILITIES. ALL PUBLIC SERVICE EASEMENTS SHALL BE CONSIDERED PUBLIC "WAYS" AS THAT TERM IS USED IN CALIFORNIA PUBLIC UTILITIES CODE SECTION 6202, AND ALL PUBLIC UTILITIES HOLDING A VALID

FRANCHISE FROM THE CITY SHALL HAVE THE RIGHT TO USE THE PUBLIC SERVICE EASEMENTS IN ACCORDANCE WITH THE TERMS OF THE FRANCHISE.

2. THE AREAS DESIGNATED AS PUBLIC ACCESS EASEMENT (PAE) FOR THE PURPOSE OF PEDESTRIAN INGRESS AND EGRESS.

MAINTENANCE OF SAID AREA SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION GOVERNING TRACT 8646.

AND THE UNDERSIGNED DOES HEREBY RESERVE FOR FUTURE DEDICATION TO THE FALLON VILLAGE GEOLOGIC HAZARDABATEMENT DISTRICT (GHAD), PARCEL A, AS SHOWN UPON SAID MAP, FOR THE PURPOSES OF THE ONGOING MAINTENANCE OF

OPEN SPACES AND REQUIRED GHAD ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE MAINTENANCE OF STORM DRAINAGE FACILITIES, BENCHES, BROW DITCHES, ROADS OR TRAILS, FENCING, WATER QUALITY CONTROL PONDS, AND SLOPES. SAID

PARCEL A TO BE CONVEYED BY SEPARATE INSTRUMENT TO THE FALLON VILLAGE GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) SUBSEQUENT TO THE FILING OF THIS FINAL MAP.

THE REAL PROPERTY DESIGNATED AS PRIVATE ACCESS EASEMENT (PRAE) IS FOR THE THE PURPOSE OF PRIVATE VEHICLE AND PEDESTRIAN INGRESS AND EGRESS AND PRIVATE UTILITIES. SAID EASEMENT IS NOT OFFERED FOR DEDICATION TO THE PUBLIC.

AND THE UNDERSIGNED DOES HEREBY RESERVE FOR FUTURE DEDICATION TO THE HOMEOWNERS ASSOCIATION PARCELS B AND C, AS SHOWN UPON SAID MAP. SAID PARCELS B AND C TO BE CONVEYED BY SEPARATE INSTRUMENT TO THE HOMEOWNERS ASSOCIATION SUBSEQUENT TO THE FILING OF THIS FINAL MAP.

THIS MAP SHOWS ALL EASEMENTS ON THE PREMISES AND/OR OF RECORD, WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP.

IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT ON THE ______ DAY OF _______________________, 2024.

AS OWNERS: ARROYO CAP IV-3, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: ARROYO CAP IV-2, LLC, A DELAWARE LIMITED LIABILITY COMPANY

ITS SOLE MEMBER
BY: ARROYO CAPITAL IV, LLC, A DELAWARE LIMITED LIABILITY COMPANY

ITS SOLE MEMBER
BY:

NAME:

TITLE:

CLERK OF THE BOARD OF SUPERVISORS' STATEMENT:

STATE OF CALIFORNIA)

COUNTY OF ALAMEDA)

I, ANIKA CAMPBELL-BELTON, CLERK OF THE BOARD OF SUPERVISORS FOR THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBY STATE, AS CHECKED BELOW, THAT:
□ AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF SAID COUNTY AND STATE IN THE AMOUNT OF $___________

CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES, APPROVED BY SAID LOCAL BOARD IN SAID AMOUNT.
□ ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN PAID AS CERTIFIED BY THE TREASURER-TAX COLLECTOR OF THE COUNTY OF ALAMEDA.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF ____________, 2024.

ANIKA CAMPBELL-BELTON BY:

CLERK OF THE BOARD OF SUPERVISORS DEPUTY COUNTY CLERKCOUNTY OF ALAMEDA, STATE OF CALIFORNIA COUNTY RECORDER'S STATEMENT:

FILED FOR RECORD THIS DAY OF , 2024 AT M., IN BOOK OF MAPS AT PAGES THROUGH , UNDER SERIES NO. 2024 AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA.

FEE: $_____________

MELISSA WILK

COUNTY RECORDER IN AND FOR THE COUNTY

OF ALAMEDA, STATE OF CALIFORNIA
BY:

DEPUTY
OWNER'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE

INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA

COUNTY OF )
ON , 2024, BEFORE ME , A NOTARY

PUBLIC, PERSONALLY APPEARED

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BYHIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THEPERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES: COMMISSION # OF NOTARY:

SOILS REPORT NOTE:

A GEOTECHNICAL REPORT, DATED DECEMBER 10, 2021, HAS BEEN PREPARED BY ENGEO INCORPORATED, JOB NO. 5101.001.002 "GEOTECHNICAL EXPLORATION", FOR THIS SUBDIVISION AND IS ON FILE WITH ALAMEDA COUNTY.

OPTIONEE'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL

WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA}
COUNTY OF }
ON , 2024, BEFORE ME , A NOTARY PUBLIC,

PERSONALLY APPEARED

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED

TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES: COMMISSION # OF NOTARY:

OPTIONEE'S STATEMENT:

THE UNDERSIGNED, TH EAST RANCH DUBLIN LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS OPTIONEE UNDER THE DOCUMENTS RECORDED ON SEPTEMBER 29, 2023, AS DOCUMENT NUMBER 2023111607, ON MARCH 29, 2024, AS DOCUMENT NUMBER 2024041809, AND ON MARCH 29, 2024, AS DOCUMENT NUMBER 2024041810 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA, DOES

HEREBY JOIN IN AND CONSENT TO THE FOREGOING OWNERS' STATEMENT AND ALL DEDICATIONS SHOWN HEREIN.

BY: _________________________________
NAME: _________________________________
TITLE: _________________________________
TRACT 8646
Attachment 7
150
ACTING CITY SURVEYOR'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP ENTITLED “TRACT 8646, FRANCIS RANCH, NEIGHBORHOOD 2 WEST, CROAK PROPERTY", AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT.

SIGNED: DATED: , 2024
SETH H. IRISH, PLS 5922, ACTING CITY SURVEYOR

CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
SURVEYOR'S STATEMENT:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE

REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF TRUMARK HOMES, LLC IN JANUARY OF 2022. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY,

AND THAT ALL THE MONUMENTS INDICATED HEREON ARE OF THE CHARACTER AND OCCUPY POSITIONS INDICATED HEREON OR WILL BE

SET WITHIN TWENTY FOUR MONTHS FROM RECORDATION OF THIS FINAL MAP, AND THE COMPLETION OF IMPROVEMENTS, AND WILL BESUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT THE GROSS AREA WITHIN THE TRACT IS 10.31 ACRES, MORE OR LESS.

DATED: , 2024

IAN BRUCE MACDONALD
LS NO. 8817
CITY ENGINEER'S STATEMENT:

I, LAURIE L. SUCGANG, CITY ENGINEER OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBY STATE THAT I HAVE EXAMINED THE HEREIN EMBODIED FINAL MAP ENTITLED “TRACT 8646, FRANCIS RANCH, NEIGHBORHOOD 2 WEST, CROAKPROPERTY", CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA”, CONSISTING OF FIVE (5) SHEETS, THIS STATEMENT BEING UPON SHEET TWO (2) THEREOF, AND THAT THE FINAL MAP WAS PRESENTED TO ME AS PROVIDED BY LOCAL ORDINANCE THIS ________ DAY OF _____________________, 20__, AND THAT THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL

ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE MAP AND THE SUBDIVISION AS SHOWN IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE VESTING TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT I

APPROVE SAID MAP AND ACCEPT, SUBJECT TO IMPROVEMENT, ON BEHALF OF THE CITY OF DUBLIN, MARY WAY, MUIR ROAD, INGALLS

WAY, WHITNEY AVENUE, AND WILLIAMSON STREET, PUBLIC ACCESS EASEMENT (PAE), AND PUBLIC SERVICE EASEMENT (PSE), OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION .

I FURTHER STATE THAT ALL AGREEMENTS AND SURETY REQUIRED BY LAW TO ACCOMPANY THE WITHIN FINAL MAP ARE APPROVED AND ARE FILED WITH THE CITY.

SIGNED: DATED: , 2024
LAURIE L. SUCGANG, CITY ENGINEER

CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
TRACT 8646
BENEFICIARY'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL

WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA}
COUNTY OF }
ON , 2024, BEFORE ME , A NOTARY PUBLIC,

PERSONALLY APPEARED

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED

TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES: COMMISSION # OF NOTARY:

BENEFICIARY'S STATEMENT:

THE UNDERSIGNED, WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION, AS BENEFICIARY UNDER THE DOCUMENT RECORDED ON MARCH 29, 2024, AS DOCUMENT NO. 2024041808 OF OFFICIALRECORDS OF ALAMEDA COUNTY, CALIFORNIA, DOES HEREBY JOIN IN AND CONSENT TO THE FOREGOING OWNERS' STATEMENT AND ALL DEDICATIONS SHOWN HEREIN.

BY: _________________________________
NAME: _________________________________
TITLE: _________________________________
151
TRACT 8646
152
TRACT 8646
153
TRACT 8646
154
FALLON
DUBLIN

ALAMEDA COUNTY CONTRA COSTA COUNTY
ROAD
N. CANYONS PARKWAY COLLIER CANYON

DOOLAN ROAD
I-580
ARNOLD

DRIVESCARLETT DRIVE

HOPYARD
ROAD

DOUGHERTY
ROAD SAN RAMON VALLEY I-680
BLVD.

ROAD GLEASON DRIVE TASSAJARA ROAD

PLEASANTON
DRIVE
HACIENDA SANTA RITA I-580 ROAD
DUBLIN

BOULEVARD

CENTRAL

PARKWAY

EL CHARRO ROAD
FALLON
DUBLIN

ALAMEDA COUNTY CONTRA COSTA COUNTY
ROAD
N. CANYONS PARKWAY COLLIER CANYON

DOOLAN ROAD
I-580
ARNOLD

DRIVESCARLETT DRIVE
OWNER'S STATEMENT:

THE UNDERSIGNED DOES HEREBY STATE THAT HE/SHE/THEY IS/ARE THE OWNER OF ALL THE LANDS DELINEATED AND EMBRACED WITHINTHE TRACT BOUNDARY LINE OF THIS FINAL MAP ENTITLED: "TRACT 8648, EAST RANCH, NEIGHBORHOOD 4, CROAK PROPERTY", CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA”, CONSISTING OF SIX (6) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THEREOF; THAT HE/SHE/THEY CONSENT(S) TO THE PREPARATION AND FILING OF SAID MAP; THAT SAID MAP DOES PARTICULARLY SETS FORTH AND DESCRIBES ALL THE LOTS INTENDED FOR SALE BY THEIR NUMBER AND PRECISE LENGTH AND WIDTH; AND THAT SAID MAP PARTICULARLY

SETS FORTH AND DESCRIBES THE PARCELS OF LAND SO RESERVED FOR PUBLIC PURPOSES BY THEIR BOUNDARIES, COURSES, AND EXTENT.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE TO THE CITY OF DUBLIN FOR PUBLIC PURPOSES:

1. THE REAL PROPERTY DESIGNATED AS ELEANOR LOOP, MARGARET WAY, MICHAEL AVENUE, MUIR ROAD, MURRAY AVENUE, WILLIAMSON STREET FOR PUBLIC RIGHT OF WAY PURPOSES.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF DUBLIN AS EASEMENTS FOR PUBLIC PURPOSES:

1. THE AREAS IN, UNDER, ALONG, AND ACROSS ANY AREA OR STRIP OF LAND DESIGNATED AS PUBLIC SERVICE EASEMENTS (PSE), AS

DELINEATED AND EMBRACED WITHIN THE BOUNDARIES OF THE HEREIN EMBODIED MAP, ARE DEDICATED TO THE CITY OF DUBLIN FOREVER FOR THE "PURPOSES OF PUBLIC SERVICES" (AS HEREIN DEFINED). THE "PURPOSES OF PUBLIC SERVICES" SHALL INCLUDE THE CONSTRUCTION, RECONSTRUCTION, REMOVING, REPLACING, REPAIRING, MAINTAINING, OPERATING, AND USING "PUBLIC SERVICE FACILITIES" (AS DEFINED HEREIN), AND ACCESS THROUGH THE PUBLIC SERVICE EASEMENT FOR THESE PURPOSES. "PUBLICSERVICE FACILITIES" SHALL INCLUDE PUBLIC UTILITIES, FIRE HYDRANTS, ELECTROLIERS, IRRIGATION SYSTEMS, SIGNS AND TRAFFICSIGNALS, AND ALL NECESSARY APPURTENANCES THERETO SUCH AS BRACES, CONNECTIONS, FASTENINGS, APPLIANCES, AND FIXTURES FOR USE IN CONNECTION THEREWITH. ALL PUBLIC SERVICE EASEMENTS SHALL BE KEPT OPEN AND FREE FROM BUILDINGS OR STRUCTURES OF ANY KIND, WITH THE SOLE EXCEPTION OF PUBLIC SERVICE FACILITIES. ALL PUBLIC SERVICE EASEMENTS SHALL BE CONSIDERED PUBLIC "WAYS" AS THAT TERM IS USED IN CALIFORNIA PUBLIC UTILITIES CODE SECTION 6202, AND ALL PUBLIC

UTILITIES HOLDING A VALID FRANCHISE FROM THE CITY SHALL HAVE THE RIGHT TO USE THE PUBLIC SERVICE EASEMENTS IN ACCORDANCE WITH THE TERMS OF THE FRANCHISE.

2. THE AREAS DESIGNATED AS PUBLIC ACCESS EASEMENT (PAE) FOR THE PURPOSE OF PEDESTRIAN INGRESS AND EGRESS.

MAINTENANCE OF SAID AREA SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION GOVERNING TRACT 8648.

AND THE UNDERSIGNED DOES HEREBY RESERVE FOR FUTURE DEDICATION TO THE GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD),

PARCELS E AND F, AS SHOWN UPON SAID MAP, FOR THE PURPOSES OF THE ONGOING MAINTENANCE OF OPEN SPACES AND REQUIRED

GHAD ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE MAINTENANCE OF STORM DRAINAGE FACILITIES, BENCHES, BROW DITCHES, ROADS OR TRAILS, FENCING, WATER QUALITY CONTROL PONDS, AND SLOPES. SAID PARCELS E AND F ARE TO BE CONVEYED BY SEPARATE INSTRUMENT TO THE GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) SUBSEQUENT TO THE FILING OF THIS FINAL MAP.

AND THE UNDERSIGNED DOES HEREBY RESERVE FOR FUTURE DEDICATION TO THE HOMEOWNERS ASSOCIATION PARCELS A, B, C, AND D,AS SHOWN UPON SAID MAP. SAID PARCELS A, B, C, AND D TO BE CONVEYED BY SEPARATE INSTRUMENT TO THE HOMEOWNERSASSOCIATION SUBSEQUENT TO THE FILING OF THIS FINAL MAP.

THIS MAP SHOWS ALL EASEMENTS ON THE PREMISES AND/OR OF RECORD, WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP.

IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT ON THE ______ DAY OF _______________________, 2024.

AS OWNERS: TAYLOR MORRISON OF CALIFORNIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY:

NAME:

TITLE:

CLERK OF THE BOARD OF SUPERVISORS' STATEMENT:

STATE OF CALIFORNIA)

COUNTY OF ALAMEDA)

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF ____________, 2024.

ANIKA CAMPBELL-BELTON BY:

CLERK OF THE BOARD OF SUPERVISORS DEPUTY COUNTY CLERKCOUNTY OF ALAMEDA, STATE OF CALIFORNIA COUNTY RECORDER'S STATEMENT:

FEE: $_____________
STEVE MANNING BY:

COUNTY RECORDER IN AND FOR THE COUNTY DEPUTY

OF ALAMEDA, STATE OF CALIFORNIA
OWNER'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO

SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA

COUNTY OF )
ON , 2024, BEFORE ME , A NOTARY PUBLIC,

PERSONALLY APPEARED WHO

PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE

WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES: COMMISSION # OF NOTARY:

ACTING CITY SURVEYOR'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP ENTITLED “TRACT 8648, EAST RANCH, NEIGHBORHOOD 4, CROAK PROPERTY", AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT.

DATED: , 2024
SETH H. IRISH, PLS 5922, ACTING CITY SURVEYOR

CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
SURVEYOR'S STATEMENT:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE

AND THAT ALL THE MONUMENTS INDICATED HEREON ARE OF THE CHARACTER AND OCCUPY POSITIONS INDICATED HEREON OR WILL

BE SET WITHIN TWENTY FOUR MONTHS FROM RECORDATION OF THIS FINAL MAP, AND THE COMPLETION OF IMPROVEMENTS, AND

WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT THE GROSS AREA WITHIN THE TRACT IS 16.75 ACRES, MORE OR LESS.

DATED: , 2024

IAN BRUCE MACDONALD
LS NO. 8817
SOILS REPORT NOTE:

A GEOTECHNICAL REPORT, DATED DECEMBER 10, 2021, HAS BEEN PREPARED BY ENGEO INCORPORATED, JOB NO. 5101.001.002 "GEOTECHNICAL EXPLORATION", FOR THIS SUBDIVISION AND IS ON FILE WITH ALAMEDA COUNTY.

BENEFICIARY'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL

WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA}
COUNTY OF }
ON , 2024, BEFORE ME , A NOTARY PUBLIC,

PERSONALLY APPEARED

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED

TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES: COMMISSION # OF NOTARY:

BENEFICIARY'S STATEMENT:

THE UNDERSIGNED, TH EAST RANCH DUBLIN LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS BENEFICIARY UNDER THE DOCUMENT RECORDED ON DECEMBER 20, 2023, AS DOCUMENT NO. 2023151234 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA, DOES HEREBY JOIN IN AND CONSENT TO THE FOREGOING OWNERS' STATEMENT AND ALL DEDICATIONS SHOWN HEREIN.

BY: _________________________________
NAME: _________________________________
TITLE: _________________________________
CITY ENGINEER'S STATEMENT:

I, LAURIE L. SUCGANG, CITY ENGINEER OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBY STATE THAT I HAVE EXAMINED THE HEREIN EMBODIED FINAL MAP ENTITLED “TRACT 8648, EAST RANCH, NEIGHBORHOOD 4, CROAK PROPERTY", CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA”, CONSISTING OF NUMBER SIX (6) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THEREOF, AND THAT THE FINAL MAP WAS PRESENTED TO ME AS PROVIDED BY LOCAL ORDINANCE THIS ________ DAY OF _____________________, 20__, AND THAT THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL

ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE MAP AND THE SUBDIVISION AS SHOWN IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE VESTING TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT I

APPROVE SAID MAP AND ACCEPT, SUBJECT TO IMPROVEMENT, ON BEHALF OF THE CITY OF DUBLIN, ELEANOR LOOP, MARGARET WAY,

MICHAEL AVENUE, MUIR ROAD, MURRAY AVENUE, WILLIAMSON STREET, PUBLIC ACCESS EASEMENT (PAE), AND PUBLIC SERVICE EASEMENT (PSE), OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION .

I FURTHER STATE THAT ALL AGREEMENTS AND SURETY REQUIRED BY LAW TO ACCOMPANY THE WITHIN FINAL MAP ARE APPROVED AND ARE FILED WITH THE CITY.

DATED: , 2024
LAURIE L. SUCGANG, RCE 73022

CITY ENGINEERCITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA TRACT 8648
Attachment 8
155
TRACT 8648
156
TRACT 8648
157
TRACT 8648
158
TRACT 8648
159
TRACT 8648
160
FALLON
DUBLIN

ALAMEDA COUNTY CONTRA COSTA COUNTY
ROAD
N. CANYONS PARKWAY COLLIER CANYON

DOOLAN ROAD
I-580
ARNOLD

DRIVESCARLETT DRIVE

HOPYARD
ROAD

DOUGHERTY
ROAD SAN RAMON VALLEY I-680
BLVD.

ROAD GLEASON DRIVE TASSAJARA ROAD

PLEASANTON
DRIVE
HACIENDA SANTA RITA I-580 ROAD
DUBLIN

BOULEVARD

CENTRAL

PARKWAY

EL CHARRO ROAD
FALLON
DUBLIN

ALAMEDA COUNTY CONTRA COSTA COUNTY
ROAD
N. CANYONS PARKWAY COLLIER CANYON

DOOLAN ROAD
I-580
ARNOLD

DRIVESCARLETT DRIVE
OWNER'S STATEMENT:

THE UNDERSIGNED DOES HEREBY STATE THAT HE/SHE/THEY IS/ARE THE OWNER OF ALL THE LANDS DELINEATED AND EMBRACED WITHINTHE TRACT BOUNDARY LINE OF THIS FINAL MAP ENTITLED: "TRACT 8671, FRANCIS RANCH, NEIGHBORHOOD 2 EAST, CROAK PROPERTY", CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA”, CONSISTING OF SEVEN (7) SHEETS, THIS STATEMENT BEING UPON SHEET ONE (1) THEREOF; THAT HE/SHE/THEY CONSENT(S) TO THE PREPARATION AND FILING OF SAID MAP; THAT SAID MAP DOES PARTICULARLY SETS FORTH AND DESCRIBES ALL THE LOTS INTENDED FOR SALE BY THEIR NUMBER AND PRECISE LENGTH AND WIDTH; AND THAT SAID MAP

PARTICULARLY SETS FORTH AND DESCRIBES THE PARCELS OF LAND SO RESERVED FOR PUBLIC PURPOSES BY THEIR BOUNDARIES, COURSES, AND EXTENT.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE TO THE CITY OF DUBLIN FOR PUBLIC PURPOSES:

1. THE REAL PROPERTY DESIGNATED AS BYRNE STREET, LANGLEY ROAD, HUMPHREYS WAY, SILL AVENUE, AND WREN STREET FOR PUBLIC RIGHT OF WAY PURPOSES.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED TO THE CITY OF DUBLIN AS EASEMENTS FOR PUBLIC PURPOSES:

1. THE AREAS IN, UNDER, ALONG, AND ACROSS ANY AREA OR STRIP OF LAND DESIGNATED AS PUBLIC SERVICE EASEMENTS (PSE), AS

UTILITIES HOLDING A VALID FRANCHISE FROM THE CITY SHALL HAVE THE RIGHT TO USE THE PUBLIC SERVICE EASEMENTS IN ACCORDANCE WITH THE TERMS OF THE FRANCHISE.

2. THE AREAS DESIGNATED AS PUBLIC ACCESS EASEMENT (PAE) FOR THE PURPOSE OF PEDESTRIAN INGRESS AND EGRESS.

MAINTENANCE OF SAID AREA SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION GOVERNING TRACT 8671.

AND THE UNDERSIGNED DOES HEREBY RESERVE FOR FUTURE DEDICATION TO THE HOMEOWNERS ASSOCIATION PARCELS A AND B AS SHOWN UPON SAID MAP. SAID PARCELS A AND B TO BE CONVEYED BY SEPARATE INSTRUMENT TO THE HOMEOWNERS ASSOCIATIONSUBSEQUENT TO THE FILING OF THIS FINAL MAP.

THIS MAP SHOWS ALL EASEMENTS ON THE PREMISES AND/OR OF RECORD, WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP.

IN WITNESS WHEREOF, THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT ON THE ______ DAY OF _______________________, 2024.

AS OWNERS: ARROYO CAP IV-3, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: ARROYO CAP IV-2, LLC, A DELAWARE LIMITED LIABILITY COMPANY

ITS SOLE MEMBER
BY: ARROYO CAPITAL IV, LLC, A DELAWARE LIMITED LIABILITY COMPANY

ITS SOLE MEMBER
BY:

NAME:

TITLE: CLERK OF THE BOARD OF SUPERVISORS' STATEMENT:

STATE OF CALIFORNIA)

COUNTY OF ALAMEDA)

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _____ DAY OF ____________, 2024.

ANIKA CAMPBELL-BELTON BY:

CLERK OF THE BOARD OF SUPERVISORS DEPUTY COUNTY CLERKCOUNTY OF ALAMEDA, STATE OF CALIFORNIA COUNTY RECORDER'S STATEMENT:

FEE: $_____________

MELISSA WILK

COUNTY RECORDER IN AND FOR THE COUNTY

OF ALAMEDA, STATE OF CALIFORNIA
BY:

DEPUTY
OWNER'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE

INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA

COUNTY OF )
ON , 2024, BEFORE ME , A NOTARY

PUBLIC, PERSONALLY APPEARED

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES: COMMISSION # OF NOTARY:

SOILS REPORT NOTE:

A GEOTECHNICAL REPORT, DATED DECEMBER 10, 2021, HAS BEEN PREPARED BY ENGEO INCORPORATED, JOB NO. 5101.001.002 "GEOTECHNICAL EXPLORATION", FOR THIS SUBDIVISION AND IS ON FILE WITH ALAMEDA COUNTY.

OPTIONEE'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL

WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA}
COUNTY OF }
ON , 2024, BEFORE ME , A NOTARY PUBLIC,

PERSONALLY APPEARED

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED

TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES: COMMISSION # OF NOTARY:

OPTIONEE'S STATEMENT:

THE UNDERSIGNED, TH EAST RANCH DUBLIN LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS OPTIONEE UNDER THE DOCUMENTS RECORDED ON SEPTEMBER 29, 2023, AS DOCUMENT NO. 2023111607, ON MARCH 29, 2024, AS DOCUMENT NUMBER 2024041809, AND ON MARCH 29, 2024, AS DOCUMENT NUMBER 2024041810 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA, DOES

HEREBY JOIN IN AND CONSENT TO THE FOREGOING OWNERS' STATEMENT AND ALL DEDICATIONS SHOWN HEREIN.

BY: _________________________________
NAME: _________________________________
TITLE: _________________________________
TRACT 8671
Attachment 9
161
ACTING CITY SURVEYOR'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP ENTITLED “TRACT 8671, FRANCIS RANCH, NEIGHBORHOOD 2 EAST, CROAK PROPERTY", AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT.

SIGNED: DATED: , 2024SETH H. IRISH, PLS 5922, ACTING CITY SURVEYOR

CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
SURVEYOR'S STATEMENT:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE

AND THAT ALL THE MONUMENTS INDICATED HEREON ARE OF THE CHARACTER AND OCCUPY POSITIONS INDICATED HEREON OR WILL

BE SET WITHIN TWENTY FOUR MONTHS FROM RECORDATION OF THIS FINAL MAP, AND THE COMPLETION OF IMPROVEMENTS, AND

WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT THE GROSS AREA WITHIN THE TRACT IS 12.63 ACRES, MORE OR LESS.

DATED: , 2024

IAN BRUCE MACDONALD
LS NO. 8817
CITY ENGINEER'S STATEMENT:

I, LAURIE L. SUCGANG, CITY ENGINEER OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBY STATE THAT I HAVE EXAMINED THE HEREIN EMBODIED FINAL MAP ENTITLED “TRACT 8671, FRANCIS RANCH, NEIGHBORHOOD 2 EAST, CROAK PROPERTY", CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA”, CONSISTING OF SEVEN (7) SHEETS, THIS STATEMENT BEING UPON SHEET TWO (2) THEREOF, AND THAT THE FINAL MAP WAS PRESENTED TO ME AS PROVIDED BY LOCAL ORDINANCE THIS ________ DAY OF _____________________, 20__, AND THAT THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL

ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE MAP AND THE SUBDIVISION AS SHOWN IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE VESTING TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT I

APPROVE SAID MAP AND ACCEPT, SUBJECT TO IMPROVEMENT, ON BEHALF OF THE CITY OF DUBLIN, BYRNE STREET, LANGLEY ROAD,

HUMPHREYS WAY, SILL AVENUE, AND WREN STREET, PUBLIC ACCESS EASEMENT (PAE), PUBLIC SERVICE EASEMENT (PSE), OFFERED FOR DEDICATION FOR PUBLIC USE IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION..

I FURTHER STATE THAT ALL AGREEMENTS AND SURETY REQUIRED BY LAW TO ACCOMPANY THE WITHIN FINAL MAP ARE APPROVED AND ARE FILED WITH THE CITY.

SIGNED: DATED: , 2024
LAURIE L. SUCGANG, CITY ENGINEER

CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
TRACT 8671
BENEFICIARY'S ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL

WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA}
COUNTY OF }
ON , 2024, BEFORE ME , A NOTARY PUBLIC,

PERSONALLY APPEARED

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS SUBSCRIBED

TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE:

PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATEPRINCIPAL PLACE OF BUSINESS:

COMMISSION EXPIRES: COMMISSION # OF NOTARY:

BENEFICIARY'S STATEMENT:

BY: _________________________________
NAME: _________________________________
TITLE: _________________________________
162
TRACT 8671
163
TRACT 8671
164
TRACT 8671
165
TRACT 8671
166
TRACT 8671
167

STAFF REPORT

CITY COUNCIL

Page 1 of 3 ends

Agenda Item 5.5
DATE: July 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 - Project Funding Agreements with Alameda County Transportation Commission and the Tri-Valley Transportation Council
Prepared by: Sai Midididdi, Associate Civil (Traffic) Engineer EXECUTIVE SUMMARY:

The City Council will consider approving project funding agreements with Alameda County Transportation Commission and the Tri-Valley Transportation Council to fund the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119, and approving a budget change.

STAFF RECOMMENDATION:

ST0119; and 3) Approve the budget change.

FINANCIAL IMPACT:

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 for the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 (Project). These funds increase the project budget by $1,000,000 to a total of $15,000,000.

The City will also receive $1,450,000 in Tri-Valley Transportation Development Fee discretionary funds from the Tri-Valley Transportation Council (TVTC) for the Project. These funds were already included in the adopted project budget as “Other” funding, and the budget change will 168

Page 2 of 3 ends

recategorize these funds to TVTC Grants.

There is no impact to the General Fund.

DESCRIPTION:

The 2024-2029 Capital Improvement Program (CIP) includes the Tassajara Road Improvements North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119. The project will improve Tassajara Road to a four-lane arterial roadway with buffered bike lanes, sidewalks, landscaped median, stormwater treatment areas, and other associated street improvements.

In May 2022, the Alameda County Transportation Commission (ACTC) released the 2024 Comprehensive Investment Plan Notice of Funding Opportunity which included an estimated $150.8 million of combined federal One Bay Area Grant Program Cycle 3 (OBAG 3) funding and ACTC-administered discretionary local funding sources, including Measure B and BB, Vehicle Registration Fee, and Transportation Fund for Clean Air (TFCA) funds. Staff applied for grant funding and ACTC allocated $872,000 in Measure BB funds and $128,000 in TFCA funds for the project.

To receive the combined $1,000,000 ACTC grant, the City must enter into a project funding agreement with ACTC (Attachment 2). The agreement requires that the City provide matching funds in the amount of $10,971,000, which is provided by the existing project budget. The ACTC funds will increase the total project budget from $14,000,000 to $15,000,000.

In April 2022, the Tri-Valley Transportation Council (TVTC) unanimously adopted the 2022 Strategic Expenditure Plan Update and Strategic Expenditure Plan Funding Plan, which included the Dublin project. In October 2023, TVTC adopted Resolution No. 2023-10 allocating $1,450,000 of Tri-Valley Transportation Development Fee discretionary funds to the project (Attachment 6).

To receive the TVTC funds, the City must enter into a project funding agreement with TVTC (Attachment 4). The TVTC funds are included in the adopted CIP Project budget and were categorized in funding source Fund 9997-Other, pending the City entering into a project funding agreement with TVTC. The proposed budget change will recognize the TVTC grant fund revenue and will recategorize the funding source to Fund 2922 - Tri-Valley Transportation Council Grants.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

A copy of this report has been provided to the Alameda County Transportation Commission Citizen Watchdog Committee. The City Council Agenda was posted. 169

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ATTACHMENTS:
1) Resolution Approving a Funding Agreement with the Alameda County Transportation Commission for the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119
2) Exhibit A to the Resolution - Funding Agreement No. A23-0038 with the Alameda County Transportation Commission
3) Resolution 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
4) Exhibit A to the Resolution – Funding Agreement with the Tri-Valley Transportation Council 5) Tri-Valley Transportation Council Resolution No. 2023-10 6) Budget Change Form
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Attachment 1
Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 1 of 3 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A FUNDING AGREEMENT WITH THE ALAMEDA COUNTY
TRANSPORTATION COMMISSION FOR THE TASSAJARA ROAD IMPROVEMENTS – NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT, CIP NO. ST0119 WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Program (“CMA-TIP”), and Transportation Fund for Clean Air (“TFCA”) Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
WHEREAS, the City of Dublin (“FUND RECIPIENT”) submitted a funding application (“APPLICATION”) to the ALAMEDA CTC for the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119 (“PROJECT”); and WHEREAS, the PROJECT will provide for design and construction of complete street improvements on Tassajara Road from North Dublin Ranch Drive to Quarry Lane School; and WHEREAS, by action of ALAMEDA CTC at its meeting held on May 25, 2023, ALAMEDA CTC awarded $1,000,000 in ALAMEDA CTC ADMINISTERED FUNDS to the FUND RECIPIENT for the implementation and delivery of the construction phase (“AWARDED PHASE(S)) OF PROJECT; and
WHEREAS, prior to receipt of any ALAMEDA CTC ADMINISTERED FUNDS, FUND RECIPIENT shall be required to enter into a Project Funding Agreement with ALAMEDA CTC for the PROJECT (“AGREEMENT”) based on ALAMEDA CTC’S form therefor, which AGREEMENT shall set forth certain project-specific requirements applicable to the PROJECT; and WHEREAS, as part of the requirements to receive ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT, ALAMEDA CTC requires a Resolution accepting the awarded funding to be adopted by the FUND RECIPIENT’S governing body confirming the following:

1. FUND RECIPIENT’S commitment to secure matching funds against the awarded ALAMEDA CTC ADMINISTERED FUNDS; and

2. FUND RECIPIENT’S commitment to provide any additional funding required to deliver the AWARDED PHASE(S) OF PROJECT, with an understanding the same shall not be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and

3. FUND RECIPIENT’S commitment to implement the AWARDED PHASE(S) OF PROJECT as described in the funding application and the subsequent funding agreement between ALAMEDA CTC and the FUND RECIPIENT; and

4. FUND RECIPIENT’S commitment to comply with the AGREEMENT; and 171
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5. FUND RECIPIENT’S commitment to comply with the applicable requirements set forth in ALAMEDA CTC’S Local Business Contract Equity (“LBCE”) Program for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, and abide by the LBCE procedures in the applicable solicitations and contracts.

NOW, THEREFORE, BE IT RESOLVED that FUND RECIPIENT agrees to accept award of $1,000,000 in ALAMEDA CTC ADMINISTERED FUNDS.

BE IT FURHTER RESOLVED that FUND RECIPIENT, by adopting this Resolution, does hereby state that:

1. FUND RECIPIENT will provide a minimum of $10,971,000 in matching funds anticipated to be from State Gas Tax, Eastern Dublin and Dougerty Valley Transportation Impact Fee Sources; and

2. FUND RECIPIENT understands that FUND RECIPIENT shall be responsible to provide any additional funding required to deliver the AWARDED PHASE(S) OF PROJECT, and the same shall not be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and

3. AWARDED PHASE(S) OF PROJECT will be implemented as described in the APPLICATION, AGREEMENT, and in this Resolution; and

4. FUND RECIPIENT will comply with the AGREEMENT; and

5. FUND RECIPIENT will comply with the applicable requirements set forth in ALAMEDA CTC’s LBCE Program.

BE IT FURTHER RESOLVED that FUND RECIPIENT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect FUND RECIPIENT’s ability to implement and deliver the proposed PROJECT.

BE IT FURTHER RESOLVED that FUND RECIPIENT authorizes its City Manager, or designee, to execute the AGREEMENT attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution; and BE IT FURTHER RESOLVED that FUND RECIPIENT shall provide ALAMEDA CTC with a fully-executed copy of this Resolution.
{Signatures on the Following Page}
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Reso. No. XX-24, Item X.X, Adopted 07/16/2024 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 16th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF DUBLIN
for the

TASSAJARA ROAD IMPROVEMENTS (NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL) This Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of May 25, 2023, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF DUBLIN, a public agency (“PROJECT SPONSOR”).

This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below.
☐ 2000 Measure B
☒ 2014 Measure BB
☐ Vehicle Registration Fee
☒ Transportation Fund for Clean Air
☐ CMA TIP

RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on Attachment 2
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each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.

I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set 175
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forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

NOW, THEREFORE, it is agreed by and between the parties as follows:

SECTION I
PROJECT SPONSOR AGREES:

1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information. 176
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3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT.

7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT.

9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff.

10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.
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11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or thirdparty contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR.

13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.

14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.

15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.

17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not 178
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Dublin City CouncilJuly 16, 2024

Dublin City Council
July 16, 2024