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

October 01, 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, October 1, 2024 Location: City Council Chamber 100 Civic Plaza
Dublin, CA 94568

REGULAR MEETING 7:00 PM

Pursuant to Government Code §54953(b), this meeting will include the following teleconference location:
• Vice Mayor Hu will be attending the Regular Meeting via teleconference from The Westin Dallas Stonebriar Golf Resort & Spa – Lobby, 1549 Legacy Drive, Frisco, TX 75034

The public shall have the opportunity to address the City Council at this teleconference location pursuant to Government Code Section §54954.3. All votes during the teleconference session will be conducted by roll call vote. The teleconference location is accessible to the public and the agenda will be posted at the teleconference location 72 hours before the meeting.

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, October 1, 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.

1 October 01, 2024 Dublin City Council Regular Meeting Agenda 2

□ 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.
□ Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS AND PROCLAMATIONS

3.1 Presentation of the Domestic Violence Awareness and Prevention Month Proclamation
The City Council will present the Domestic Violence Awareness and Prevention Month proclamation.

STAFF RECOMMENDATION:

Present the Proclamation.

Staff Report
Attachment 1 - Domestic Violence Awareness and Prevention Month Proclamation

3.2 Presentation to Retiring City Manager Linda Smith
The City will make a presentation to retiring City Manager Linda Smith in appreciation of her dedicated service to the City.

STAFF RECOMMENDATION:

Make the presentation and receive comments from retiring City Manager Linda Smith.

Staff Report

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

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

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5.1 Approval of the September 17, 2024 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the September 17, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the September 17, 2024 Regular City Council Meeting.

Staff Report
Attachment 1 - September 17, 2024 Regular City Council Meeting Minutes

5.2 Amended and Restated Agreement with HF&H Consultants, LLC for Franchise Agreement and Solid Waste Contracts Management Support Services The City Council will consider approving an amended and restated agreement with HF&H Consultants, LLC for franchise agreement and solid waste contracts management support services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Amended and Restated Agreement with HF&H Consultants, LLC.

Staff Report
Attachment 1 - Resolution Approving an Amended and Restated Agreement with HF&H Consultants, LLC
Attachment 2 - Exhibit A to the Resolution - Amended and Restated Agreement with HF&H Consultants LLC
Attachment 3 - Contractor Services Agreement and Amendment #1- Amendment #3 to the Contractor Services Agreement with HF&H Consultants, LLC

5.3 Agreements for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services
The City Council will consider approving agreements for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services with Bear Electrical Solutions, LLC and DC Electric Group.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Agreements for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services with Bear Electrical Solutions, LLC and DC Electric Group.

Staff Report
Attachment 1 - Resolution Approving Agreements for On -Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services with Bear Electrical Solutions, LLC and DC Electric Group
Attachment 2 - Exhibit A to the Resolution - Agreements with Bear Electrical Solutions, LLC and DC Electric Group
Attachment 3 - Request for Qualifications - On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services Attachment 4 - Statements of Qualifications - On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services

3 October 01, 2024 Dublin City Council Regular Meeting Agenda 4

5.4 Purchase and Sale Agreement with East Bay Regional Park District for Right-of-Way, Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119
The City Council will consider approving a Purchase and Sale Agreement with East Bay Regional Park District for 1,575 square feet of right-of-way and 1,751 square feet of temporary construction easement for the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Purchase and Sale Agreement and Joint Escrow Instructions With East Bay Regional Park District for the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119.

Staff Report
Attachment 1 - Resolution Approving the Purchase and Sale Agreement and Joint Escrow Instructions With East Bay Regional Park District for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 Attachment 2 - Exhibit A to Resolution - Purchase and Sale Agreement and Joint Escrow Instructions
Attachment 3 - CIP No. ST0119

5.5 Notice of City Engineer’s Receipt of Final Map for Review for Tract 8452, The DC (Dublin Centre)
The City Council will receive notification of the City Engineer’s receipt of the Final Map for review for Tract 8452, PA-3 The DC (Dublin Centre).

STAFF RECOMMENDATION:

Receive the notification.

Staff Report
Attachment 1 - Draft Tract 8452 Final Map

5.6 Hexcel Redevelopment (PLPA-2022-00038)
On March 19, 2024 and September 17, 2024, the City Council held a public hearing to consider the Hexcel Redevelopment project, which includes the redevelopment of an

8.81-acre site located at 11711 Dublin Boulevard. The project would demolish the existing 62,175-square-foot former Hexcel research and development building and construct a new 125,532-square-foot light industrial building to appeal to advanced manufacturing and life science uses with 217 parking stalls and related site improvements. Requested approvals include certification of a Final Environmental Impact Report, a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan, Site Development Review Permit, and Heritage Tree Removal Permit. The City Council certified the Final Environmental Impact Report, introduced the Planned Development Zoning Ordinance and adopted a Resolution approving the Site Development Review Permit and Heritage Tree Removal Permit. The City Council is now being asked to waive the second reading and adopt the Ordinance approving the Planned Development Rezone for the Hexcel Redevelopment project.

STAFF RECOMMENDATION:

Waive the reading and adopt the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District With a Stage 1 and Stage 2 Development Plan for the Hexcel Redevelopment project.

Staff Report
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Attachment 1 - Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and 2 Development Plan for the Hexcel Redevelopment Project
Attachment 2 - City Council Staff Report dated March 19, 2024, without attachments Attachment 3 - City Council Staff Report dated September 17, 2024, without attachments

5.7 Ordinance Amending Chapter 2.24.020 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code
At the June 4, 2024, City Council meeting, the City Council directed Staff to review the City’s Conflict of Interest Code and determine if it needs to be updated. Staff conducted a review of the Code and determined that several positions should be added or deleted. The City Council will consider adopting an ordinance to update the list of designated positions that must file a Statement of Economic Interests (Form 700). The ordinance was introduced at the September 17, 2024 regular meeting and is now ready for adoption.

STAFF RECOMMENDATION:

Waive the second reading and adopt the Ordinance Amending Chapter 2.24.020 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code.

Staff Report
Attachment 1 - Ordinance Amending Chapter 2.24.020 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code

5.8 Economic Development Strategy
The City Council will consider approval of the Economic Development Strategy, which establishes seven goals that will prioritize and guide the City of Dublin's economic development efforts over the next five to seven years.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Economic Development Strategy.

Staff Report
Attachment 1 - Resolution Approving the Economic Development Strategy Attachment 2 - Exhibit A to the Resolution - Economic Development Strategy

5.9 Alameda County Transportation Commission 2026 Comprehensive Investment Plan - Resolutions of Local Support for Projects
The City Council will consider approving resolutions of local support for grant applications for the Alameda County Transportation Commission 2026 Comprehensive Investment Plan funding opportunity. The grant applications will seek funding for the Fiber Optic Cable Installation on Dublin Boulevard under the Citywide Signal Communications Upgrade Project (CIP No. ST0713), San Ramon Road and Amador Valley Boulevard Intersection Improvements under the Citywide Bicycle and Pedestrian Improvements Project (CIP No. ST0517), and Village Parkway and Amador Valley Boulevard Intersection Improvements under the Village Parkway Reconstruction Project (CIP No. ST0323).

STAFF RECOMMENDATION:

Take the following actions: 1) Adopt the Resolution Authorizing the Filing of an Application for Alameda County Transportation Commission Administered Funding for the Fiber Optic Cable Installation on Dublin Boulevard Project and Committing Any Necessary Matching Funds and Stating Assurances to Complete the Project; 2) Adopt the Resolution Authorizing the Filing of an Application for Alameda County Transportation Commission Administered Funding for the San Ramon Road and Amador Valley 5 October 01, 2024 Dublin City Council Regular Meeting Agenda 6

Boulevard Intersection Improvements Project and Committing Any Necessary Matching Funds and Stating Assurances to Complete the Project; and 3) Adopt the Resolution Authorizing the Filing of an Application for Alameda County Transportation Commission Administered Funding for the Village Parkway and Amador Valley Boulevard Intersection Improvements Project and Committing Any Necessary Matching Funds and Stating Assurances to Complete the Project.

Staff Report
Attachment 1 - Resolution Authorizing the Filing of an Application for Alameda County Transportation Commission Administered Funding for the Fiber Optic Cable Installation on Dublin Boulevard Project Dublin Boulevard Project
Attachment 2 - Resolution Authorizing the Filing of an Application for Alameda County Transportation Commission Administered Funding for the San Ramon Road and Amador Valley Boulevard Intersection Improvements Project
Attachment 3 - Resolution Authorizing the Filing of an Application for Alameda County Transportation Commission Administered Funding for the Village Parkway and Amador Valley Boulevard Intersection Improvements Project
Attachment 4 - 2024-2029 CIP Nos. ST0713, ST0517, and ST0323

6. PUBLIC HEARING

6.1 Dublin Commons (PLPA-2024-00047) - Postponement
The Dublin Commons project is the redevelopment of the Dublin Place Shopping Center as part of implementing the Downtown Dublin Preferred Vision. Dublin Commons is a mixed-use project of up to 275,000 SF of retail (consisting of 155,000 SF of new retail and 120,000 SF of existing retail), 535,000 SF of Research and Development (Life Science), 1,510 multifamily residential units and a new Town Square. The project entitlements include a Vesting Tentative Map, a Development and Community Benefit Program Agreement and public infrastructure agreements. The Applicant has requested that the City Council postpone consideration of the project. The City Council will hold a public hearing to consider this item at a future meeting.

STAFF RECOMMENDATION:

Continue the item to a date uncertain.

Staff Report

7. UNFINISHED BUSINESS – None.

8. NEW BUSINESS

8.1 Overview of the Metropolitan Transportation Commission’s Transit Oriented Communities Policy
The City Council will receive an overview of the Metropolitan Transportation Commission’s Transit Oriented Communities (TOC) Policy. The TOC Policy is designed to support the region’s transit investment by encouraging jurisdictions to adopt transit- supportive land use policies for areas within a half-mile radius of existing or planned transit stops or stations, and to adopt additional policies they intend to further equitable transit-oriented communities. The TOC Policy lays out a menu of policy options for local jurisdictions to choose from. Compliance with the TOC Policy is required to qualify for future One Bay Area Grant
(OBAG) transportation funding. Additionally, funding for Valley Link is tied to compliance by the local jurisdictions served by them. This item was 6 October 01, 2024 Dublin City Council Regular Meeting Agenda 7

originally scheduled for the City Council meeting on September 17, 2024. However, due to time constraints, the City Council postponed this item to a future meeting.

STAFF RECOMMENDATION:

Receive the Staff presentation.

Staff Report
Attachment 1- Alameda CTC CIP Five Year Programming with Two Year Allocation for the City of Dublin
Attachment 2- MTC’s Transit Oriented Development Final Administrative Guidance, September 2024
Item 8.1 PowerPoint Presentation

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

10. ADJOURNMENT

This AGENDA is posted in accordance with Government Code Section 54954.2(a)

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

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

Mission

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

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Agenda Item 3.1
DATE: October 1, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Presentation of the Domestic Violence Awareness and Prevention Month Proclamation
Prepared by: Marissa Clevenger, Administrative Technician EXECUTIVE SUMMARY:

The City Council will present the Domestic Violence Awareness and Prevention Month proclamation.

STAFF RECOMMENDATION:

Present the Proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Domestic Violence Awareness and Prevention Month is recognized annually during the month of October. October is significant because in October 1987, the first Domestic Violence Awareness Month was observed, which also marked the introduction of the first national domestic violence toll-free hotline. In 1989 the U.S. Congress designated October as National Domestic Violence Awareness Month and such legislation has passed every year since.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
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ATTACHMENTS:
1) Domestic Violence Awareness and Prevention Month Proclamation 9 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Domestic Violence Awareness and Prevention Month”
WHEREAS, one in every three women will experience domestic violence during her lifetime; and approximately 15.5 million children are exposed to domestic violence every year; and
WHEREAS, the problem of domestic violence is not confined to any group or groups of people, but crosses all economic, racial, gender, educational, religious, and societal barriers, and is sustained by societal indifference; and WHEREAS, victims of domestic violence should have access to medical and legal services, counseling, transitional housing, and other supportive services so that they can escape the cycle of abuse; and WHEREAS, the City of Dublin encourages victims of domestic violence and their families to seek assistance from Rewire Community, Tri-Valley Haven, and other appropriate victims services organizations, and recognizes the compassion and dedication of the individuals who provide services to victims of domestic violence; and
WHEREAS, local programs, state coalitions, national organizations, and other agencies nationwide are committed to increasing public awareness of domestic violence and its prevalence, and to eliminating it through prevention and education.

NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim October 2024 as “Domestic Violence Awareness and Prevention Month” in the City of Dublin and encourages the community to be cognizant of the important work done by domestic violence programs and victims service providers, as well as actively participate in the scheduled activities and programs that work towards the elimination of personal and institutional violence against women and children.

DATED: October 1, 2024

Mayor Michael McCorriston Vice Mayor Sherry Hu
_______ __________________
Councilmember Jean Josey Councilmember Kashef Qaadri Councilmember Janine Thalblum 10 STAFF REPORT

CITY COUNCIL

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Agenda Item 3.2
DATE: October 1, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, Assistant City Manager
SUBJECT: Presentation to Retiring City Manager Linda Smith Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

The City will make a presentation to retiring City Manager Linda Smith in appreciation of her dedicated service to the City.

STAFF RECOMMENDATION:

Make the presentation and receive comments from retiring City Manager Linda Smith.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City will make a presentation to retiring City Manager Linda Smith in appreciation of her dedicated service to the City.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
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Agenda Item 5.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the September 17, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the September 17, 2024 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the September 17, 2024 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) September 17, 2024 Regular City Council Meeting Minutes DATE: October 1, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of September 17, 2024 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
12 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: September 17, 2024

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
SEPTEMBER 17, 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 LABOR NEGOTIATORS
Agency Designated Representatives: Councilmembers Josey and Qaadri Unrepresented Employee: City Manager
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, September 17, 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
Janine Thalblum, Councilmember Present
2) REPORT ON CLOSED SESSION
Mayor McCorriston reported there was no reportable action out of Closed Session. 3) PRESENTATIONS AND PROCLAMATIONS

3.1) Recognition of Dublin Little League 10s and 12s Girls Softball Teams The City Council recognized Dublin Little League 10s and 12s Girls Softball teams for their achievements in their State Tournaments and beyond.

Attachment 1
13 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
SEPTEMBER 17, 2024
4) PUBLIC COMMENT
Ritesh Agarwal provided public comment.
5) CONSENT CALENDAR
City Attorney John Bakker reported in accordance with the Brown Act, that a verbal statement is required before acting on executive contract. The executive contract on the agenda was for incoming City Manager, Colleen Tribby. The basic terms of the agreement are a five-year term with a base salary of $28,896 per month. The contract calls for a cost-of- living adjustment each July 1st, with a standard executive benefits package that other executives/supervisorial employees receive. Additionally, there is an automobile allowance of $450 per month, a technology allowance of $1,500 per year, and City deferred compensation contribution of $5,000 per year.

5.1) Approved the September 3, 2024 Regular City Council Meeting Minutes.

5.2) Adopted Resolution No. 101-24 titled, “Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith with the Terms and Provisions of the Agreements.”

5.3) Received the notification and adopted Resolution No. 102-24 titled, “Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8649, Francis Ranch.”

5.4) Received the report of payments issued from August 1, 2024 - August 31, 2024, totaling $8,799,312.47.

5.5) Adopted Resolution No. 103-24 titled, “Delegating Authority to the City Manager to Purchase Fleet Vehicles Exceeding $45,000 for Fiscal Year 2024-25.”

5.6) Waived the second reading and adopted Ordinance No. 09-24 titled, “Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete).”

5.7) Waived the reading and introduced the Ordinance Amending Chapter 2.24.020 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code, and directed Staff to file the 2024 Local Agency Biennial Notice.

5.8) Approved and authorized the Mayor to execute the Agreement with Colleen Tribby for employment as City Manager and adopted Resolution No. 104-24 titled, “Amending the Salary Plan.”
On a motion by Councilmember Qaadri, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted the Consent Calendar. 14 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
SEPTEMBER 17, 2024
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Jean Josey, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri, Thalblum
6) PUBLIC HEARING

6.1) Hexcel Redevelopment (PLPA-2022-00038)
The City Council received a presentation regarding the Hexcel Redevelopment Project, which redevelops an 8.81-acre site located at 11711 Dublin Boulevard.

Mayor McCorriston opened the Public Hearing.

Overton Moore Properties, Applicant, made a presentation.

Anthony L. provided public comment.

Jonathan Drescher provided public comment.

Steve Minniear provided public comment.

Mayor McCorriston closed the Public Hearing.

On a motion by Councilmember Qaadri, seconded by Councilmember Josey, and by unanimous roll call vote, the City Council took the following actions: 1) adopted Resolution No. 105-24 titled, “Certifying an Environmental Impact Report and Adopting Environmental Impact Findings, Findings Regarding Alternatives, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program for the Hexcel Redevelopment Project;” 2) waived the reading and introduced the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with Related Stage 1 and Stage 2 Development Plans for the Hexcel Redevelopment Project; and 3) adopted Resolution No. 106-24 titled, “Approving a Site Development Review Permit and Heritage Tree Removal Permit for the Hexcel Redevelopment Project,” as amended with the following new Condition of Approval 26, “There shall be no truck traffic at the loading docks within a 90 minute window of a burial at the cemetery. Staff from the Parks and Community Services Department will notify the property owner/manager of scheduled burials.” RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Jean Josey, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri, Thalblum
Mayor McCorriston called for a break at 8:37 PM.
15 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
SEPTEMBER 17, 2024
Mayor McCorriston reconvened the meeting at 8:43 PM.
7) UNFINISHED BUSINESS

7.1) Draft Economic Development Strategy
The City Council received a presentation and reviewed the draft Economic Development Strategy.

Mayor McCorriston opened the public comment period.

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

The City Council asked clarifying questions and provided feedback on the draft Economic Development Strategy.
8) NEW BUSINESS

8.1) Annual Review of the City’s Statement of Investment Policy The City Council received a presentation on the annual review of the Statement of Investment Policy.

Mayor McCorriston opened the public comment period.

Yosra Abdelaziz provided public comment.

Abhijoy Mukherjee provided public comment.

Asma Shaikh provided public comment.

Naveed Desai provided public comment.

Katherine Walley provided public comment.

Aquila Aswat provided public comment.

Mahz Shaikh-Gingras provided public comment.

Fadia Hijazi provided public comment.

Musa Tariq provided public comment.

Arman Rizvi provided public comment.
16 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
SEPTEMBER 17, 2024
Zehra Ansal provided public comment.

Nadine provided public comment.

Omar Shorab provided public comment.

Maria Fernanda Lezama provided public comment.

Sara Haider provided public comment.

Agha Haider provided public comment.

Roeeda Khalil provided public comment.

Michelle Mirza provided public comment.

Maha Adranly provided public comment.

Farah Rahhal provided public comment.

Ola Rabah provided public comment.

Izzy provided public comment.

Abdelrahman Ahmed provided public comment.

Zaynab T. provided public comment.

Lakshmi Rajagopalan provided public comment.

Seema Badar provided public comment.

Ahmad provided public comment.

Rida W. provided public comment.

Frank Sterling provided public comment.

Mona Punch provided public comment.

Ebeid ElSayed provided public comment.

Flora Wong provided public comment.

Faizah provided public comment.

Saria Iqbal provided public comment.
17 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
SEPTEMBER 17, 2024
Naomi Smoller provided public comment.

Esther H. provided public comment.

Anonymous provided public comment.

Mayor McCorriston closed the public comment period.

On a motion by Councilmember Josey, seconded by Councilmember Thalblum, and by unanimous roll call vote, the City Council adopted Resolution 107-24 titled, “Approving the Annual Review of the Statement of Investment Policy and Delegation of Authority to Complete Investment Transactions,” and directed Staff to establish a Finance and Investment Subcommittee.

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

8.2) Overview of the Metropolitan Transportation Commission’s Transit Oriented Communities Policy
The City Council moved this item to a future City Council meeting. 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 11:21 PM.

Mayor
ATTEST:

City Clerk
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Agenda Item 5.2
DATE: October 1, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amended and Restated Agreement with HF&H Consultants, LLC for Franchise Agreement and Solid Waste Contracts Management Support Services Prepared by: Michelle Sung, Environmental Technician
EXECUTIVE SUMMARY:

The City Council will consider approving an amended and restated agreement with HF&H Consultants, LLC for franchise agreement and solid waste contracts management support services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Amended and Restated Agreement with HF&H Consultants, LLC.

FINANCIAL IMPACT:

The amended and restated agreement with HF&H Consultants, LLC increases the not-to-exceed compensation of the agreement by $340,485 which includes an $80,000 contingency, for a total contract amount of $690,000. The agreement is funded by a combination of the Measure D Fund for on-going Senate Bill 1383 and solid waste contracts support services, and the General Fund for the performance and compensation review as well as the assignment review. Costs associated with the performance and compensation review will be reimbursed to the City by AVI. No budget amendment is required.

DESCRIPTION:

On June 1, 2021, the City Council adopted Resolution 55-21 approving an agreement with HF&H Consultants, LLC for Senate Bill (SB) 1383 and Solid Waste Franchise support services for a term of two years and a not-to-exceed compensation amount of $111,075, funded by Measure D (Attachment 3). The agreement has subsequently been amended three times, as follows:
 On April 5, 2022, the City Council adopted Resolution 25-22 amending the agreement to include additional scope of work for as-needed franchise agreement technical assistance, 19

Page 2 of 2 ends

such as performance and compensation reviews. The amendment also extended the term of the services by 12 months and increased the not-to-exceed compensation amount to $223,075, funded by Measure D (Attachment 3). In February 2023, a budget adjustment was approved that replaced $100,000 in Measure D Funds for the agreement with General Fund Reserves. This amount will be reimbursed by Amador Valley Industries (AVI) as part of its agreement with the City.
 On June 20, 2023, the City Council adopted Resolution 65-23 approving a second amendment to the agreement to include additional scope of work for SB 1383 assistance, including support for compost brokering and modification of the Dublin Municipal Code and design guidelines for development projects. The second amendment also extended the term of services by two years to June 30, 2026, for a total contract term of five years, and increased the not-to-exceed compensation amount to $268,975, funded by Measure D (Attachment 3).
 On December 5, 2023, the City Council adopted Resolution 118-23 approving a third amendment to the agreement to include additional scope of work to provide disposal contract negotiations assistance and increased the not-to-exceed compensation amount to $349,515, funded by Measure D (Attachment 3).

Staff recommends amending and restating the agreement with HF&H Consultants, LLC to consolidate the changes made in the first through third amendments and to further amend the agreement to increase the scope of work and the not-to-exceed compensation. The proposed amended and restated agreement includes additional scope to assist with work related to the assignment of the franchise agreement with AVI and increases the not-to-exceed compensation by $340,485 to a new total of $690,000 which includes $80,000 for as-needed contingency services.

The amended and restated agreement will also adjust the term of service of the agreement from June 30, 2026 to June 1, 2026, to meet requirements of the Alameda County Waste Reduction and Recycling Act of 1990 Subsection 64.030(D), which requires that contracts using Recycling Fund (Measure D) monies shall be made for periods of not more than five years.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Amended and Restated Agreement with HF&H Consultants, LLC 2) Exhibit A to the Resolution – Amended and Restated Agreement with HF&H Consultants, LLC 3) Contractor Services Agreement and Amendments #1 through #3 with HF&H Consultants, LLC 20 Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AMENDED AND RESTATED AGREEMENT WITH

HF&H CONSULTANTS, LLC
WHEREAS, on June 1, 2021, the City Council adopted Resolution No. 55-21 approving an Agreement with HF&H Consultants, LLC for Senate Bill 1383 and solid waste franchise support services (“Agreement”); and
WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 25-22 approving Amendment #1 to the Agreement to increase the scope of work, increase the compensation, and extend the term of the contract; and
WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 65-23 approving Amendment #2 to the Agreement to increase the scope of work, increase the compensation, and extend the term of the contract to June 30, 2026; and
WHEREAS, on December 5, 2023, the City Council adopted Resolution No. 118-23 approving Amendment #3 to the Agreement to increase the scope of work and increase the compensation; and
WHEREAS, the City desires to further amend the Agreement to adjust the term of service to June 1, 2026, to meet requirements of the Alameda County Waste Reduction and Recycling Act of 1990 Subsection 64.060(D) which requires that contracts using Recycling Fund monies shall be made for periods of not more than five years; and WHEREAS, the City and HF&H Consultants, LLC mutually desire to amend the Agreement to increase the scope of work and compensation; and
WHEREAS, the City and HF&H Consultants, LLC mutually desire to consolidate the Agreement, Amendments #1 through #3, aforementioned term of service, and increased scope of work and compensation, into an Amended and Restated Agreement, attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amended and Restated Agreement with HF&H Consultants, LLC, attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Amended and Restated Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution.
21 Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTEDthis 1st day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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AMENDED AND RESTATED AGREEMENT BETWEEN

THE CITY OF DUBLIN AND HF&H CONSULTANTS, LLC
T
his AMENDED AND RESTATED AGREEMENT for Franchise Agreement and Solid Waste Contracts Management Support services is made by and between the City of Dublin (“City”) and HF&H Consultants, LLC (“Contractor”) (together sometimes referred to as the “Parties”) as of October 1, 2024 (the “Effective Date”).

RE
CITALS
W
HEREAS, HF&H Consultants, LLC provides franchise agreement and solid waste contracts management support services; and
W
HEREAS, on June 1, 2021, the City Council adopted Resolution No. 55-21 approving an Agreement with HF&H Consultants, LLC for Senate Bill 1383 and solid waste franchise support services; and
W
HEREAS, on April 5, 2022, the City Council adopted Resolution No. 25-22 approving Amendment #1 to the Agreement to increase the scope of work, increase the compensation, and extend the term of the contract to June 30, 2024; and
W
HEREAS, on June 20, 2023, the City Council adopted Resolution No. 65-23 approving Amendment #2 to the Agreement to increase the scope of work, increase the compensation, and extend the term of the contract to June 30, 2026; and
W
HEREAS, on December 5, 2023, the City Council adopted Resolution No. 118-23 approving Amendment #3 to the Agreement to increase the scope of work and increase the compensation; and W
HEREAS, the City wishes to further amend the agreement with HF&H Consultants, LLC to adjust the term of service to June 1, 2026, to meet requirements of the Alameda County Waste Reduction and Recycling Act of 1990 Subsection 64.060(D), which requires that contracts using Recycling Fund monies shall be made for periods of not more than five years; and W
HEREAS, the City and Contractor mutually desire to further amend the agreement with HF&H Consultants, LLC to increase the scope of work and compensation; and W
HEREAS, the City and Contractor mutually desire to consolidate the Agreement, Amendments #1 through #3, aforementioned term of service adjustment and scope of work increase (collectively the “Prior Agreement”), into this Amended and Restated Agreement (“Agreement”), which supersedes the Prior Agreement.

NO
W, THEREFORE, the City of Dublin and HF&H Consultants, LLC hereby agree as follows:

S
ection 1. SER VICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and Docusign Envelope ID: 7DC5A64D-223F-4708-A0F3-122FD0A15098 Attachment 2
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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 1, 2026, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month-to-month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

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

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

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

Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $690,000 which includes an $80,000 contingency, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.

In the event of a conflict regarding the amount of compensation between this Agreement and Consultant’s proposal, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

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 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;

 The beginning and ending dates of the billing period;

 A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;

 A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense

 The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;

 The Contractor’s signature;

 Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

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

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

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

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

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

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

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

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

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

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

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

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

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

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

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

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

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

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

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

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

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

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

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

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

4.1 Workers’ Compensation.

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

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

4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:

a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and

b. Waiver of Subrogation Endorsement as required by the section.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Docusign Envelope ID: 7DC5A64D-223F-4708-A0F3-122FD0A15098 28 Services Agreement between October 1, 2024
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Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

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

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

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

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

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

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

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

4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:

a. Certificate of Liability Insurance in the amounts specified in the section;

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c. Waiver of Subrogation Endorsement as required by the section; and

d. Primary Insurance Endorsement as required by the section.

4.3 All Policies Requirements.

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

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

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

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

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

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

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 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or

 Terminate this Agreement.

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

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

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

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

Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Docusign Envelope ID: 7DC5A64D-223F-4708-A0F3-122FD0A15098 31 Services Agreement between October 1, 2024
City of Dublin and HF&H Consultants, LLC Page 10 of 16 Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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

Section 7. LEGAL REQUIREMENTS.

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

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

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

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

7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, Docusign Envelope ID: 7DC5A64D-223F-4708-A0F3-122FD0A15098 32 Services Agreement between October 1, 2024
City of Dublin and HF&H Consultants, LLC Page 11 of 16 creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

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

Section 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

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

8.6.1 Immediately terminate the Agreement;

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

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

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

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

9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to Docusign Envelope ID: 7DC5A64D-223F-4708-A0F3-122FD0A15098 34 Services Agreement between October 1, 2024
City of Dublin and HF&H Consultants, LLC Page 13 of 16 the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

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

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

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

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

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

10.9 Notices. Any written notice to Contractor shall be sent to:

HF& H Consultants, LLC
Att: Rob Hilton, President
201 North Civic Drive, Suite 230
Walnut Creek, CA 94596

Any written notice to City shall be sent to:

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

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

Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses

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

10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as Docusign Envelope ID: 7DC5A64D-223F-4708-A0F3-122FD0A15098 36 Services Agreement between October 1, 2024
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SIGNATURES ON FOLLOWING PAGE
Docusign Envelope ID: 7DC5A64D-223F-4708-A0F3-122FD0A15098 37 Services Agreement between October 1, 2024
City of Dublin and HF&H Consultants, LLC Page 16 of 16 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 HF&H Consultants, LLC

Linda Smith D’Ambrosio, City Manager Rob Hilton, President

Attest: N/A
Contractor’s DIR Registration Number
(if applicable)

Marsha Moore, City Clerk

Approved as to Form:

City Attorney

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EXHIBIT A

SCOPE OF SERVICES

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES

The Contractor will provide specialized technical services, as needed, to support the City in negotiations and management of the contract with its franchised waste hauler and to support processing agreement negotiations. Contract services may also include assistance with SB 1383 or other solid waste program implementation. Services requested include the tasks listed below and may include similar related projects, as determined by the City.

Task 1- Franchise Agreement Amendments and SB 1383 Implementation

The Contractor will examine the City’s existing franchise agreement with AVI to determine what tasks and activities are recommended to be included in the franchise agreement as hauler responsibilities to ensure the City’s compliance with SB 1383 regulations. The Contractor will also review the City’s solid waste ordinances and provide guidance on recommended updates to the ordinances to meet SB 1383 requirements.

Subtasks:

1. Review the City’s solid waste franchise agreement and related activities performed by the City’s waste hauler to conduct a gap analysis to assess what programs and activities are needed for the City to be in compliance with all SB 1383 provisions. As part of the gap analysis, the Consultant will identify areas where the City is already meeting SB 1383 requirements and areas in which new programs/activities are required to meet SB 1383 mandates.

2. Identify SB 1383 program areas that should be implemented with City staff or resources and those that should be considered during solid waste franchise agreement contract negotiations as hauler obligations.

3. Provide a financial analysis detailing an estimate of SB 1383 program costs, both for City supported programs/activities and hauler programs and activities. The financial analysis must identify potential funding streams for the various programs/activities.

4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement amendments. Provide recommendations to the City during contract negotiations.

5. Review the City’s solid waste ordinances and template ordinances provided by CalRecyle and/or StopWaste and provide a draft ordinance revision and recommendations regarding updating City ordinances to meet SB 1383 mandates.

6. Support City staff with preparations and presentation to City Council

Deliverables:

At minimum, deliverables for Task 1 shall include the following:

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1. Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383 compliance status.

2. Financial Report detailing program implementation costs and potential funding sources to meet SB 1383 mandates.

3. Report outlining suggested amendments to the City’s existing solid waste franchise agreement.

4. Provide a draft solid waste ordinance revision with recommendations for updates to the City’s solid waste ordinances.

Task 2- Franchise Management Technical Assistance

As directed by the City, HF&H will assist with various tasks associated with monitoring, managing, analyzing, benchmarking, negotiating, and otherwise providing input regarding the City’s solid waste, recyclables, and organics materials collection and post-collection contract. As directed by the City, HF&H will also assist with various tasks associated with the rates, charges, and cost of service related to the City’s franchised solid waste, recyclables, and organic materials, collection and post-collection operations.

Tasks may include, but are not limited to performance and compensation reviews, review of annual rate applications, and audits. HF&H will be available on a time and materials basis.

Task 3- SB 1383 Technical Assistance

Subtasks:

1. Support Compost Brokering. HF&H will support the City in achieving compliance with its SB 1383 “Recovered Organic Waste Product Procurement” requirements as modified by AB 1985 in 2022. Specifically, HF&H will facilitate an arrangement with Agromin, Inc. t o broker the City’s recovered organic waste quota each year on the City’s behalf. Under this arrangement, Agromin would qualify as a direct service provider to the City. In addition, the Agreement with Agromin would have provisions for the City or City -specified projects to receive SB 1383- compliant compost or mulch products. HF&H’s scope of services for this task will include negotiating an Agreement with Agromin, facilitating review of that Agreement by City Attorney’s office, and preparing a brief staff report for City staff to bring the Agreement to City Council. Following City Council adoption of the Agreement, HF&H will work with Agromin at each reporting milestone to receive and review the reports and ensure that the City is on track for their annual requirements.

2. Support Modification of Municipal Code and Design Guidelines for Development Projects. HF&H will work with City staff to modify the Dublin Municipal Code to clarify requirements for new developments related to adequate space for recycling and organics. HF&H will facilitate a design session with City staff, including solid waste, engineering, and planning/building staff, to discuss the desired changes to the Municipal Code. Based on the input in the design session, HF&H will research practices in other communities to identify potential alternative approaches. HF&H will meet again with City staff to discuss the proposed handling of the issue prior to drafting the revised code language. Based upon the agreed- upon approach, HF&H will draft the Municipal Docusign Envelope ID: 7DC5A64D-223F-4708-A0F3-122FD0A15098 40 Services Agreement between October 1, 2024
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Coad language and/or design guidelines for the City’s consideration. The scope of services for this task includes one revised draft of the document.

3. Additional SB 1383 technical assistance may be requested by the City, as needed.

Task 4- Disposal Contract Negotiations Assistance

The City’s current agreement with Waste Management for disposal of landfill waste at the Altamont Landfill expires on June 30, 2025. The Contractor will assist the City in negotiations with Waste Management on a new disposal contract. Some of the expected key terms of the agreement to be negotiated include the rate adjustment methodology, the term, compost procurement, and pricing.

Subtasks:

1. Review the City’s current disposal agreement and make suggestions for changes to terms of the agreement based on the City’s goals.

2. Coordinate and lead negotiation meetings with the City and WM

3. Utilize publicly available tip fee data on local and regional landfills, knowledge of recent and applicable disposal negotiations for comparable services and compare this information to WM’s proposal for services.

4. Draft and finalize changes to the disposal agreement for review by City.

5. Support City staff with preparations and presentation to City Council.

Task 5- Review of Proposed Assignment of Franchise Agreement

The Contractor will review AVI’s proposed assignment of their franchise agreement.

Subtasks:

1. Review the City’s Franchise Agreement in detail to determine what information is required from AVI, the proposed assignee, the City and any other parties. HF&H will prepare a Request for Information and conduct a kick-off meeting to discuss process, schedule, and required information.

2. Assess compliance considerations related to current franchisee that requires mitigation or remedy prior to, or as part of, the assignment approval.

3. Review proposed financial and other terms of the assignment between the franchisee and assignee.

4. Review financial condition of franchisee and assignee.

5. Review experience, qualifications, and performance of assignee.

6. Document findings from assignment review.

7. Support City staff with preparations and presentation to City Council.

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Compensation Schedule & Reimbursable Expenses

Contractor shall provide the services at the hourly rates shown in the table below. A new fee schedule is issued at the beginning of each year, as approved by the City.

Executive
Senior
Project
Manager
Project
Manager
Senior
Associate
Associate
Analyst
Assistant
Analyst
Administrative
Staff
Hourly
Rate $335-$365 $310-$330 $270-$300 $230-$265 $200-$215 $175-$195 $140-$175

Standard charges for common reimbursable direct expenses are as follows:

Automobile Travel – Prevailing IRS mileage rage

*Mileage fees are based on the round-trip distance from the point of origin. *Reimbursable expenditures shall be itemized and provided as part of submitted invoice Docusign Envelope ID: 7DC5A64D-223F-4708-A0F3-122FD0A15098 42 Services Agreement between June 2, 2021
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CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

HF&H CONSULTANTS, LLC

THIS AG
REEMENT for contract services is made by and between the City of Dublin (“City”) and HF&H Consultants, LLC (“Contractor”) (together sometimes referred to as the “Parties”) as of June 2, 2021 (the “Effective Date”).

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

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023 the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.5 [ Int
entionally Deleted]

1.6 [ In
tentionally Deleted]
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $111,075, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be Attachment 3
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performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
 S
erial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  T
he beginning and ending dates of the billing period;
 A
Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 A
copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense  T
he total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
 T
he Contractor’s signature;
 C
ontractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of 44 Services Agreement between June 2, 2021
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Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

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

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

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

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

2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

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

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

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SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

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

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

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

4.1 Workers’ Compensation.

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

4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. C
ertificate of Workers’ Compensation Insurance in the amounts specified in the section; and
b. W
aiver of Subrogation Endorsement as required by the section.

4.2 Commercial General and Automobile Liability Insurance.

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

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

4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:

a. Certificate of Liability Insurance in the amounts specified in the section;

b. Additional Insured Endorsement as required by the section;

c. Waiver of Subrogation Endorsement as required by the section; and

d. Primary Insurance Endorsement as required by the section.

4.3 All Policies Requirements.

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

4.3.4 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).

 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

 Terminate this Agreement.

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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

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

Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 51 Services Agreement between June 2, 2021
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7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

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

Section 8. TERMINATION AND MODIFICATION.

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

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

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

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide 52 Services Agreement between June 2, 2021
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Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

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

8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8 .6.1 Immediately terminate the Agreement;
8 .6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;

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

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described 53 Services Agreement between June 2, 2021
City of Dublin and HF&H Consultants, LLC Page 12 of 15 above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

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

Section 10. MISCELLANEOUS PROVISIONS.

10.4 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.

54 Services Agreement between June 2, 2021
City of Dublin and HF&H Consultants, LLC Page 13 of 15

C
ontractor 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.

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

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

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

10.9 Notices. Any written notice to Contractor shall be sent to:

H
F&H Consultants, LLC
Att: Rob Hilton, President
201 North Civic Drive, Suite 230
Walnut Creek, CA 94596
A
ny written notice to City shall be sent to:

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

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
55 Services Agreement between June 2, 2021
City of Dublin and HF&H Consultants, LLC Page 14 of 15
Exhibit A Scope of Services
Exhibit B Compensation Schedule

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

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

IGNATURES ON FOLLOWING PAGE
56 Services Agreement between June 2, 2021
City of Dublin and HF&H Consultants, LLC 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.

CI
TY OF DUBLIN HF&H Consultants, LLC
Linda Smith, City Manager Rob Hilton, President
A
ttest:

Marsha Moore, City Clerk
A
pproved as to Form:

City Attorney
3070365.1
57 Services Agreement between June 2, 2021
City of Dublin and HF&H Consultants, LLC Exhibit A – Page 1 of 1

EXHIBIT A
SC

OPE OF SERVICES
T
he Consultant will examine the City’s existing franchise agreement with AVI to determine what tasks and activities are recommended to be included in the franchise agreement as hauler responsibilities to ensure the City’s compliance with SB 1383 regulations. The Consultant will also review the City’s solid waste ordinances and provide guidance on recommended updates to the ordinances to meet SB 1383 requirements.

T
asks:

4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement amendments. Provide recommendations to the City during contract negotiations.

6. Support City staff with preparations and presentation to City Council D
eliverables:

At minimum, deliverables for this project shall include the following:

1. Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383 compliance status.

2. Financial Report detailing program implementation costs and potential funding sources to meet SB 1383 mandates.

3. Report outlining suggested amendments to the City’s existing solid waste franchise agreement.

4. Provide a draft solid waste ordinance revision with recommendations for updates to the City’s solid waste ordinances.
58 Services Agreement between June 2, 2021
City of Dublin and HF&H Consultants, LLC Exhibit B – Page 1 of 1

EXHIBIT B
COM

PENSATION SCHEDULE
59

Page 1 of 3 ends

AMENDMENT #1 TO CONTRACTOR SERVICES AGREEMENT
BETW

EEN THE CITY OF DUBLIN AND

HF&H CONSULTANTS, LLC
WHEREAS, on June 2, 2021, the City of Dublin (hereinafter referred to as "CITY") and HF&H Consultants, LLC (hereinafter referred to as " CONTRACTOR ") entered into a Contractor Services Agreement for Solid Waste Franchise Agreement Amendment and SB 1383 Implementation services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the scope of w ork in the existing A GREEMENT is on- going and additional budget is required to complete the scope of work; and WHEREAS, the CITY and CONTRACTOR mutually desire to amend the AGREEMENT to include additional scope of work as described in Exhibit A , increase the compensation, and extend the term of services to June 30, 2024.

NOW T HEREFORE, for go od a nd v aluable co nsideration, t he sufficiency of which is hereby acknowledged, the A GREEMENT is amended as follows:
1) Secti
on 1 shall be rescinded in its entirety and replaced with the following:

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

1.1 shall be rescinded in its entirety and replaced with the following:

Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.
3) Section 2 shall be rescinded in its entirety and replaced with the following:
60

Page 2 of 3 ends

COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $223,075, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

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

SIGNATURES ON THE FOLLOWING PAGE
61

Page 3 of 3 ends

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

CIT
Y OF DUBLIN HF&H CONSULTANTS, LLC.

By
: _____________________________ By: _____________________________ Linda Smith, City Manager Rob Hilton, President
Dated:

AT
TEST:

By: _____
Marsha Moore, City Clerk
APP
ROVED AS TO FORM:

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

SCOPE OF SERVICES
T
ask 1- Franchise Agreement Amendments and SB 1383 Implementation The Consultant will examine the City’s existing franchise agreement with AVI to determine what tasks and activities are recommended to be included in the franchise agreement as hauler responsibilities to ensure the City’s compliance with SB 1383 regulations. The Consultant will also review the City’s solid waste ordinances and provide guidance on recommended updates to the ordinances to meet SB 1383 requirements.

Tasks:

As part of the gap analysis, the Consultant will identify areas where the City is already meeting SB 1383 requirements and areas in which new programs/activities are required to meet SB 1383 mandates.

2. Identify SB 1383 program areas that should be implemented with City staff or resources and those that should be considered during solid waste franc hise agreement contract negotiations as hauler obligations.

4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement amendments. Provide recommendations to the City during contract negotiations.

6. Support City staff with preparations and presentation to City Council D
eliverables:

At minimum, deliverables for Task 1 shall include the following:

1. Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383 compliance status.
63 2. Financial Report detailing program implementation costs and potential funding sources to meet SB 1383 mandates.

3. Report outlining suggested amendments to the City’s existing solid waste franchise agreement.

4. Provide a draft solid waste ordinance revision with recommendations for updates to the City’s solid waste ordinances.

T
ask 2- Franchise Management Technical Assistance
A
s directed by the City, HF&H will assist with various tasks associated with monitoring, managing, analyzing, benchmarking, negotiating, and otherwise providing input regarding the City’s solid waste, recyclables, and organics materials collection and post-collection contract. As directed by the City, HF&H will also assist with various tasks associated with the rates, charges, and cost of service related to the City’s franchised solid waste, recyclables, and organic materials, collection and post-collection operations. Tasks may include, but are not limited to performance reviews, review of annual rate applications, and audits. HF&H will be available on a time and materials basis. 64

Page 1 of 3 ends

AMENDMENT #2 TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF

DUBLIN AND

HF&H CONSULTANTS, LLC
WHERE
AS, on June 2, 2021, the City of Dublin (hereinafter referred to as "CITY") and HF&H Consultants, LLC (hereinafter referred to as " CONSULTANT ") entered into a CONSULTANT Services Agreement for Solid Waste Franchise Agreement Amendment and SB 1383 Implementation services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on April 5 , 202 2, the C ITY and CON SULTANT amended the AGREEMENT to add scope, budget, and extend the term of service to June 30, 2024; and WHEREAS, the scope of work in the existing AGREEMENT is on-going; and WHEREAS, the CI TY and CONSULTANT now mutually desire to amend the AGREEMENT to include additional scope of work as described in Exhibit A , increase the compensation, and extend the term of services to June 30, 2026; and WHEREAS, the CITY and CON SULTANT now wish to amend the AGREEMENT to update the compensation schedule by modifying Exhibit B of the AGREEMENT.

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

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

Compe
nsation. City hereby agrees to pay Consultant a sum not to exceed $268,975, which includes a $15,000 contingency notwithstanding any contrary DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D 65

Page 2 of 3 ends

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

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subconsultants 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 subconsultants may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached.

4) Revised Exhibit B (Compensation Schedule & Reimbursable Expenses) of the AGREEMENT is amended per the attached.

5) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT.

6) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.

7) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.

SIGNATURES ON THE FOLLOWING PAGE
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D 66

Page 3 of 3 ends

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

CITY OF DUBLIN HF&H CONSULTANTS, LLC

By: _____________________________ By: _____________________________ Linda Smith, City Manager Rob Hilton, President

Dated:

ATTEST:

By:

Marsha Moore, City Clerk

APPROVED AS TO FORM:

By: _____________________________
City Attorney

***** “**”
“***”
“****”
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D 6/23/2023
67 EXHIBIT A

Tasks:

4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement amendments. Provide recommendations to the City during contract negotiations.

6. Support City staff with preparations and presentation to City Council De
liverables:

At minimum, deliverables for Task 1 shall include the following:

1. Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383 compliance status.

DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D 68 2. Financial Report detailing program implementation costs and potential funding sources to meet SB 1383 mandates.

3. Report outlining suggested amendments to the City’s existing solid waste franchise agreement.

4. Provide a draft solid waste ordinance revision with recommendations for updates to the City’s solid waste ordinances.

T
ask 2- Franchise Management Technical Assistance
A
s directed by the City, HF&H will assist with various tasks associated with monitoring, managing, analyzing, benchmarking, negotiating, and otherwise providing input regarding the City’s solid waste, recyclables, and organics materials collection and post-collection contract. As directed by the City, HF&H will also assist with various tasks associated with the rates, charges, and cost of service related to the City’s franchised solid waste, recyclables, and organic materials, collection and post-collection operations. Tasks may include, but are not limited to performance and compensation reviews, review of annual rate applications, and audits. HF&H will be available on a time and materials basis.

Task 3- SB 1383 Technical Assistance
T
asks:

1. Support Compost Brokering. HF&H will support the City in achieving compliance with its SB 1383 “Recovered Organic Waste Product Procurement” requirements as modified by AB 1985 in 2022. Specifically HF&H will facilitate an arrangement with Agromin, Inc. to broker the City’s recovered organic waste quota each year on the City’s behalf. Under this arrangement, Agromin would qualify as a direct service provider to the City. In addition, the Agreement with Agromin would have provisions for the City or City -specified projects to receive SB 1383- compliant compost or mulch products. HF&H’s scope of work for this task will include negotiating an Agreement with Agromin, facilitating review of that Agreement by City Attorney’s office, and preparing a brief staff report for City staff to bring the Agreement to City Council. Following City Council adoption of the Agreement, HF&H will work with Agromin at each reporting milestone to receive and review the reports and ensure that the City is on track for their annual requirements.

2. Support Modification of Municipal Code and Design Guidelines for Development Projects. HF&H will work with City staff to modify the Dublin Municipal Code to clarify requirements for new developments related to adequate space for recycling and organics. HF&H will facilitate a design session with City staff, including solid waste, engineering, and planning/building staff, to discuss the desired changes to the Municipal Code. Based on the input in the design session, HF&H will research practices in other communities to identify potential alternative approaches. HF&H DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D 69 will meet again with City staff to discuss the proposed handling of the issue prior to drafting the revised code language. Based upon the agreed-upon approach, HF&H will draft the Municipa l Coad language and/or design guidelines for the City’s consideration. The scope of work for this task includes one revised draft of the document.

3. Additional SB 1383 technical assistance may be requested by the City, as needed.

DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D 70 EXHIBIT B
CO

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

Executive Project Manager Project Advisor Lead Analyst
Hourly Rate $305 $225 $165 $115
S
tandard charges for common reimbursable direct expenses are as follows:

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

DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D 71 AMENDMENT #3 TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF

DUBLIN AND

HF&H CONSULTANTS, LLC
WHE
REAS, on June 2, 2021, the City of Dublin (hereinafter referred to as "CITY") and HF&H Consultants, LLC (hereinafter referred to as " CONTRACTOR ") entered into a CONTRACTOR Services Agreement for Solid Waste Franchise Agreement Amendment and SB 1383 Implementation services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, on April 5 , 202 2, a First Amendment to the AGREEMENT was entered into to add scope, budget, and extend the term of service to June 30, 2024; and WHEREAS, on June 20, 2023, a Second Amendment to the AGREEMENT was entered into to add scope, budget, and extend the term of service to June 30, 2026; and WHEREAS, the scope of work in the existing AGREEMENT is on-going; and WHEREAS, the CITY and CONTRACTOR now mutually desire to amend the AGREEMENT to include additional scope of work as described in Exhibit A and increase the compensation.

NOW T HEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Sec
tion 2 shall be rescinded in its entirety and replaced with the following:

Com
pensation. Cit y hereby agrees to pay Contractor a sum not to exceed $349,515 which includes a $30,000 contingency notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Page 2 of 3 ends

agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2) Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached.

3) Except to the extent inconsistent with this Third Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT.

4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.

5) The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment.

SIGNATURES ON THE FOLLOWING PAGE

DocuSign Envelope ID: 5D61A9E0-518D-48D5-8902-FBDA1A8F85EE 73

Page 3 of 3 ends

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

TY OF DUBLIN HF&H CONSULTANTS, LLC
B
y: _____________________________ By: _____________________________ Linda Smith, City Manager Rob Hilton, President
D
ated:

A
TTEST:

By:

Marsha Moore, Cit y Clerk
AP
PROVED AS TO FORM:

B
y: _____________________________
City Attorney
DocuSign Envelope ID: 5D61A9E0-518D-48D5-8902-FBDA1A8F85EE 12/5/2023
74 EXHIBIT A

SCOPE OF SERVICES
T
ask 1- Franchise Agreement Amendments and SB 1383 Implementation The Contractor will examine the City’s existing franchise agreement with AVI to determine what tasks and activities are recommended to be included in the franchise agreement as hauler responsibilities to ensure the City’s compliance with SB 1383 regulations. The Contractor will also review the City’s solid waste ordinances and provide guidance on recommended updates to the ordinances to meet SB 1383 requirements.

Subtasks:

4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement amendments. Provide recommendations to the City during contract negotiations.

6. Support City staff with preparations and presentation to City Council D
eliverables:

At minimum, deliverables for Task 1 shall include the following:

1. Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383 compliance status.

DocuSign Envelope ID: 5D61A9E0-518D-48D5-8902-FBDA1A8F85EE 75 2. Financial Report detailing program implementation costs and potential funding sources to meet SB 1383 mandates.

3. Report outlining suggested amendments to the City’s existing solid waste franchise agreement.

4. Provide a draft solid waste ordinance revision with recommendations for updates to the City’s solid waste ordinances.

Task 2- Franchise Management Technical Assistance

Task 3- SB 1383 Technical Assistance

Subtasks:

1. Support Compost Brokering. HF&H will support the City in achieving compliance with its SB 1383 “Recovered Organic Waste Product Procurement” requirements as modified by AB 1985 in 2022. Specifically HF&H will facilitate an arrangement with Agromin, Inc. to broker the City’s recovered organic waste quota each year on the City’s behalf. Under this arrangement, Agromin would qualify as a direct service provider to the City. In addition, the Agreement with Agromin would have provisions for the City or City -specified projects to receive SB 1383- compliant compost or mulch products. HF&H’s scope of work for this task will include negotiating an Agreement with Agromin, facilitating review of that Agreement by City Attorney’s office, and preparing a brief staff report for City staff to bring the Agreement to City Council. Following City Council adoption of the Agreement, HF&H will work with Agromin at each reporting milestone to receive and review the reports and ensure that the City is on track for their annual requirements.

2. Support Modification of Municipal Code and Design Guidelines for Development Projects. HF&H will work with City staff to modify the Dublin Municipal Code to clarify requirements for new developments related to adequate space for recycling and organics. HF& H will facilitate a design session with City staff, including solid waste, engineering, and planning/building staff, to discuss the desired changes to the Municipal Code. Based on the input in the design session, HF&H will research practices in other communities to identify potential alternative approaches. HF&H DocuSign Envelope ID: 5D61A9E0-518D-48D5-8902-FBDA1A8F85EE 76 will meet again with City staff to discuss the proposed handling of the issue prior to drafting the revised code language. Based upon the agreed-upon approach, HF&H will draft the Municipal Coad language and/or design guidelines for the City’s consideration. The scope of work for this task includes one revised draft of the document.

3. Additional SB 1383 technical assistance may be requested by the City, as needed.

T
ask 4- Disposal Contract Negotiations Assistance
The City’s current agreement with Waste Management for disposal of landfill waste at the Altamont Landfill expires on June 30, 2025. The Contractor will assist the City in negotiations with Waste Management on a new disposal contract. Some of the expected key terms of the agreement to be negotiated include the rate adjustment methodology, the term, compost procurement, and pricing.

S
ubtasks:

1. Review the City’s current disposal agreement and make suggestions for changes to terms of the agreement based on the City’s goals.

2. Coordinate and lead negotiation meetings with the City and WM.

4. Draft and finalize changes to the disposal agreement for review by the City.

5. Support City staff with preparations and presentation to City Council.

DocuSign Envelope ID: 5D61A9E0-518D-48D5-8902-FBDA1A8F85EE 77 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.3
DATE: October 1, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreements for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services Prepared by: Sai Midididdi, Associate Civil Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving agreements for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services with Bear Electrical Solutions, LLC and DC Electric Group.

STAFF RECOMMENDATION:

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 contractors on Capital Improvement Program (CIP) projects, private development projects, maintenance services projects, and for on-call, as-needed services to assist Staff in specific areas of technical, maintenance, and professional expertise.

Contractors are solicited through open and competitive requests for qualifications (RFQ) processes or through public competitive bid processes. Staff recently issued an RFQ for certain on- call traffic signal and streetlight services to find a contractor, or contractors, with the necessary background and expertise to provide such work at competitive costs.

The City currently contracts with Alameda County for routine, as-needed, and emergency traffic 78

Page 2 of 2 ends

signal and streetlight maintenance services. The RFQ sought other contractors that perform services not provided by Alameda County, such as concrete foundation replacement, or that augment services provided by Alameda County, particularly emergency services.

Four submissions were received in response to the RFQ. After reviewing the qualifications, Staff recommends two firms, Bear Electrical Solutions, LLC and DC Electric Group, to provide services for terms through June 30, 2027, and with a proposed compensation limit of $500,000 each. The recommended firms have 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, reserving the right to enter into an agreement with at a future date: St Francis Electric LLC and Tennyson Electric LLC.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving Agreements for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services with Bear Electrical Solutions, LLC and DC Electric Group
2) Exhibit A to the Resolution –Agreements with Bear Electrical Solutions, LLC and DC Electric Group
3) Request for Qualifications – On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services
4) Statements of Qualifications – On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support, and Emergency Repair Services
79 Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AGREEMENTS FOR ON-CALL ELECTRICAL, TRAFFIC SIGNAL, TRAFFIC

SIGNAL COMMUNICATION, STREETLIGHT SUPPORT, AND EMERGENCY REPAIR

SERVICES WITH BEAR ELECTRICAL SOLUTIONS, LLC AND DC ELECTRIC GROUP WHEREAS, on July 16, 2024, Staff issued a Request for Qualifications (RFQ) for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair Services; and
WHEREAS, the City received four 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 agreements with Bear Electrical Solutions, LLC and DC Electric Group, each for a not-to-exceed amount of $500,000 over a three-year term; and WHEREAS, the City also wishes to enter into agreements at a later date, for the following firms which were deemed to be qualified as part of the RFQ solicitation process: St Francis Electric LLC and Tennyson Electric LLC.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreements with Bear Electrical Solutions, LLC and DC Electric Group, attached hereto as Exhibit A.

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

PASSED, APPROVED AND ADOPTEDthis 1st day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

BEAR ELECTRICAL SOLUTIONS, LLC
FOR

ON-CALL ELECTRICAL, TRAFFIC SIGNAL, TRAFFIC SIGNAL COMMUNICATION,

STREETLIGHT SUPPORT AND EMERGENCY REPAIR SERVICES
THIS AGREEMENT for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair services is made by and between the City of Dublin (“City”) and Bear Electrical Solutions, LLC (“Contractor”) (together sometimes referred to as the “Parties”) as of October 2, 2024 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Service attached as Exhibit A at the time and place and in the manner specified therein.

In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section

8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

Attachment 2
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1.5 Public Works Contractor Registration . Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code.

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

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

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

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

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Page 4 of 21 ends

necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

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

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City.

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

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

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2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A.

85 Services Agreement between October 2, 2024
City of Dublin and Bear Electrical Solutions, LLC Page 6 of 21 Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND

PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF

CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY

EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO
PATHOGENS.

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

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

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City of Dublin and Bear Electrical Solutions, LLC Page 7 of 21 damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

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

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

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of

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City of Dublin and Bear Electrical Solutions, LLC Page 8 of 21 this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

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

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City of Dublin and Bear Electrical Solutions, LLC Page 9 of 21 primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

4.3 All Policies Requirements.

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

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

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

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

Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

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

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City of Dublin and Bear Electrical Solutions, LLC Page 11 of 21 The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Section 6. STATUS OF CONTRACTOR.

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

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Section 7. LEGAL REQUIREMENTS.

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

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

In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

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City of Dublin and Bear Electrical Solutions, LLC Page 13 of 21 political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

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

Section 8. TERMINATION AND MODIFICATION.

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

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

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

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest

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

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

8.6.1 Immediately terminate the Agreement;

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

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

Section 10. MISCELLANEOUS PROVISIONS.

10.4 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.

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Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City.

If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.

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

10.9 Notices. Any written notice to Contractor shall be sent to:

Robert Asuncion, TE
1252 State Street, PO Box 924
Alviso, CA 95002
Any written notice to City shall be sent to:

City of Dublin
Att: Sai Midididdi

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Dublin, CA 94568

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

Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses

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

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

10.13 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq.

A. HOURS OF WORK:
i. 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.
ii. 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

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WAGES:
i. 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.
ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their

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City of Dublin and Bear Electrical Solutions, LLC Page 19 of 21 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:
a. 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.
b. 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.
c. 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.
d. 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.
iii. 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

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a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of
California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the
public works project.

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

SIGNATURES ON FOLLOWING PAGE

100
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City of Dublin and Bear Electrical Solutions, LLC Page 21 of 21 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 BEAR ELECTRICAL SOLUTIONS, LLC
Linda Smith D’Ambrosio, City Manager Robert Asuncion, Vice President Attest:

Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:

City Attorney
3070365.1

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 1 of 15

EXHIBIT A

SCOPE OF SERVICES

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
On-Call Electrical, Traffic Signal, Traffic Signal Communication, and Streetlight Support and Emergency Repair Services
The City’s traffic signal and streetlight preventive maintenance services are contracted to Alameda County Traffic Signal Maintenance staff. The Contractor(s) selected through this RFQ shall provide On-Call Support and Emergency Repair Services for the City’s traffic signals, streetlight and other electrical infrastructure. The Contractor will primarily provide support to City staff or Alameda County Traffic Signal Maintenance staff as needed on a workorder basis. On-call and during emergency situations, the Contractor shall furnish and supply all labor, equipment, and materials and perform all work, as needed, to maintain and repair all traffic signal equipment, fiberoptic cable, safety lights, and streetlights. Various classifications of On-Call repair work include the following services listed below. No payment will be made for services not expressly authorized by the City staff.

1.0 Accidental Damage Repair
On the City’s request, the Contractor shall repair damage to traffic signal systems and streetlights resulting from traffic accidents. Accidental damage repair work includes cleanup of debris from an accident, such as a pole knockdown, erection of barricades or signs, or hookup of a temporary signal controller, temporary poles and signals, if necessary, and any other work required to safeguard against any or all injury or damage to the public and reduce to a minimum any inconvenience to the public. The Contractor shall provide adequate traffic control and warning signs per the latest MUTCD guidelines and shall maintain erected warning and directional signs while work is in progress. Two signal heads facing each approach shall be considered the minimum acceptable operation pending permanent repairs unless otherwise authorized by City staff. All temporary signals, controllers, or other equipment shall provide the same functional capability as the original installation.

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 2 of 15 • Traffic signal poles and mast arms
• Safety lighting poles
• Video system installation and repair – CCTV & video detection • Emergency Vehicle Pre-emption
• Battery Back-up Systems (BBS)
• Audible Pedestrian Signals (APS)
• Loop Vehicle Detection Systems
• Associated or appurtenant concrete work for sidewalk and curb ramps that may need to be modified or adjusted based on traffic signal modifications • Underground utility installation & repair
• Live Electronic Records Management System
• After hours and emergency response, including PG&E Public Safety Power Shutoff (PSPS)Events, Flex Alerts, other planned power shutoff events

1.2 Detector Loops
On the City’s request, the Contractor shall test detector loops, detection cameras and detector lead-in-cables for Meg Ohms reading, continuity, frequency, and inductance. At the request of City staff, the Contractor shall provide qualified staff to repair the detector loops per State and City standards.

1.3 Video Detection
On the City’s request, the Contractor shall provide qualified personnel to install, test and adjust the video detection systems. Otherwise, the Contractor will be responsible to hire qualified personnel from the video detection manufacturer to program the camera at their expense. The Contractor shall also be able to install, operate and program a pan– tilt–zoom camera (PTZ camera) as needed.

1.4 Streetlights
On the City’s request, the Contractor shall provide temporary or permanent repairs to streetlight equipment and appurtenances (LED fixtures, photocell) which the Contractor may be called upon from time to time by the City to repair, replace, or refurbish when streetlight or streetlight pole has been damaged by such things as, but not limited to, vehicle accidents or natural causes. The contractor shall ensure that in the event of a knockdown, that the affected area is secure and that no exposed wires are present. At the request of City staff, the Contractor shall repair or replace streetlight wire and conduits in the event of an outage or wire theft. Unless specified, the City will furnish the appropriate LED fixtures to the contractor.

1.5 New Traffic Signal Turn-on Support

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 3 of 15 On the request of City staff, the Contractor shall provide the following services to facilitate the installation of a new traffic signal or pedestrian hybrid beacon:

1. Prior to the acceptance of a new traffic signal by the City, the Contractor will inspect the traffic signal and prepare a punch list for corrective measures (if required). The signal construction Contractor will undertake all corrective measures.

2. The Contractor shall test related timing plans in the controller for new traffic signals before they are installed.

3. The Contractor shall provide qualified personnel to make all necessary field connections of the new traffic signal to the controller. This includes, but is not limited to, signal interconnect cable, detector lead-in cable, video detection (i.e., GPS, Opticom, etc.)

4. The Contractor shall be present at signal turn-ons even if the traffic signal is being constructed by a different contractor.

1.6 Training
City staff may request training in the use of certain equipment. This training will be provided on a time-and-material basis, as required. Tasks may include programming a controller, video detection system and any assistance to City staff.

1.7 Traffic Control
The Contractor shall conduct operations to cause the least possible obstruction and inconvenience to public traffic. All traffic shall be permitted to pass through the work area. Contractor shall furnish, erect, and maintain sufficient warning and directional signs, barricades, and lights and shall furnish sufficient flagmen to give adequate warning to the public, at all times, that the road or street is under construction and of any dangerous conditions that may be encountered as a result thereof, in accordance with the CA MUTCD.

Whenever it is necessary to block any traffic lanes in order to complete any portion of the work, the Contractor shall notify the Dublin Police Department and the Dublin Fire Department, as well as City staff. Lane closure and times scheduled for closure shall be subject to approval of City staff. At least one (1) lane of traffic shall be kept open in each direction, at all times. On major arterials, no lane closures shall take place before 9:00 a.m. or after 3:00 p.m., without prior approval from City staff.

Failure on the part of the Contractor to provide adequate signing and barricading will give authority to City staff to provide such protection, as is necessary by City forces or an independent contractor. All costs of protection shall be charged to the Contractor.

Repetitive failure shall be sufficient cause to terminate the contract.

1.8 Spare Materials and Equipment Availability

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 4 of 15 The Contractor shall maintain adequate storage and shop repair facilities to perform all work including a sufficient stock of common spare parts and signal equipment to effect permanent repairs to the system with the exception of controllers and cabinets. The City will provide spare controllers and cabinets on an as needed basis. The Contractor shall be responsible for maintaining adequate storage facilities to store City supplied materials.

The contractor shall provide equipment and apply installation procedures which are acceptable to City staff and per City standards.

1.9 Parts, Material Quality, and Workmanship
Unless otherwise provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this agreement shall be of the best quality of their respective kind and for their purpose. Wherever replacement of material or equipment, in accordance with the Standard Plans and Specifications may cause an obvious difference in either appearance or operation of the system or would be in any way incompatible with other existing equipment, the Contractor shall so inform City staff. All phases of the work are subject to inspection and approval of City staff.

All permanent repairs to the system shall be undertaken within a time period approved by the City Engineer. Failure to effect permanent repairs within this time limit shall be sufficient cause for City staff to authorize repairs to be completed by another contractor.

The Contractor shall be responsible for furnishing all spare parts necessary to maintain the continued safe and efficient operation of the signals whenever the original unit is withdrawn for maintenance, repair, or modification. All component parts of each system shall be maintained at all times to perform the functions for which they were designed, unless authorized otherwise by City staff.

1.10 Maintenance Records
The following records shall be maintained by the Contractor covering signal maintenance activities:

A record of all service calls, repairs, and relevant data pertaining to each individual intersection will be kept in the controller cabinet and properly annotated by the Contractor, at the time of any repair work or modifications. A duplicate record will be kept on file in the Contractor's office and will be sent to City staff, included on the monthly summary report. The Contractor shall supply a copy of the maintenance record to City staff.

Signal-timing charts will be kept in the controller cabinet. The Contractor shall record all signal-timing changes on these charts, and identify the personnel implementing the change and dates of changes. Only City staff shall authorize timing changes. The Contractor may make changes required on a temporary basis due to maintenance

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 5 of 15 operations, such as detector failures, but must inform City staff immediately of each change.

A duplicate record of all service calls, repairs, and relevant data pertaining to each individual request is to be kept on file in the Contractor’s office and available to the City upon request.

A database shall be maintained indicating previous and scheduled work orders.

1.11 Maintenance Report
The Contractor shall provide reports when on-call to City staff. The submitted report shall contain, as a minimum, the following information on every work order:
• Date of visit to the location
• Location/Intersection name and/or number
• Purpose of the visit (include the name of City staff who requested the service) • Work accomplished during the visit
The Contractor shall submit to City staff reports of any breakdowns of individual pieces of equipment due to mechanical failure, and report of major repairs to any equipment, the reason for repairs and recommendation for any major repairs to equipment that the Contractor deems necessary for proper performance. Before any work is begun, the Contractor shall provide a quote to be approved by City staff.

1.12 Work Force

1. The Contractor shall always maintain a force of sufficiently trained, qualified traffic signal maintenance employees, preferably International Municipal Signal Association (IMSA) certified, having work experience of a minimum of two years to perform the work as required by City staff.

2. The team of qualified employees shall be sufficient to respond to emergency calls, which may be received at any time, and to promptly make temporary and permanent repairs.

3. The Contractor shall retain qualified engineering or technical personnel capable of working with the types of controllers in the City's system (example:

NAZTEC 980, 2070, Cubic Trafficware 980 ATC and Commander).

1.13 Response and Service
The Contractor shall provide response and service in the following manner:

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 6 of 15 seven (7) days a week, including holidays. A fax number and an e- mail address for transmitting documents shall be owned and operated by the Contractor.

2. The Contractor shall provide adequate shop facilities, maintenance vehicles with two-way radio dispatch capability, and tools, inventory, and testing equipment to accomplish all the work described above

3. When the notification is sent by City staff to the Contractor regarding an on-call work:
a. If the Contractor receives the call between 8:00 a.m. and 5:00 p.m., the response time shall not exceed two (2) hours, Monday through Friday. b. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours.
c. When a situation exists that City staff deems dangerous or an emergency and so advises the Contractor, the Contractor shall dispatch qualified personnel and appropriate equipment and material to correct the situation, as soon as possible, but in no case later than indicated above. d. Contractor’s response to emergency repair should be coordinated with City staff.

2. Other Work

2.1 Conduit Installation
The Contractor shall provide all necessary labor, equipment, and materials to install conduits for traffic signals, signal interconnects or any other work as required by City staff. The work shall be paid in accordance with the contract unit price on Schedule F and G.

2.2 Replace/Install Only
City staff may, from time to time, ask the Contractor to replace existing signal appurtenances with new or advanced ones. City staff will supply the materials and the Contractor’s responsibility shall be limited to the installation and replacement only.

Payment for such work shall be in accordance with the contract unit price on Schedule H.

2.3 Specific Material Installation Rates
The Contractor shall provide all necessary labor, equipment, and materials for responses and services to execute any work shown either on Schedule D or Schedule E. The cost of such repairs shall be billed in accordance with the contract unit price on Schedule D during regular work hours. Work executed during weekends and beyond regular work hours shall be paid in accordance with the unit contract price on Schedule E.

2.4 Minor Repair

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Services Agreement between October 2, 2024
City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 7 of 15 The payment for minor repair work, such as fixing of turned signal heads, turned pedestrian signal heads, loose back plates, loose visors, loose internally illuminated street name signs (IISNS) or re-splicing of loops, shall be paid in accordance with the contract unit price on Schedule J, during regular work hours. Work executed during weekends and beyond regular work hours shall be paid in accordance with the contract unit price on Schedule I.

3. Lump Sum Work

3.1 Repair of Radar Signs and Flashing Beacons Damaged due to Accident/Vandalism/Acts of God
The Contractor shall provide all necessary labor, equipment, and material for responses and services to repair any existing Radar Sign or Flashing Beacon damaged as a result of accidents, vandalism (wire theft), and other acts beyond the control of the City or the Contractor or install at new locations. If applicable, all or part of such work shall be paid in accordance with any category under the appropriate unit price schedules. If not applicable, all or part of the work shall be paid in accordance with hourly labor rates and equipment rates (Schedules A and B) plus the marked-up invoice cost (less than or equal to 10%) of the materials. The Contractor shall be responsible for dividing the work under unit price work and lump sum work and submitting an invoice/quote to City staff for payment or approval for execution of the work.

3.2 Signal Modifications
Whenever City staff deems it necessary to make modifications to an existing, aging traffic signal infrastructure, City staff shall authorize the Contractor to make the necessary modifications. The Contractor shall make such modifications only after receiving a plan and/or an authorization in writing from City staff. The Contractor shall provide all necessary labor, equipment, and materials to provide signal modification work as recommended and approved by City staff. If applicable, all or part of such work shall be paid in accordance with any category under the appropriate unit price schedules. If not applicable, all or part of the work shall be paid in accordance with hourly labor rates and equipment rates (Schedules A and B) plus the marked-up invoice cost (less than or equal to 10%) of the materials. The Contractor shall be responsible for dividing the work under unit price work and lump sum work and submitting a quote to City staff for approval. The City also reserves the right to advertise for competitive bids to effect repairs or modifications to any signal or signal system. Examples of such work include but are not limited to:

1. Replace the aging/existing green vehicle signal indications (green arrows and green circle indications) at 58 intersections with new indications. The approximate number of green indications is 1,100.

2. Replacing the aging vehicle detection system at four intersections along San Ramon Road.

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Services Agreement between October 2, 2024
City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 8 of 15

The Contractor shall also provide qualified staff to complete the following scope:
• ITS expertise including networking design, implementation, and deployment as well as programming and activation of switches, hubs, & routers • Certified Fiber Installation, Splicing, Testing, Reporting, and Turn-On • Certified technicians to land and connect the fiber in traffic signal cabinet and the City’s traffic Operation Center.

3.4 Overview of On-Call Projects Process
When requesting services for work under on-call contract, a City project manager will request services on a “Time and Material” basis. The selected firm’s services shall be provided based on the costs proposed in the below “Cost Proposal” for scope mentioned in Section 1 and 2. The services will be negotiated on a per project basis and have a budget and specific work scope, submitted on letterhead and signed by the designated project manager for Lump sum Work mentioned in Sections 3.

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 9 of 15

SCHEDULE A

LABOR SCHEDULE
# Description Hourly Rate
Straight
Time Overtime
Operations Superintendent1 Reviews and Approves all work; provides input to Engineer $ 155.00 $ 220.00 Engineering Technician
2 Acts as technical liaison; assists Engineer with operation of equipment
$ 145.00 $ 210.00
Lead Man3 Guides and assists field technicians and signalmen $ 155.00 $ 220.00 Traffic Signal Technician – Field
4 Troubleshoots, maintains, repairs field equipment, and programming controller with signal timing plan.
$ 145.00 $ 210.00
Traffic Signal Technician – Lab
5 Troubleshoots, maintains, repairs equipment in lab, and programming controller with signal timing plan.
$ 145.00 $ 210.00
Traffic Signal Person6 Under direction of lead man, assists field $ 145.00 $ 210.00 7 Traffic Signal Person – Apprentice In-training; assists traffic signalman $ 135.00 $ 200.00
Traffic Signal Laborer8 Assists signalman in field $ 95.00 $ 125.00

SCHEDULE B

EQUIPMENT SCHEDULE
# Description Cost per Response or
Call/Per Hour
1 Personnel Vehicle (Per
Response) $ 50.00
2 Pickup Truck (Per
Response) $ 50.00
3 Service Truck (Per
Response) $ 50.00
4 Boom Truck (Per Hour) $ 65.00
5 Paint Rig Truck (Per
Response) $ 100.00
6 Bucket Truck (Hydraulic, Man-Lift) (Per Hour) $ 40.00 7 Air Compressor (Per
Response) $ 100.00
8 Water Truck (Per
Response) $ 100.00
9 Concrete Saw (Per
Response) $ 100.00

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 10 of 15

SCHEDULE C

EQUIPMENT TESTING SCHEDULE
# Description Unit Costs
1 New Controller Cabinet (TS – 2 Type 1 “P”) Each $
1,200.00
2 New Signal Controller Each $ 350.00

MODIFIED SCHEDULE D

SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (STRAIGHT TIME) # Description Unit Cost
1 1 to 4 (6’x6’) Type E Loop Each $ 750.00
2 5 to 8 (6’X6’) Type E Loop Each $ 650.00
3 1 to 4(modified round Type D loops) Type E loops with a circular shape Each $ 750.00
4 5 to 8 (modified round Type D loops) Type E loops with a circular shape Each $ 650.00
5 Furnish and install Audible PPB (Polara) Polara 2 Wire iNS25AN0-G PPB. Include furnish and installation of CCU. Each $ 4,370.00 6 Furnish and replace Audible PPB (Polara) Polara 2 Wire iNS25AN0-G PPB Each $ 800.00
7 Furnish and install ADA compliant PPB post (no foundation replacement) Each $ 640.00
8 Furnish and install ADA compliant PPB post (with foundation replacement) Each $ 2,000.00
9 Furnish and Install Caltrans Standard Type 15 pole with new 8’ luminaire mast arm (no foundation replacement) Each $ 4,720.00 10 Furnish and Install Caltrans Standard Type 15 pole with new 8’ luminaire mast arm (with foundation replacement) Each $ 10,250.00 11 Furnish and Install 12’ Decorative pedestrian light pole (no foundation replacement) – Philips LUMEC Pole: SM6N-18.5-IP- PW-BKTX-LMS46497K
Each $ 7,000.00
12 Furnish and Install 12’ Decorative pedestrian light pole (with foundation replacement) – Philips LUMEC Pole: SM6N-18.5-IP- PW-BKTX-LMS46497K
Each $ 13,945.00
13 Deleted $-
14 Deleted $-
15 Caltrans Standard Type 1-A – 10’ (no foundation replacement) Each $ 2,840.00 16 Caltrans Standard Type 1-A - 10’ (with foundation replacement) Each $ 6,800.00 17 Caltrans Standard Type 1-B – 10’ (no foundation replacement) Each $ 2,150.00 18 Caltrans Standard Type 1-B - 10’ (with foundation replacement) Each $ 5,900.00 19 Caltrans Standard Type 1-D – 10’ (no foundation replacement) Each $ 2,800.00 20 Caltrans Standard Type 1-D -10’ (with foundation replacement) Each $ 7,000.00 21 Furnish and Install Caltrans Standard Type 18-4-100 with foundation with 30’ mast arm Each $ 29,800.00

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 11 of 15 22 Furnish and Install Caltrans Standard Type 19-4-100 with foundation with 30’ mast arm Each $ 34,900.00
23 Furnish and Install Caltrans Standard Type 17-3-100 with foundation with 30’ mast arm Each $ 50,500.00
24 Install City-furnished Video Detection Camera (new) along with cable run Per Camera $ 1,500.00
25 Replace existing camera with city-furnished Video Detection Camera Per Camera $ 1,500.00
26 Install Caltrans Standard Type 15 pole with new 8’luminaire mast arm with LED light and Install Foundation, Luminaire:

Leotek Green Cobra Streetlights, include photocell, GCJ1-30J- MV-30K-2R-GY-035-PCR7-CR-WL-RWG
Each $ 9,500.00
27 Install Caltrans Standard Type 15 pole with new 8’luminaire mast arm with LED light, Luminaire: Leotek Green Cobra
Streetlights, include photocell, GCJ1-30J-MV-30K-2R-GY-035- PCR7-CR-WL-RWG
Each $ 3,500.00
28 Remove existing type 15 Pole Each $ 1,500.00
29 Pull box # 3.5 install in sidewalk area, include sidewalk restoration cost Each $ 540.00
30 Pull box # 5 install in sidewalk area, include sidewalk restoration cost Each $ 560.00
31 Pull box # 6 install in sidewalk area, include sidewalk restoration cost Each $ 625.00
32 Pull box #6E install in sidewalk area, include sidewalk restoration cost $ 690.00
33 Pull box #N48 install in sidewalk area, include sidewalk restoration cost $ 1,450.00
34 Pull box lid for # 3.5, concrete lid only allowed Each $ 190.00 35 Pull box lid for #5, concrete lid only allowed Each $ 230.00 36 Pull box lid for #6, concrete lid only allowed Each $ 270.00 37 Pull box lid for #6E, concrete lid only allowed $ 270.00 38 Pull box lid for #N 48, concrete lid only allowed $ 645.00 39 12” LED signal (Green – Ball) Each $ 140.00
40 12” LED signal (Yellow – Ball) Each $ 140.00 41 12” LED signal (Red – Ball) Each $ 140.00
42 12” LED signal (Green – Arrow) Each $ 140.00 43 12” LED signal (Yellow – Arrow) Each $ 140.00 44 12” LED signal (Red – Arrow) Each $ 140.00
45 Install LED countdown pedestrian signal Each $ 250.00 46 Type “C” pedestrian signal housing Each $ 315.00 47 12” full circle visor Each $ 65.00
48 3 section 12” back plate (Louvered) Each $ 175.00 49 3 section signal head complete assembly installation, Complete assembly includes signal head, framework, LED modules,
backplate and visor
Each* $ 1,250.00
50 4 section signal head complete assembly installation Each* $ 1,465.00 51 5 section signal head complete assembly installation Each* $ 1,680.00

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 12 of 15 52 Sidewalk Replacement (5’ X 5’ X 4’) Per Flag $ 2,560.00 53 Furnish and Install GPS based Optical Detector on mast arm, Include cable installation Each $ 1,280.00
54 Furnish and Install GPS based Discriminator Card – 2 Channel, Opticom 762 Phase Selector Each $ 4,280.00
55 Furnish and Install CCTV/PTZ camera system with switch, CODEC, and cabling AXIS P5655–E PTZ Network Camera Each $ 4,450.00 56 Furnish and Install LED illuminated street name sign (6 feet) Temple Edge-Lit LED RAZOR SNS or approved equal. Do not include conductor and cable installation.

Each $ 4,050.00
57 Furnish and Install LED illuminated street name sign (8 feet) Temple Edge-Lit LED RAZOR SNS or approved equal. Do not include conductor and cable installation.

Each $ 4,300.00
58 Locate and mark existing traffic signal loop Per Loop $ 275.00 59 Bore and install 3” conduit with 12 SM Fiber Optics line to replace an existing damaged conduit. Include traffic control, potholing and restoration
LF $ 130.00
60 Bore and install 3” conduit with 140 SM Fiber Optics line to replace an existing damaged conduit. Include traffic control, potholing and restoration.

LF $ 140.00
61 Test the fiber optic line, end to end, both direction (OTDR) LS $ 550.00 62 Trouble shoot fiber optics break Hour $ 185.00 *Priced with TV-1T Framework

SCHEDULE E

SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (OVER TIME) # Description Unit Cost
1 1 to 4 (6’x6’) inductive loops (Type A or D) Each $ 1,400.00 2 1 to 4 Type E Loop Each $ 1,400.00
3 5 to 8 Type E Loop Each $ 1,300.00
4 5 to 8 (6’x6’) inductive loops (Type A or D) Each $ 1,200.00 5 9 or more (6’x6’) inductive loops (Type A or D) Each $ 1,300.00 6 PPB post (no foundation replacement) Each $ 975.00 7 PPB post (with foundation replacement) Each $ 1,500.00 8 Type 1-A – 10’ (no foundation replacement) Each $ 4,260.00 9 Type 1-A – 10’ (with foundation replacement) Each $ 8,750.00 10 Type 1-B – 10’ (no foundation replacement) Each $ 3,225.00 11 Type 1-B – 10’ (with foundation replacement) Each $ 8,450.00 12 Type 1-D – 10’ (no foundation replacement) Each $ 4,200.00 13 Type 1-D – 10’ (with foundation replacement) Each $ 8,750.00 14 Pull box # 3.5 Each $ 180.00
15 Pull box # 5 Each $ 200.00
16 Pull box # 6 Each $ 230.00
17 Pull box lid for # 3.5 Each $ 180.00

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 13 of 15 18 Pull box lid for # 5 Each $ 200.00
19 Pull box lid for # 6 Each $ 230.00
20 12” LED signal (Green – Ball) Each** $ 560.00 21 12” LED signal (Yellow – Ball) Each** $ 560.00 22 12” LED signal (Red – Ball) Each** $ 560.00
23 12” LED signal (Green – Arrow) Each** $ 560.00 24 12” LED signal (Yellow – Arrow) Each** $ 560.00 25 12” LED signal (Red – Arrow) Each** $ 560.00 26 8” LED signal (Green – Ball) Each** $ 555.00 27 8” LED signal (Yellow – Ball) Each** $ 555.00 28 8” LED signal (Red – Ball) Each** $ 555.00
29 8” LED signal (Green – Arrow) Each** $ 555.00 30 8” LED signal (Yellow – Arrow) Each** $ 555.00 31 8” LED signal (Red – Arrow) Each** $ 560.00
32 LED pedestrian signal Each** $ 645.00
33 LED countdown pedestrian signal Each** $ 670.00 34 Audible signal Each** $ 745.00
35 Type “C” pedestrian signal housing Each** $ 560.00 36 12” full circle visor Each** $ 535.00
37 8” full circle visor Each** $ 560.00
38 3 section 8” back plate (Louvered) Each** $ 585.00 39 3 section 12” back plate (Louvered) Each** $ 585.00 40 3 section signal head complete assembly installation Each** $ 1,295.00 41 4 section signal head complete assembly installation Each** $ 1,935.00 42 5 section signal head complete assembly installation Each** $ 2,575.00 43 Remove and secure a knockdown streetlight Each** $ 780.00

SCHEDULE F

CONDUIT SUPPLY AND INSTALL SCHEDULE
# Description Unit Cost
RIGID PVC CONDUIT (SCHEDULE 40)
1 Trench 1.5” conduit LF $ 35.00
2 Trench 2.0” conduit LF $ 36.00
3 Trench 2.5” conduit LF $ 37.00
4 Trench 3” conduit LF $ 38.00
5 Bore 1.5” conduit LF $ 130.00
6 Bore 2.0” conduit LF $ 130.00
7 Bore 2.5” conduit LF $ 130.00
8 Bore 3” conduit LF $ 130.00
RIGID PVC CONDUIT (SCHEDULE 80)

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 14 of 15 1 Trench 1.5” conduit LF $ 40.00
2 Trench 2.0” conduit LF $ 41.00
3 Trench 2.5” conduit LF $ 42.00
4 Trench 3” conduit LF $ 43.00
5 Bore 1.5” conduit LF $ 130.00
6 Bore 2.0” conduit LF $ 130.00
7 Bore 2.5” conduit LF $ 130.00
8 Bore 3” conduit LF $ 130.00

SCHEDULE G

CONDUIT SUPPLY AND INSTALL SCHEDULE
# Description Unit Cost

RIGID STEEL CONDUIT
1 Trench 1.5” conduit LF $ 50.00
2 Trench 2.0” conduit LF $ 51.00
3 Trench 2.5” conduit LF $ 52.00
4 Trench 3” conduit LF $ 53.00
5 Bore 1.5” conduit LF $ 140.00
6 Bore 2.0” conduit LF $ 140.00
7 Bore 2.5” conduit LF $ 140.00
8 Bore 3” conduit LF $ 140.00

SCHEDULE H

REPLACE/INSTALL SCHEDULE (MATERIALS WILL BE SUPPLIED BY THE CITY WHERE

SPECIFIED)
# Description Unit Cost
1 City furnished Battery Backup system in an existing “P” cabinet Each $ 2,960.00 2 City furnished Battery Backup system in a stand-alone cabinet Each $ 2,960.00 3 City furnished Battery Backup system and foundation Each $ 5,920.00 4 City furnished LED signal (vehicle indication only) Each $ 185.00 5 City furnished LED signal (Pedestrian indication only) Each $ 185.00 6 Installation of Timing Plan in controller Each $ 370.00 7 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on existing foundation Each $ 2,960.00
8 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on new foundation. Furnish and install new foundation Each $ 5,920.00 9 City furnished Pedestrian signal housing replacement (Type C) Each $ 370.00 10 Attach City furnished solar-powered radar sign to existing pole Each $ 1,480.00 11 Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in sidewalk Each $ 6,450.00 12 Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in dirt Each $ 5,920.00

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City of Dublin and Bear Electrical Solutions, LLC Exhibit A – Page 15 of 15 13 Install City furnished RRFB. Furnish and install foundation with pole in dirt (complete system may be 2 or 3 RRFB) LS $ 5,920.00 14 Install City furnished RRFB. Furnish and install foundation with pole in sidewalk (complete system may be 2 or 3 RRFB) LS $ 5,920.00 15 Install City furnished GPS Opticom with receiver Each $ 740.00

SCHEDULE I

MINOR REPAIR SCHEDULE (STRAIGHT TIME)
# Description Unit Cost
1 Turned signal head Each $ 277.50
2 Turned pedestrian signal head Each $ 277.50
3 Loose back plate Each $ 277.50
4 Loose or missing visor Each $ 185.00
5 Re-splice loop Each $ 370.00
6 Reseal Loop Each $ 740.00
7 Loose IISNS Each $ 277.50
8 Installation of traffic sign on mast arm Each $ 277.50 9 Signal on Flash and Reset the MMU Each $ 370.00 10 Clean PTZ and Video detection lens Each $ 277.50

SCHEDULE J

MINOR REPAIR SCHEDULE (OVERTIME)
# Description Unit Cost
1 Turned signal head Each $ 277.50
2 Turned pedestrian signal head Each $ 277.50
3 Loose back plate Each $ 277.50
4 Signal on Flash and Reset the MMU Each $ 370.00 5 Loose visor Each $ 185.00
6 Re-splice loop Each $ 370.00
7 Signal on Flash and Reset the MMU Each $ 370.00 8 Reseal Loop Each $ 740.00
9 Loose IISNS Each $ 277.50
Please note all reimbursable costs are included in rates above.

All CPI increases shall be calculated by Contractors and requested for adjustment each May, effective each July 1st. 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 Public Works Management Analyst, or their designee, for approval prior to taking effect. Remit invoices to: [email protected]

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CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

DC ELECTRIC GROUP
FOR

ON-CALL ELECTRICAL, TRAFFIC SIGNAL, TRAFFIC SIGNAL COMMUNICATION,

STREETLIGHT SUPPORT AND EMERGENCY REPAIR SERVICES
THIS AGREEMENT for On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair services is made by and between the City of Dublin (“City”) and DC Electric Group (“Contractor”) (together sometimes referred to as the “Parties”) as of October 2, 2024 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services 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.

1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the

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standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.

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

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compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

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

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

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City.

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

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

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work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND

PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF

CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY

EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO
PATHOGENS.

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

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

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

4.1 Workers’ Compensation.

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

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

4.2 Commercial General and Automobile Liability Insurance.

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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.

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.

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4.3 All Policies Requirements.

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

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

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

4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be

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canceled by either party, except after 30 days’ prior written notice has been provided to the City.

Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

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damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

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

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

In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

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

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

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Section 8. TERMINATION AND MODIFICATION.

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

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

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

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

8.6.1 Immediately terminate the Agreement;

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

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California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10.4 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.

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Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City.

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

10.9 Notices. Any written notice to Contractor shall be sent to:

John Abraham, Regional Manager
40 Berry Drive, Pacheco, CA 94553
P.O.Box 7525, Cotati, CA 94931
Any written notice to City shall be sent to:

City of Dublin
Att: Sai Midididdi
100 Civic Plaza
Dublin, CA 94568

Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses

10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and

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

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

10.13 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq.

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. iii.

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

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week, in violation of the provisions of California Labor Code Section 1810 and following.

B. WAGES:
i. 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.
ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage 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:
a. The contract executed between the Consultant and the subcontractor for the performance of part of the services

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described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. 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.
c. 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.
d. 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.
iii. 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:
a. The information contained in the payroll record is true and correct.
b. 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

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its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
iv. 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.
v. 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.

SIGNATURES ON FOLLOWING PAGE

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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN DC ELECTRIC GROUP, INC.

Linda Smith D’Ambrosio, City Manager John Abraham, Regional Manager Attest:

Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:

City Attorney
3070365.1

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EXHIBIT A

SCOPE OF SERVI
CES

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
On-Call E
lectrical, Traffic Signal, Traffic Signal Communication, and Streetlight Support and Emergency Repair Services
The City
’s traffic signal and streetlight preventive maintenance services are contracted to Alameda County Traffic Signal Maintenance staff. The Contractor(s) selected through this RFQ shall provide On-Call Support and Emergency Repair Services for the City’s traffic signals, streetlight and other electrical infrastructure. The Contractor will primarily provide support to City staff or Alameda County Traffic Signal Maintenance staff as needed on a workorder basis. On-call and during emergency situations, the Contractor shall furnish and supply all labor, equipment, and materials and perform all work, as needed, to maintain and repair all traffic signal equipment, fiberoptic cable, safety lights, and streetlights. Various classifications of On-Call repair work include the following services listed below. No payment will be made for services not expressly authorized by the City staff.

1.0 Acci
dental Damage Repair
On the C
ity’s request, the Contractor shall repair damage to traffic signal systems and streetlights resulting from traffic accidents. Accidental damage repair work includes cleanup of debris from an accident, such as a pole knockdown, erection of barricades or signs, or hookup of a temporary signal controller, temporary poles and signals, if necessary, and any other work required to safeguard against any or all injury or damage to the public and reduce to a minimum any inconvenience to the public. The Contractor shall provide adequate traffic control and warning signs per the latest MUTCD guidelines and shall maintain erected warning and directional signs while work is in progress. Two signal heads facing each approach shall be considered the minimum acceptable operation pending permanent repairs unless otherwise authorized by City staff. All temporary signals, controllers, or other equipment shall provide the same functional capability as the original installation.

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City of Dublin and DC Electric Group Exhibit A – Page 2 of 15 • Video system installation and repair – CCTV & video detection • Emergency Vehicle Pre-emption
• Battery Back-up Systems (BBS)
• Audible Pedestrian Signals (APS)
• Loop Vehicle Detection Systems
• Associated or appurtenant concrete work for sidewalk and curb ramps that may need to be modified or adjusted based on traffic signal modifications • Underground utility installation & repair
• Live Electronic Records Management System
• After hours and emergency response, including PG&E Public Safety Power Shutoff (PSPS)Events, Flex Alerts, other planned power shutoff events

1.2 D
etector Loops
On the
City’s request, the Contractor shall test detector loops, detection cameras and detector lead-in-cables for Meg Ohms reading, continuity, frequency, and inductance. At the request of City staff, the Contractor shall provide qualified staff to repair the detector loops per State and City standards.

1.3 V
ideo Detection
On the
City’s request, the Contractor shall provide qualified personnel to install, test and adjust the video detection systems. Otherwise, the Contractor will be responsible to hire qualified personnel from the video detection manufacturer to program the camera at their expense. The Contractor shall also be able to install, operate and program a pan– tilt–zoom camera (PTZ camera) as needed.

1.4 S
treetlights
On the
City’s request, the Contractor shall provide temporary or permanent repairs to streetlight equipment and appurtenances (LED fixtures, photocell) which the Contractor may be called upon from time to time by the City to repair, replace, or refurbish when streetlight or streetlight pole has been damaged by such things as, but not limited to, vehicle accidents or natural causes. The contractor shall ensure that in the event of a knockdown, that the affected area is secure and that no exposed wires are present. At the request of City staff, the Contractor shall repair or replace streetlight wire and conduits in the event of an outage or wire theft. Unless specified, the City will furnish the appropriate LED fixtures to the contractor.

1.5 N
ew Traffic Signal Turn-on Support
On the
request of City staff, the Contractor shall provide the following services to facilitate the installation of a new traffic signal or pedestrian hybrid beacon:

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2. The Contractor shall test related timing plans in the controller for new traffic signals before they are installed.

4. The Contractor shall be present at signal turn-ons even if the traffic signal is being constructed by a different contractor.

1.6 T
raining
Cit
y staff may request training in the use of certain equipment. This training will be provided on a time-and-material basis, as required. Tasks may include programming a controller, video detection system and any assistance to City staff.

1.7 T
raffic Control
The Contr
actor shall conduct operations to cause the least possible obstruction and inconvenience to public traffic. All traffic shall be permitted to pass through the work area. Contractor shall furnish, erect, and maintain sufficient warning and directional signs, barricades, and lights and shall furnish sufficient flagmen to give adequate warning to the public, at all times, that the road or street is under construction and of any dangerous conditions that may be encountered as a result thereof, in accordance with the CA MUTCD.

Whenever
it is necessary to block any traffic lanes in order to complete any portion of the work, the Contractor shall notify the Dublin Police Department and the Dublin Fire Department, as well as City staff. Lane closure and times scheduled for closure shall be subject to approval of City staff. At least one (1) lane of traffic shall be kept open in each direction, at all times. On major arterials, no lane closures shall take place before 9:00 a.m. or after 3:00 p.m., without prior approval from City staff.

Failur
e on the part of the Contractor to provide adequate signing and barricading will give authority to City staff to provide such protection, as is necessary by City forces or an independent contractor. All costs of protection shall be charged to the Contractor.

Repetitive failure shall be sufficient cause to terminate the contract.

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City of Dublin and DC Electric Group Exhibit A – Page 4 of 15 will provide spare controllers and cabinets on an as needed basis. The Contractor shall be responsible for maintaining adequate storage facilities to store City supplied materials.

The contr
actor shall provide equipment and apply installation procedures which are acceptable to City staff and per City standards.

1.9 P
arts, Material Quality, and Workmanship
Unles
s otherwise provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this agreement shall be of the best quality of their respective kind and for their purpose. Wherever replacement of material or equipment, in accordance with the Standard Plans and Specifications may cause an obvious difference in either appearance or operation of the system or would be in any way incompatible with other existing equipment, the Contractor shall so inform City staff. All phases of the work are subject to inspection and approval of City staff.

The Contr
actor shall be responsible for furnishing all spare parts necessary to maintain the continued safe and efficient operation of the signals whenever the original unit is withdrawn for maintenance, repair, or modification. All component parts of each system shall be maintained at all times to perform the functions for which they were designed, unless authorized otherwise by City staff.

1.10 M
aintenance Records
The foll
owing records shall be maintained by the Contractor covering signal maintenance activities:

Signa
l-timing charts will be kept in the controller cabinet. The Contractor shall record all signal-timing changes on these charts, and identify the personnel implementing the change and dates of changes. Only City staff shall authorize timing changes. The Contractor may make changes required on a temporary basis due to maintenance operations, such as detector failures, but must inform City staff immediately of each change.

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City of Dublin and DC Electric Group Exhibit A – Page 5 of 15 A duplicate record of all service calls, repairs, and relevant data pertaining to each individual request is to be kept on file in the Contractor’s office and available to the City upon request.

A database
shall be maintained indicating previous and scheduled work orders.

1.11 Maint
enance Report
The Contract
or shall provide reports when on-call to City staff. The submitted report shall contain, as a minimum, the following information on every work order:
• Date of
visit to the location
• Location/Intersection name and/or number
• Purpose of the visit (include the name of City staff who requested the service) • Work accomplished during the visit
The Contract
or shall submit to City staff reports of any breakdowns of individual pieces of equipment due to mechanical failure, and report of major repairs to any equipment, the reason for repairs and recommendation for any major repairs to equipment that the Contractor deems necessary for proper performance. Before any work is begun, the Contractor shall provide a quote to be approved by City staff.

1.12 Work For
ce

2. The team of qualified employees shall be sufficient to respond to emergency calls, which may be received at any time, and to promptly make temporary and permanent repairs.

3. The Contractor shall retain qualified engineering or technical personnel capable of working with the types of controllers in the City's system (example:

NAZTEC 980, 2070, Cubic Trafficware 980 ATC and Commander).

1.13 Response and S
ervice
The Contract
or shall provide response and service in the following manner:

1. The Contractor shall designate and inform City staff of a telephone number(s), where he/she can be reached concerning response or on-call maintenance. The Contractor shall be accessible at this telephone number(s) and available to perform traffic signal repair/response maintenance, twenty-four (24) hours a day, seven (7) days a week, including holidays. A fax number and an e- mail address for transmitting documents shall be owned and operated by the Contractor

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2. Other Work

2.1 Conduit Installation
The Contr
actor shall provide all necessary labor, equipment, and materials to install conduits for traffic signals, signal interconnects or any other work as required by City staff. The work shall be paid in accordance with the contract unit price on Schedule F and G.

2.2 R
eplace/Install Only
Cit
y staff may, from time to time, ask the Contractor to replace existing signal appurtenances with new or advanced ones. City staff will supply the materials and the Contractor’s responsibility shall be limited to the installation and replacement only.

Payment for such work shall be in accordance with the contract unit price on Schedule H.

2.3 S
pecific Material Installation Rates
The Contr
actor shall provide all necessary labor, equipment, and materials for responses and services to execute any work shown either on Schedule D or Schedule E. The cost of such repairs shall be billed in accordance with the contract unit price on Schedule D during regular work hours. Work executed during weekends and beyond regular work hours shall be paid in accordance with the unit contract price on Schedule E.

2.4 M
inor Repair
The payment
for minor repair work, such as fixing of turned signal heads, turned pedestrian signal heads, loose back plates, loose visors, loose internally illuminated

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City of Dublin and DC Electric Group Exhibit A – Page 7 of 15 street name signs (IISNS) or re-splicing of loops, shall be paid in accordance with the contract unit price on Schedule J, during regular work hours. Work executed during weekends and beyond regular work hours shall be paid in accordance with the contract unit price on Schedule I.

3. Lump Sum Work

3.1 Repair of Radar Signs and Flashing Beacons Damaged due to Accident/Vandalism/Acts of God
The Contr
actor shall provide all necessary labor, equipment, and material for responses and services to repair any existing Radar Sign or Flashing Beacon damaged as a result of accidents, vandalism (wire theft), and other acts beyond the control of the City or the Contractor or install at new locations. If applicable, all or part of such work shall be paid in accordance with any category under the appropriate unit price schedules. If not applicable, all or part of the work shall be paid in accordance with hourly labor rates and equipment rates (Schedules A and B) plus the marked-up invoice cost (less than or equal to 10%) of the materials. The Contractor shall be responsible for dividing the work under unit price work and lump sum work and submitting an invoice/quote to City staff for payment or approval for execution of the work.

3.2 S
ignal Modifications
Whenever
City staff deems it necessary to make modifications to an existing, aging traffic signal infrastructure, City staff shall authorize the Contractor to make the necessary modifications. The Contractor shall make such modifications only after receiving a plan and/or an authorization in writing from City staff. The Contractor shall provide all necessary labor, equipment, and materials to provide signal modification work as recommended and approved by City staff. If applicable, all or part of such work shall be paid in accordance with any category under the appropriate unit price schedules. If not applicable, all or part of the work shall be paid in accordance with hourly labor rates and equipment rates (Schedules A and B) plus the marked-up invoice cost (less than or equal to 10%) of the materials. The Contractor shall be responsible for dividing the work under unit price work and lump sum work and submitting a quote to City staff for approval. The City also reserves the right to advertise for competitive bids to effect repairs or modifications to any signal or signal system. Examples of such work include but are not limited to:

2. Replacing the aging vehicle detection system at four intersections along San Ramon Road.

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City of Dublin and DC Electric Group Exhibit A – Page 8 of 15

The Contractor shall also provide qualified staff to complete the following scope:
• ITS
expertise including networking design, implementation, and deployment as well as programming and activation of switches, hubs, & routers • Certified Fiber Installation, Splicing, Testing, Reporting, and Turn-On • Certified technicians to land and connect the fiber in traffic signal cabinet and the City’s traffic Operation Center.

3.4 O
verview of On-Call Projects Process
When reques
ting services for work under on-call contract, a City project manager will request services on a “Time and Material” basis. The selected firm’s services shall be provided based on the costs proposed in the below “Cost Proposal” for scope mentioned in Section 1 and 2. The services will be negotiated on a per project basis and have a budget and specific work scope, submitted on letterhead and signed by the designated project manager for Lump sum Work mentioned in Sections 3.

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City of Dublin and DC Electric Group Exhibit A – Page 9 of 15

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES

SCHEDULE A

LABOR SCHEDULE
# Description Hourly Rate
Straight Time Overtime
1 Operations Superintendent $ 165.00 $ 250.00 Reviews and Approves all work; provides input to Engineer 2 Engineering Technician
$ 165.00 $ 250.00 Acts as technical liaison; assists Engineer with operation of equipment
3 Lead Man $ 165.00 $ 250.00 Guides and assists field technicians and signalmen 4 Traffic Signal Technician – Field
$ 149.00 $ 235.00 Troubleshoots, maintains, repairs field equipment, and programming controller with signal timing plan.
5 Traffic Signal Technician – Lab
$ 149.00 $ 244.00 Troubleshoots, maintains, repairs equipment in lab, and programming controller with signal timing plan.
6 Traffic Signal Person $ 149.00 $ 244.00 Under direction of lead man, assists field 7 Traffic Signal Person – Apprentice In-training; assists traffic signalman $ 98.00 $ 149.00
8 Traffic Signal Laborer $ 98.00 $ 149.00 Assists signalman in field

SCHEDULE B

EQUIPMENT SCHEDULE
# Description Cost per Response Call/Per
Hour
1 Personnel Vehicle (Per
Response) $ 49.00
2 Pickup Truck (Per
Response) $ 49.00
3 Service Truck (Per
Response) $ 49.00
4 Boom Truck (Per Hour) $ 144.00
5 Paint Rig Truck (Per
Response) $ 85.00
6 Bucket Truck (Hydraulic, Man-Lift) (Per Hour) $ 69.00 7 Air Compressor (Per
Response) $ 481.00
8 Water Truck (Per
Response) $ 125.00
9 Concrete Saw (Per
Response) $ 125.00

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City of Dublin and DC Electric Group Exhibit A – Page 10 of 15

SCHEDULE C

EQUIPMENT TESTING SCHEDULE
# Description Unit Costs
1 New Controller Cabinet (TS – 2 Type 1 “P”) Each $ 1,300.00 2 New Signal Controller Each $ 650.00

MODIFIED SCHEDULE D

SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (STRAIGHT TIME) # Description Unit Cost
1 1 to 4 (6’x6’) Type E Loop Each $ 2,000.00
2 5 to 8 (6’X6’) Type E Loop Each $ 1,200.00
3 1 to 4(modified round Type D loops) Type E loops with a circular shape Each $ 2,000.00
4 5 to 8 (modified round Type D loops) Type E loops with a circular shape Each $ 1,200.00
5 Furnish and install Audible PPB (Polara) Polara 2 Wire iNS25AN0-G PPB. Include furnish and installation of CCU. Each $ 5,000.00 6 Furnish and replace Audible PPB (Polara) Polara 2 Wire iNS25AN0-G PPB Each $ 750.00
7 Furnish and install ADA compliant PPB post (no foundation replacement) Each $ 950.00
8 Furnish and install ADA compliant PPB post (with
foundation replacement) Each $ 2,300.00
9 Furnish and Install Caltrans Standard Type 15 pole with new 8’ luminaire mast arm (no foundation replacement) Each $ 6,000.00 10 Furnish and Install Caltrans Standard Type 15 pole with new 8’ luminaire mast arm (with foundation replacement) Each $ 11,000.00 11 Furnish and Install 12’ Decorative pedestrian light pole (no foundation replacement) – Philips LUMEC Pole: SM6N-

18.5-IP-PW-BKTX-LMS46497K
Each $ 6,000.00
12 Furnish and Install 12’ Decorative pedestrian light pole (with foundation replacement) – Philips LUMEC Pole: SM6N-

18.5-IP-PW-BKTX-LMS46497K
Each $ 10,200.00
13 Deleted $ -
14 Deleted $ -
15 Caltrans Standard Type 1-A – 10’ (no foundation
replacement) Each $ 2,700.00
16 Caltrans Standard Type 1-A - 10’ (with foundation
replacement) Each $ 7,700.00
17 Caltrans Standard Type 1-B – 10’ (no foundation
replacement) Each $ 2,200.00
18 Caltrans Standard Type 1-B - 10’ (with foundation
replacement) Each $ 7,000.00
19 Caltrans Standard Type 1-D – 10’ (no foundation
replacement) Each $ 2,700.00
20 Caltrans Standard Type 1-D -10’ (with foundation
replacement) Each $ 7,700.00
21 Furnish and Install Caltrans Standard Type 18-4-100 with foundation with 30’ mast arm Each $ 32,000.00
22 Furnish and Install Caltrans Standard Type 19-4-100 with foundation with 30’ mast arm Each $ 35,500.00

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City of Dublin and DC Electric Group Exhibit A – Page 11 of 15 23 Furnish and Install Caltrans Standard Type 17-3-100 with foundation with 30’ mast arm Each $ 35,000.00
24 Install City-furnished Video Detection Camera (new) along with cable run Per Camera $ 3,700.00
25 Replace existing camera with city-furnished Video
Detection Camera Per Camera $ 1,300.00
26 Install Caltrans Standard Type 15 pole with new 8’luminaire mast arm with LED light and Install Foundation, Luminaire:

Leotek Green Cobra Streetlights, include photocell, GCJ1- 30J-MV-30K-2R-GY-035-PCR7-CR-WL-RWG
Each $ 11,400.00
27 Install Caltrans Standard Type 15 pole with new 8’luminaire mast arm with LED light, Luminaire: Leotek Green Cobra
Streetlights, include photocell, GCJ1-30J-MV-30K-2R-GY- 035-PCR7-CR-WL-RWG
Each $ 6,400.00
28 Remove existing type 15 Pole Each $ 1,700.00
29 Pull box # 3.5 install in sidewalk area, include sidewalk restoration cost Each $ 780.00
30 Pull box # 5 install in sidewalk area, include sidewalk restoration cost Each $ 810.00
31 Pull box # 6 install in sidewalk area, include sidewalk restoration cost Each $ 840.00
32 Pull box #6E install in sidewalk area, include sidewalk restoration cost $ 840. 00
33 Pull box #N48 install in sidewalk area, include sidewalk restoration cost $ 1, 300.00
34 Pull box lid for # 3.5, concrete lid only allowed Each $ 150.00 35 Pull box lid for #5, concrete lid only allowed Each $ 190.00 36 Pull box lid for #6, concrete lid only allowed Each $ 220.00 37 Pull box lid for #6E, concrete lid only allowed $ 220.00 38 Pull box lid for #N 48, concrete lid only allowed $ 1,000.00 39 12” LED signal (Green – Ball) Each $ 165.00
40 12” LED signal (Yellow – Ball) Each $ 165.00
41 12” LED signal (Red – Ball) Each $ 165.00
42 12” LED signal (Green – Arrow) Each $ 165.00
43 12” LED signal (Yellow – Arrow) Each $ 165.00
44 12” LED signal (Red – Arrow) Each $ 165.00
45 Install LED countdown pedestrian signal Each $ 275.00 46 Type “C” pedestrian signal housing Each $ 420.00
47 12” full circle visor Each $ 150.00
48 3 section 12” back plate (Louvered) Each $ 350.00
49 3 section signal head complete assembly installation, Complete assembly includes signal head, framework, LED
modules, backplate and visor
Each $ 900.00
50 4 section signal head complete assembly installation Each $ 1,100.00 51 5 section signal head complete assembly installation Each $ 1,300.00 52 Sidewalk Replacement (5’ X 5’ X 4’) Per Flag $ 2,900.00 53 Furnish and Install GPS based Optical Detector on mast arm, Include cable installation Each $ 2,500.00

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City of Dublin and DC Electric Group Exhibit A – Page 12 of 15 54 Furnish and Install GPS based Discriminator Card – 2 Channel, Opticom 762 Phase Selector Each $ 4,300.00
55 Furnish and Install CCTV/PTZ camera system with switch, CODEC, and cabling AXIS P5655–E PTZ Network Camera Each $ 9,400.00 56 Furnish and Install LED illuminated street name sign (6 feet) Temple Edge-Lit LED RAZOR SNS or approved
equal. Do not include conductor and cable installation.

Each $ 4,850.00
57 Furnish and Install LED illuminated street name sign (8 feet) Temple Edge-Lit LED RAZOR SNS or approved
equal. Do not include conductor and cable installation.

Each $ 5,100.00
58 Locate and mark existing traffic signal loop Per Loop $ 60.00 59 Bore and install 3” conduit with 12 SM Fiber Optics line to replace an existing damaged conduit. Include traffic control, potholing and restoration
LF $ 315.00
60 Bore and install 3” conduit with 140 SM Fiber Optics line to replace an existing damaged conduit. Include traffic control, potholing and restoration.

LF $ 320.00
61 Test the fiber optic line, end to end, both direction (OTDR) LS $ 1,350.00 62 Trouble shoot fiber optics break Hour $ 200.00

SCHEDULE E

SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (OVER TIME) # Description Unit Cost
1 1 to 4 (6’x6’) inductive loops (Type A or D) Each $ 2,200.00 2 1 to 4 Type E Loop Each $ 2,200.00
3 5 to 8 Type E Loop Each $ 1,400.00
4 5 to 8 (6’x6’) inductive loops (Type A or D) Each $ 1,400.00 5 9 or more (6’x6’) inductive loops (Type A or D) Each $ 900.00 6 PPB post (no foundation replacement) Each $ 1,200.00 7 PPB post (with foundation replacement) Each $ 3,200.00 8 Type 1-A – 10’ (no foundation replacement) Each $ 3,400.00 9 Type 1-A – 10’ (with foundation replacement) Each $ 10,400.00 10 Type 1-B – 10’ (no foundation replacement) Each $ 2,900.00 11 Type 1-B – 10’ (with foundation replacement) Each $ 9,600.00 12 Type 1-D – 10’ (no foundation replacement) Each $ 3,400.00 13 Type 1-D – 10’ (with foundation replacement) Each $ 10,400.00 14 Pull box # 3.5 Each $ 1,140.00
15 Pull box # 5 Each $ 1,160.00
16 Pull box # 6 Each $ 1,525.00
17 Pull box lid for # 3.5 Each $ 210.00
18 Pull box lid for # 5 Each $ 250.00
19 Pull box lid for # 6 Each $ 280.00
20 12” LED signal (Green – Ball) Each $ 220.00
21 12” LED signal (Yellow – Ball) Each $ 220.00
22 12” LED signal (Red – Ball) Each $ 220.00

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City of Dublin and DC Electric Group Exhibit A – Page 13 of 15 23 12” LED signal (Green – Arrow) Each $ 220.00
24 12” LED signal (Yellow – Arrow) Each $ 220.00
25 12” LED signal (Red – Arrow) Each $ 220.00
26 8” LED signal (Green – Ball) Each $ 220.00
27 8” LED signal (Yellow – Ball) Each $ 220.00
28 8” LED signal (Red – Ball) Each $ 220.00
29 8” LED signal (Green – Arrow) Each $ -
30 8” LED signal (Yellow – Arrow) Each $ -
31 8” LED signal (Red – Arrow) Each $ -
32 LED pedestrian signal Each $ 335.00
33 LED countdown pedestrian signal Each $ 335.00
34 Audible signal Each $ 615.00
35 Type “C” pedestrian signal housing Each $ 540.00
36 12” full circle visor Each $ 215.00
37 8” full circle visor Each $ 215.00
38 3 section 8” back plate (Louvered) Each $ 440.00
39 3 section 12” back plate (Louvered) Each $ 440.00
40 3 section signal head complete assembly installation Each $ 1,000.00 41 4 section signal head complete assembly installation Each $ 1,200.00 42 5 section signal head complete assembly installation Each $ 1,400.00 43 Remove and secure a knockdown streetlight Each $ 750.00

SCHEDULE F

CONDUIT SUPPLY AND INSTALL SCHEDULE
# Description Unit Cost
RIGID PVC CONDUIT (SCHEDULE 40)
1 Trench 1.5” conduit LF $ 125.00
2 Trench 2.0” conduit LF $ 125.00
3 Trench 2.5” conduit LF $ 125.00
4 Trench 3” conduit LF $ 125.00
5 Bore 1.5” conduit LF $ 175.00
6 Bore 2.0” conduit LF $ 175.00
7 Bore 2.5” conduit LF $ 175.00
8 Bore 3” conduit LF $ 175.00
RIGID PVC CONDUIT (SCHEDULE 80)
1 Trench 1.5” conduit LF $ 135.00
2 Trench 2.0” conduit LF $ 135.00
3 Trench 2.5” conduit LF $ 135.00
4 Trench 3” conduit LF $ 135.00
5 Bore 1.5” conduit LF $ 185.00
6 Bore 2.0” conduit LF $ 185.00

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City of Dublin and DC Electric Group Exhibit A – Page 14 of 15 7 Bore 2.5” conduit LF $ 185.00
8 Bore 3” conduit LF $ 185.00

SCHEDULE G

CONDUIT SUPPLY AND INSTALL SCHEDULE
# Description Unit Cost

RIGID STEEL CONDUIT
1 Trench 1.5” conduit LF $215.00
2 Trench 2.0” conduit LF $215.00
3 Trench 2.5” conduit LF $215.00
4 Trench 3” conduit LF $215.00
5 Bore 1.5” conduit LF $255.00
6 Bore 2.0” conduit LF $255.00
7 Bore 2.5” conduit LF $255.00
8 Bore 3” conduit LF $255.00

SCHEDULE H

REPLACE/INSTALL SCHEDULE (MATERIALS WILL BE SUPPLIED BY THE CITY WHERE

SPECIFIED)
# Description Unit Cost
1 City furnished Battery Backup system in an existing “P” cabinet Each $ 950.00
2 City furnished Battery Backup system in a stand-alone cabinet Each $ 1,800.00
3 City furnished Battery Backup system and foundation Each $ 5,000.00 4 City furnished LED signal (vehicle indication only) Each $ 110.00 5 City furnished LED signal (Pedestrian indication only) Each $ 110.00 6 Installation of Timing Plan in controller Each $ 235.00 7 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on existing foundation Each $ 4,400.00
8 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on new foundation. Furnish and install new foundation Each $ 8,800.00 9 City furnished Pedestrian signal housing replacement (Type C) Each $ 235.00
10 Attach City furnished solar-powered radar sign to existing pole Each $ 1,450.00
11 Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in sidewalk Each $ 9,500.00 12 Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in dirt Each $ 7,750.00 13 Install City furnished RRFB. Furnish and install foundation with pole in dirt (complete system may be 2 or 3 RRFB) LS $ 15,000.00 14 Install City furnished RRFB. Furnish and install foundation with pole in sidewalk (complete system may be 2 or 3
RRFB)
LS $ 16,500.00
15 Install City furnished GPS Opticom with receiver Each $ 2,000.00

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City of Dublin and DC Electric Group Exhibit A – Page 15 of 15

SCHEDULE I

MINOR REPAIR SCHEDULE (STRAIGHT TIME)
# Description Unit Cost
1 Turned signal head Each $ 105.00
2 Turned pedestrian signal head Each $ 105.00
3 Loose back plate Each $ 105.00
4 Loose or missing visor Each $ 105.00
5 Re-splice loop Each $ 220.00
6 Reseal Loop Each $ 475.00
7 Loose IISNS Each $ 235.00
8 Installation of traffic sign on mast arm Each $ 235.00 9 Signal on Flash and Reset the MMU Each $ 235.00
10 Clean PTZ and Video detection lens Each $ 120.00

SCHEDULE J

MINOR REPAIR SCHEDULE (OVERTIME)
# Description Unit Cost
1 Turned signal head Each $ 160.00
2 Turned pedestrian signal head Each $ 160.00
3 Loose back plate Each $ 150.00
4 Signal on Flash and Reset the MMU Each $ 340.00
5 Loose visor Each $ 160.00
6 Re-splice loop Each $ 340.00
7 Signal on Flash and Reset the MMU Each $ 340.00
8 Reseal Loop Each $ 700.00
9 Loose IISNS Each $ 360.00
Pleas
e note all reimbursable costs are included in rates above.

All
CPI increases shall be calculated by Contractor and requested for adjustment each May, effective each July 1st. 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 Public Works Management Analyst, or their designee, for approval prior to taking effect. Remit invoices to: [email protected]

152

REQUEST FOR QUALIFICATIONS
On-Call Electrical, Traffic Signal, Traffic Signal Communication , Streetlight Support and Emergency Repair Services
City of Dublin
Statement of Qualifications must be received by: Friday August 9, 2024 at 4:00 PM Sai Midididdi, Associate Civil (Traffic) Engineer
100 Civic Plaza
City of Dublin, CA 94568
Statement of Qualifications will be evaluated on the following: a) responsiveness to the Request for Qualification questions, b) experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of previous clients.

Attachment 3
153
Request for Qualifications
For
On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair Services
Overview
When requesting services for work under on-call contract, a City project manager will request services on a “Time and Material” basis. The selected firm’s services will be negotiated on a per project basis and have a budget and specific work scope, submitted on letterhead, and signed by the designated project manager.

Project Description:

The City of Dublin (City) hereby invites Statement of Qualifications with a description of qualifications and rates from qualified electrical Contractors to perform on-call maintenance and emergency repair services for traffic signals and streetlights. The contract will be for a period of 3 years effective when the agreement is fully executed by the bidder and the City of Dublin and shall remain effective through June 30, 2027, with the option to renew the contract for two additional years in one-year increments.

The City owns and operates 96 signalized intersections, 8,000 plus streetlights and additional devices including, radar speed feedback signs, rectangular rapid flashing beacon signs and electrical systems/services for City owned buildings, parking lots, parks etc. The City contracts with Alameda County for primarily performing the routine maintenance and repair services for the City’s traffic signals and streetlights. The selected Contractor would provide minor traffic signal and electronic device installation, on-call support services, emergency repair work, and assist City Staff as detailed in the Scope of Work.

Public Projects:

Consultants are advised that some projects serviced under an agreement may be considered a “public work” for purposes of the California Labor Code, which requires payment of no less than prevailing wages.

This requirement pertains solely to that portion of the scope of services related to the inspection of public projects. The Consultant with whom an Agreement is entered must pay the prevailing rates, provide copies of certified payrolls upon request, and otherwise comply with the applicable provisions of S tate law. The Consultant is subject to prevailing wage rate compliance monitoring and enforcement by the 154

California Department of Industrial Relations. The City has obtained from the Director of Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work. These rates will be on file at the Owner’s office at 100 Civic Plaza, Dublin, CA 94568 or online at http://www.dir.ca.gov/OPRL/PWD/index.htm and they will be made available to any interested party upon request.

The Consultant shall be qualified to submit a response to this RFQ, 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 this chapter, unless currently registere d and qualified to perform public work pursuant to Section 1725.5.

Public Contract Code:

In accordance with Public Contract Code Section 10162, the Proposer shall complete a Public Contract Code Statement and Questionnaire and include this in RFQ submittal. See Attachment D (Public Contract Code).

Under the California Labor Code, inspection of a “public work” will require payment of no less than prevailing wages for this classification and in addition, require firm(s) be registered with the Department of Industrial Relations.

SERVICE CATEGORIES:

Traffic Signal and Electrical Services
Hydrogen Refueling Services

This Project requires a valid California contractor’s license for the following classification(s): Class A or C-

10. Process and General Conditions

1. Proposers shall submit one electronic copy via e-mail ONLY to:

Sai Midididdi
Associate Civil (Traffic) Engineer
100 Civic Plaza
Dublin, CA 94568
[email protected]

Electronic copies shall be submitted, via email as PDF, with a maximum file size of fifty megabytes (50 MB).

2. Deadline for submitting the Statement of Qualification is Friday, August 9, 2024, at 4:00 p.m. 155

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 Proposer. Each SOQ shall be limited to a maximum of 15 pages, single-sided, using minimum 12-point font size. Page limit excludes a table of contents, tabbed dividers, and resumes for Consultant’s team.

Schedule for RFQ Process
Tuesday, July 16 Request for Qualifications mailed to consultants.

Friday, July 26 Deadline to submit questions to City of Dublin Wednesday, July 31 Addendum posted, if required
Friday, August 9 Statement of Qualifications are due no later than 4:00 PM on August 7 via e-mail ONLY. Late submittals will not be accepted.

Friday, August 16 Interview firms (optional)
Tuesday, October 1 Consulting Services Agreement scheduled for approval by the Dublin City Council.
(Tentative dates, subject to change)
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 separated section at the back of your Statement of Qualification s. Please note however that the RFQ submittal is limited to 15 pages maximum single sided (excluding resumes), and should be submitted on 8 ½ x 11 paper, in 12-point font.

Page limit excludes a table of contents, tabbed dividers, and resumes for Consultant’s team.

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 On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair Services . The interested firm should list the relevant experience including information and experience/certifications of the personnel assigned for the services. 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 156
(previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed.

4. List key staff members, technicians including identification of the Project Manager/primary point-of-contact. Include a plan describing how the firm would handle the on-demand support services. Include the availability of certified technicians, and the ability of being able to complete the project on time and budget.

5. Provide an approach to respond and complete the on-demand support services to demonstrate the clear understanding of the requested work.

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

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

Please provide copies of your Statement of Qualification to City offices no later than Friday, August 9 by 4:00 p.m. The entire SOQ (excluding resumes) should be a maximum of 15 pages. Submittals should be addressed as follows:

City of Dublin, Public Works Department
Attention: Sai Midididdi
City of Dublin
100 Civic Plaza
Dublin, California 94568
Any Statement of Qualifications submitted after the stated deadline will not be accepted for consideration.

Standard Contractor Services 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 October 2, 2024.

A sample of the City’s Standard Contractor 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 qualifica tion. Exceptions will be taken into consideration in evaluating SOQs. Otherwise, the interested firm is to state in the SOQ that the Agreement and insurance requirements are acceptable.

Consideration for exceptions will not be considered if not included in the submitted SOQ. 157

Conflict of Interest

Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafte r, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.

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

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

Equal Employment Opportunity

Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer non-compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.

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

Governing Law

This 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
158
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements:

General Liability Insurance $2,000,000
Automobile Liability Insurance $2,000,000
Professional Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000
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 SOQs 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 submi tted a Statement of Qualification.

Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services.

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

Selection of Contractor
Submitted Statement of Qualifications will be evaluated and scored using the following criteria:
• Qualifications and specific experience of key project team members. • Quality and completeness of the SOQ.
• Experience with engagement of similar scope and complexity. • Satisfaction of previous clients.
• Cost of providing the contractor services for this project. 159
Scope of Services
On-Call Electrical, Traffic Signal, Traffic Signal Communication, and Streetlight Support and Emergency Repair Services
The City’s traffic signal and streetlight preventive maintenance services are contracted to Alameda County Traffic Signal Maintenance staff. The Contractor(s) selected through this RFQ shall provide On- Call Support and Emergency Repair Services for the City’s traffic signals, streetlight and other electrical infrastructure. The Contractor will primarily provide support to City staff or Alameda County Traffic Signal Maintenance staff as needed on a workorder basis. On-call and during emergency situations, the Contractor shall furnish and supply all labor, equipment, and materials and perform all work, as needed, to maintain and repair all traffic signal equipment, fiberoptic cable, safety lights, and streetlights.

Various classifications of On-Call repair work include the following services listed below. No payment will be made for services not expressly authorized by the City staff.

1.1 Traffic Signal Modification
This work consists of modifying any existing signal features or components and/or correcting signal malfunctions of any kind, including those that are the result of accidental damage (knockdown), vandalism, pavement failure, or obsolescence. Signal modifications and repair includes improvements necessary to correct equipment deterioration, malfunction, or other equipment failure. The traffic signal modifications and repair scope include but not limited to:
• Traffic signal poles and mast arms
• Safety lighting poles
• Video system installation and repair – CCTV & video detection • Emergency Vehicle Pre-emption
• Battery Back-up Systems (BBS)
• Audible Pedestrian Signals (APS)
• Loop Vehicle Detection Systems
• Associated or appurtenant concrete work for sidewalk and curb ramps that may need to be modified or adjusted based on traffic signal modifications 160
• Underground utility installation & repair
• Live Electronic Records Management System
• After hours and emergency response, including PG&E Public Safety Power Shutoff (PSPS)Events, Flex Alerts, other planned power shutoff events

1.2 Detector Loops
On the City’s request, the Contractor shall test detector loops, detection cameras and detector lead-in- cables for Meg Ohms reading, continuity, frequency, and inductance. At the request of City staff, the Contractor shall provide qualified staff to repair the detector loops per State and City standards.

1.5 New Traffic Signal Turn-on Support
On the request of City staff, the Contractor shall provide the following services to facilitate the installation of a new traffic signal or pedestrian hybrid beacon:

2. The Contractor shall test related timing plans in the controller for new traffic signals before they are installed.

4. The Contractor shall be present at signal turn-ons even if the traffic signal is being constructed by a different contractor.
161

1.6 Training
City staff may request training in the use of certain equipment. This training will be provided on a time- and-material basis, as required. Tasks may include programming a controller, video detection system and any assistance to City staff.

1.8 Spare Materials and Equipment Availability
The Contractor shall maintain adequate storage and shop repair facilities to perform all work including a sufficient stock of common spare parts and signal equipment to effect permanent repairs to the system with the exception of controllers and cabinets. The City will provide spare controllers and cabinets on an as needed basis. The Contractor shall be responsible for maintaining adequate storage facilities to store City supplied materials.

The contractor shall provide equipment and apply installation procedures which are acceptable to City staff and per City standards.

1.10 Maintenance Records
The following records shall be maintained by the Contractor covering signal maintenance activities:

Only City staff shall authorize timing changes. The Contractor may make changes required on a temporary basis due to maintenance operations, such as detector failures, but must inform City staff immediately of each change.

A duplicate record of all service calls, repairs, and relevant data pertaining to each individual request is to be kept on file in the Contractor’s office and available to the City upon request.

A database shall be maintained indicating previous and scheduled work orders.

1.12 Work Force

2. The team of qualified employees shall be sufficient to respond to emergency calls, which may be received at any time, and to promptly make temporary and permanent repairs.

3. The Contractor shall retain qualified engineering or technical personnel capable of working with the types of controllers in the City's system (example: NAZTEC 980, 2070, Cubic Trafficware 980 ATC and Commander).

1.13 Response and Service
The Contractor shall provide response and service in the following manner:

3. When the notification is sent by City staff to the Contractor regarding an on-call work:
a. If the Contractor receives the call between 8:00 a.m. and 5:00 p.m., the response time shall not exceed two (2) hours, Monday through Friday.
b. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours.
c. When a situation exists that City staff deems dangerous or an emergency and so advises the Contractor, the Contractor shall dispatch qualified personnel and appropriate equipment and material to correct the situation, as soon as possible, but in no case later than indicated above.
d. Contractor’s response to emergency repair should be coordinated with City staff.

2. Other Work

2.2 Replace/Install Only
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City staff may, from time to time, ask the Contractor to replace existing signal appurtenances with new or advanced ones. City staff will supply the materials and the Contractor’s responsibility shall be limited to the installation and replacement only. Payment for such work shall be in accordance with the contract unit price on Schedule H.

Work executed during weekends and beyond regular work hours shall be paid in accordance with the unit contract price on Schedule E.

2.4 Minor Repair
The payment for minor repair work, such as fixing of turned signal heads, turned pedestrian signal heads, loose back plates, loose visors, loose internally illuminated street name signs (IISNS) or re- splicing of loops, shall be paid in accordance with the contract unit price on Schedule J, during regular work hours. Work executed during weekends and beyond regular work hours shall be paid in accordance with the contract unit price on Schedule I.

3. Lump Sum Work

3.2 Signal Modifications
Whenever City staff deems it necessary to make modifications to an existing, aging traffic signal infrastructure, City staff shall authorize the Contractor to make the necessary modifications. The Contractor shall make such modifications only after receiving a plan and/or an authorization in writing from City staff. The Contractor shall provide all necessary labor, equipment, and materials to provide signal modification work as recommended and approved by City staff. If applicable, all or 165
part of such work shall be paid in accordance with any category under the appropriate unit price schedules. If not applicable, all or part of the work shall be paid in accordance with hourly labor rates and equipment rates (Schedules A and B) plus the marked-up invoice cost (less than or equal to 10%) of the materials. The Contractor shall be responsible for dividing the work under unit price work and lump sum work and submitting a quote to City staff for approval. The City also reserves the right to advertise for competitive bids to effect repairs or modifications to any signal or signal system. Examples of such work include but are not limited to:

2. Replacing the aging vehicle detection system at four intersections along San Ramon Road.

3.3 Fiber Optics
On the City’s request, the Contractor shall designate one person who has knowledge and appropriate licenses to install, troubleshoot, test (OTDR) and make recommendations for the City’s fiber optics system. The Contractor may also subcontract fiber optics work to an outside company at its own expense to troubleshoot the City’s fiber optics network. Upon completion of any fiber optic work, the contractor shall provide the City with a drawing or mark-up indicating the new fiber connections. The Contractor shall also provide qualified staff to complete the following scope:
• ITS expertise including networking design, implementation, and deployment as well as programming and activation of switches, hubs, & routers • Certified Fiber Installation, Splicing, Testing, Reporting, and Turn-On • Certified technicians to land and connect the fiber in traffic signal cabinet and the City’s traffic Operation Center.

SCHEDULE A

LABOR SCHEDULE
# Description Hourly Rate
Straight Time Overtime
1 Operations Superintendent
Reviews and Approves all work; provides input to Engineer 2 Engineering Technician
Acts as technical liaison; assists Engineer with operation of equipment 3 Lead Man
Guides and assists field technicians and signalmen
4 Traffic Signal Technician – Field
Troubleshoots, maintains, repairs field equipment, and programming controller with signal timing plan.
5 Traffic Signal Technician – Lab
Troubleshoots, maintains, repairs equipment in lab, and programming controller with signal timing plan.
6 Traffic Signal Person
Under direction of lead man, assists field
7 Traffic Signal Person –
Apprentice In-training; assists
traffic signalman
8 Traffic Signal Laborer
Assists signalman in field

SCHEDULE B

EQUIPMENT SCHEDULE
# Description Cost per
Response Call/Per Hour
1 Personnel Vehicle (Per Response)
2 Pickup Truck (Per Response)
3 Service Truck (Per Response)
4 Boom Truck (Per Hour)
5 Paint Rig Truck (Per Response)
6 Bucket Truck (Hydraulic, Man-Lift) (Per Hour)
7 Air Compressor (Per Response)
8 Water Truck (Per Response)
9 Concrete Saw (Per Response)

SCHEDULE C

EQUIPMENT TESTING SCHEDULE
# Description Unit Cost
1 New Controller Cabinet (TS – 2 Type 1 “P”) Each
2 New Signal Controller Each
167

SCHEDULE D

SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (STRAIGHT TIME) # Description Unit Cost
1 1 to 4 (6’x6’) Type E Loop Each
2 5 to 8 (6’X6’) Type E Loop Each
3 1 to 4(modified round Type D loops) Type E loops with a circular shape Each 4 5 to 8 (modified round Type D loops) Type E loops with a circular shape 5 Furnish and install Audible PPB (Polara) Each
6 Furnish and replace Audible PPB (Polara) Each
7 Furnish and install ADA compliant PPB post (no foundation replacement) Each 8 Furnish and install ADA compliant PPB post (with foundation replacement) Each 9 Furnish and Install 28’ to 30’ Streetlight pole (no foundation replacement) Each 10 Furnish and Install 28’ to 30’ Streetlight pole (with foundation replacement) Each 11 Furnish and Install 12’ Decorative pedestrian light pole (no foundation replacement)
Each
12 Furnish and Install 12’ Decorative pedestrian light pole (with foundation replacement)
Each
13 Furnish and Install 30’ Green pedestrian light pole (no foundation replacement) Each 14 Furnish and Install 30’ Green pedestrian light pole (with foundation replacement) Each 15 Type 1-A – 10’ (no foundation replacement) Each
16 Type 1-A - 10’ (with foundation replacement) Each
17 Type 1-B – 10’ (no foundation replacement) Each
18 Type 1-B - 10’ (with foundation replacement) Each
19 Type 1-D – 10’ (no foundation replacement) Each
20 Type 1-D -10’ (with foundation replacement) Each
21 Furnish and Install Type 18-4-100 with foundation Each 22 Furnish and Install Type 19-4-100 with foundation Each 23 Furnish and Install Type 17-3-100 with foundation Each 24 Install City-furnished Video Detection Camera (new) along with cable run Per Camera
25 Replace existing camera with city-furnished Video Detection Camera Per Camera
26 Install Type 15 pole with new 8’luminaire mast arm with LED light and Install Foundation
Each
27 Install Type 15 pole with new 8’luminaire mast arm with LED light Each 28 Remove existing type 15 Pole Each
29 Pull box # 3.5 Each
30 Pull box # 5 Each
31 Pull box # 6 Each
32 Pull box #6E
33 Pull box #N48
34 Pull box lid for # 3.5 Each
35 Pull box lid for #5 Each
36 Pull box lid for #6 Each
37 Pull box lid for #6E
38 Pull box lid for #N 48
39 12” LED signal (Green – Ball) Each
40 12” LED signal (Yellow – Ball) Each
168

SCHEDULE D

SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (STRAIGHT TIME) # Description Unit Cost
41 12” LED signal (Red – Ball) Each
42 12” LED signal (Green – Arrow) Each
43 12” LED signal (Yellow – Arrow) Each
44 12” LED signal (Red – Arrow) Each
45 Install LED countdown pedestrian signal Each
46 Type “C” pedestrian signal housing Each
47 12” full circle visor Each
48 3 section 12” back plate (Louvered) Each
49 3 section signal head complete assembly installation Each 50 4 section signal head complete assembly installation Each 51 5 section signal head complete assembly installation Each 52 Sidewalk Replacement (5’ X 5’ X 4’) Per Flag
53 Furnish and Install GPS based Optical Detector on mast arm Each 54 Furnish and Install GPS based Discriminator Card – 2 Channel Each 55 Furnish and Install CCTV/PTZ camera system with switch, CODEC, and cabling Each 56 Furnish and Install LED illuminated street name sign (6 feet) Each 57 Furnish and Install LED illuminated street name sign (8 feet) Each 58 Locate and mark existing traffic signal loop Per Loop 59 Trench and install 3” conduit with 12 SM Fiber Optics line LF 60 Trench and install 3” conduit with 140 SM Fiber Optics line LF 61 Test the fiber optic line, end to end, both direction (OTDR) LS 62 Trouble shoot fiber optics break Hour

SCHEDULE E

SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (OVER TIME) # Description Unit Cost
1 1 to 4 (6’x6’) inductive loops (Type A or D) Each
2 1 to 4 Type E Loop Each
3 5 to 8 Type E Loop Each
4 5 to 8 (6’x6’) inductive loops (Type A or D) Each
5 9 or more (6’x6’) inductive loops (Type A or D) Each
6 PPB post (no foundation replacement) Each
7 PPB post (with foundation replacement) Each
8 Type 1-A – 10’ (no foundation replacement) Each
9 Type 1-A – 10’ (with foundation replacement) Each
10 Type 1-B – 10’ (no foundation replacement) Each
11 Type 1-B – 10’ (with foundation replacement) Each
12 Type 1-D – 10’ (no foundation replacement) Each
13 Type 1-D – 10’ (with foundation replacement) Each
14 Pull box # 3.5 Each
15 Pull box # 5 Each
16 Pull box # 6 Each
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SCHEDUL E

SPECIFIC MATERIAL SUPPLY AND INSTALL SCHEDULE (OVER TIME) # Description Unit Cost
17 Pull box lid for # 3.5 Each
18 Pull box lid for # 5 Each
19 Pull box lid for # 6 Each
20 12” LED signal (Green – Ball) Each
21 12” LED signal (Yellow – Ball) Each
22 12” LED signal (Red – Ball) Each
23 12” LED signal (Green – Arrow) Each
24 12” LED signal (Yellow – Arrow) Each
25 12” LED signal (Red – Arrow) Each
26 8” LED signal (Green – Ball) Each
27 8” LED signal (Yellow – Ball) Each
28 8” LED signal (Red – Ball) Each
29 8” LED signal (Green – Arrow) Each
30 8” LED signal (Yellow – Arrow) Each
31 8” LED signal (Red – Arrow) Each
32 LED pedestrian signal Each
33 LED countdown pedestrian signal Each
34 Audible signal Each
35 Type “C” pedestrian signal housing Each
36 12” full circle visor Each
37 8” full circle visor Each
38 3 section 8” back plate (Louvered) Each
39 3 section 12” back plate (Louvered) Each
40 3 section signal head complete assembly installation Each 41 4 section signal head complete assembly installation Each 42 5 section signal head complete assembly installation Each 43 Remove and secure a knockdown streetlight Each

SCHEDULE F

CONDUIT SUPPLY AND INSTALL SCHEDULE
# Description Unit Cost
RIGID PVC CONDUIT (SCHEDULE 40)
1 Trench 1.5” conduit LF
2 Trench 2.0” conduit LF
3 Trench 2.5” conduit LF
4 Trench 3” conduit LF
5 Bore 1.5” conduit LF
6 Bore 2.0” conduit LF
7 Bore 2.5” conduit LF
8 Bore 3” conduit LF
RIGID PVC CONDUIT (SCHEDULE 80)
1 Trench 1.5” conduit LF
2 Trench 2.0” conduit LF
3 Trench 2.5” conduit LF
4 Trench 3” conduit LF
5 Bore 1.5” conduit LF
6 Bore 2.0” conduit LF
7 Bore 2.5” conduit LF
8 Bore 3” conduit LF
170

SCHEDULE G

CONDUIT SUPPLY AND INSTALL SCHEDULE
# Description Unit Cost

RIGID STEEL CONDUIT
1 Trench 1.5” conduit LF
2 Trench 2.0” conduit LF
3 Trench 2.5” conduit LF
4 Trench 3” conduit LF
5 Bore 1.5” conduit LF
6 Bore 2.0” conduit LF
7 Bore 2.5” conduit LF
8 Bore 3” conduit LF

SCHEDULE H

REPLACE/INSTALL SCHEDULE (MATERIALS WILL BE SUPPLIED BY THE CITY WHERE

SPECIFIED)
# Description Unit Cost
1 City furnished Battery Backup system in an existing “P” cabinet Each 2 City furnished Battery Backup system in a stand-alone cabinet Each 3 City furnished Battery Backup system and foundation Each 4 City furnished LED signal (vehicle indication only) Each 5 City furnished LED signal (Pedestrian indication only) Each 6 Installation of Timing Plan in controller Each
7 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on existing foundation
Each
8 City furnished New Controller Cabinet (TS-2 Type 1 or Type 2) on new foundation. Furnish and install new foundation
Each
9 City furnished Pedestrian signal housing replacement (Type C) Each 10 Attach City furnished solar-powered radar sign to existing pole Each 11 Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in sidewalk
Each
12 Install City furnished radar feedback sign or flashing beacon – Furnish and install foundation and pole in dirt
Each
13 Install City furnished RRFB. Furnish and install foundation with pole in dirt (complete system may be 2 or 3 RRFB)
LS
14 Install City furnished RRFB. Furnish and install foundation with pole in sidewalk (complete system may be 2 or 3 RRFB)
LS
15 Install City furnished GPS Opticom with receiver Each

SCHEDULE I

MINOR REPAIR SCHEDULE (STRAIGHT TIME)
# Description Unit Cost
1 Turned signal head Each
2 Turned pedestrian signal head Each
3 Loose back plate Each
4 Loose or missing visor Each
5 Re-splice loop Each
6 Reseal Loop Each
7 Loose IISNS Each
171

SCHEDULE I

MINOR REPAIR SCHEDULE (STRAIGHT TIME)
# Description Unit Cost
8 Installation of traffic sign on mast arm Each
9 Signal on Flash and Reset the MMU Each
10 Clean PTZ and Video detection lens Each

SCHEDULE J

MINOR REPAIR SCHEDULE (OVERTIME)
# Description Unit Cost
1 Turned signal head Each
2 Turned pedestrian signal head Each
3 Loose back plate Each
4 Signal on Flash and Reset the MMU Each
5 Loose visor Each
6 Re-splice loop Each
7 Signal on Flash and Reset the MMU Each
8 Reseal Loop Each
9 Loose IISNS Each
172
Attachment A
Standard Contractor Services Agreement
Attachment to RFP Removed for October 1, 2024 Council Meeting 173
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: ______________________________________________ 174
Attachment C
Conflict of Interest
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 Consultant’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.

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

Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.
175
Attachment D
Public Contract Code
***PRIME PROPOSER AND SUBCONSULTANTS MUST SUBMIT A SIGNED PUBLIC CONTRACT CODE STATEMENT***
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the proposer hereby declares under penalty of perjury under the laws of the State of California that the proposer Has_____, has not _____(mark one)
been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "proposer" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The proposer must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In accordance with Public Contract Code Section 10162, the Proposer shall complete, under penalty of perjury, the following questionnaire:

Has the proposer, any officer of the proposer, or any employee of the proposer who has a proprietary interest in the proposer, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space. 176
Public Contract Code 10232 Statement
In accordance with Public Contract Code Section 10232, the PROPOSER, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the PROPOSER within the immediately preceding two-year period because of the PROPOSER's failure to comply with an order of a federal court which orders the PROPOSER to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of the Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the proposer has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code.) By my signature on this proposal, I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Non-collusion Affidavit required under Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

Date (authorized signature)
(name and title)
(company name)
(company address)
177
Driving a Higher
Standard
Bear Electrical Solutions Inc.

City of Dublin – On-Call Electrical,
Traffic Signal, Traffic Signal
Communication, Streetlight Support and
Emergency Repair Services
August 9th , 2024
Attachment 4
178
2024 Bear Electrical Solutions, Inc2

1.Cover Letter32.Qualifications43.References64.Key Staff & Resumes75.Our Approach126.Proposed Budget167.Confirmations188.Addendum Acknowledgement18Appendix

TABLE OF CONTENTS
PageSection
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2024 Bear Electrical Solutions, Inc3
August 9th ,2024City of DublinSai Midididdi, Associate Civil (Traffic) Engineer100 Civic PlazaCity of Dublin, CA 94568 Dear Sai,Bear Electrical Solutions (Bear) is interested in and committed to providing On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair Services to the City of Dublin. Bear is a full-service electrical contractor specializing in traffic signal maintenance and emergency on-call services. Established in 2013, Bear has a proven customer base providing similar services to this RFQ with over 100 public municipalities throughout California. This proposal response culminates our understanding of the RFQ (issued on July 16, 2024) and Addendum 1 (issued on July 31, 2024), and it summarizes our company capabilities, resources, and working knowledge of systems employed by the City of Dublin. This proposal also highlights the following key advantages of having Bear as the City’s maintenance provider:•Bear currently has multiple employees living in proximity to the City of Dublin to service the City within its contractual required response times. •Bear’s executive, project, and field management staff have decades of experience in traffic signal operations, maintenance and public sector. Bear is always looking to help our customers by provide guidance, best practice recommendations, and general support as ‘an extension of City staff’.•Bear has in-house laboratory staff that can provide cabinet and controller certifications, independent and non-affiliated with any controller manufacturer; also, Bear can provide the City with training and educational sessions at this off-site laboratory.•Bear can provide all electrical services in-house from loop installation, fiber optic testing and repair, potholing and restoration, minor/major electrical construction and ad-hoc electrical.•Bear is the largest streetlight maintenance and video detection installer by volume – maintaining over 100,000 streetlights and deploying thousands of video detections systems.•Bear has one of the best safety records in the industry, with no OSHA violations and a sub-0.65 EMR.•Bear is a PG&E-approved Gold Shovel contractor capable of providing and coordinating any ancillary services relating to electrical and transit systems. Please feel free to contact me should you have any questions. I am one of the Company officers authorized to negotiate a contract with the City.

RE: RFQ On-Call Electrical, Traffic Signal, Traffic Signal Communication, Streetlight Support and Emergency Repair Services Company HQ: 1252 State Street, PO Box 924, Alviso, CA 95002 P (408) 449-5178. F (408)-449-5147Offices: Sacramento, CA & Anaheim, CA Robert Asuncion, TE Vice President [email protected] Regards,Bear Electrical Solutions, Inc.
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2024 Bear Electrical Solutions, Inc4

2. QUALIFICATIONS
Bear Electrical Solutions, Inc. (Bear) is a privately-held California corporation established in January 2013 and founded to specifically lead the traffic signal maintenance industry by ”Driving a Higher Standard.” The company founders comprise a licensed traffic engineer and business & finance experts focused on providing the right combination of excellent customer service and technical expertise. expertise.

Our Mission: We founded Bear because we believe that nobody in our industry was delivering to a high enough standard. We sought to change that with a company guided by five (5) powerful core values that each drive our culture, work ethic, strategy, and expectations:

Continuous Improvement:We strive to make one-degree daily shifts to constantly improve our customer experience. 1Lead with Facts, Not Assumptions: As a service-based business, we are trained to listen to “all sides of the story” whether it is our customers, third-party officials, or the public. 2 Build Lasting Relationships: We act with respect and professionalism. We place focus on trust and credibility over selfishness. Our relationships are based on putting people first. 3 Communicate Effectively, Clearly: Building emotional intelligence is critical in a service business such as ours where our scope of work is communicating valuable information to others. 4 Be Impeccable with Your Words: We act with integrity in our everyday actions. Be accountable and follow through. Offer encouragement and empowerment to all we work with daily. 5 About Bear
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2024 Bear Electrical Solutions, Inc5
Industry QualificationsBear Electrical is qualified to meet and exceed the requirements outlined by the City.

Class A – General Engineering A
Class C-10 – Electrical C-10
Class C-31 – Work Zone Traffic Control C-31
Class D-31 – Pole Installation and MaintenanceD-31
Certifications and affiliationsSignatory to the International Brotherhood of Electrical Workers (IBEW), Laborers, Low Voltage, and Operators Union(s)Department of Industrial Relations (DIR) Certified & Registered (#1000002158) United Contractors Association Member (UCON) Maintenance Superintendant Association (MSA) SponsorNational Association of Women in Construction (NAWIC) Member / SponsorInstitute of Traffic Engineer (ITE) Member / Sponsor International Municipal Signal Association – various certifications (employee certifications) Pacific Gas & Electric approved electrical contractor
About Bear (cont.)

2. QUALIFICATIONS
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2024 Bear Electrical Solutions, Inc6

3. REFERENCES
The City of FremontBear Electrical has been providing traffic signal and lighting maintenance under an all-inclusive contract to the City of Fremont for the past 11 years. As a progressive city, Fremont is continually working to implement new technologies that ease traffic and congestion, while increasing safety. With 173 traffic signals and 20,000 streetlights, Bear provides all-inclusive services for traffic signal and streetlight maintenance, parks, and sports lighting facilities. Also included is 24/7/365 emergency response, preventative maintenance, & ad hoc electrical improvements.

The City of San JoseThe City of San Jose ranks 12th largest in the Country with a population of close to a million. The City has over 920 traffic signals and 62,000 streetlights. Bear currently provides 24/7/365 on-call traffic signal maintenance services. These services include knockdown response, repair, and ad-hoc electrical. Additional contract work involves on-call fiber communication maintenance.

Bear electrical has been providing traffic signal maintenance under an all-inclusive contract to the City of Santa Clara for the past 4 years. Bear currently maintains 98 traffic signals with routine maintenance as well as 24/7/365 emergency response The City of Santa Clara
Reference Contact: Randy Griffith, Electrical Supervisor, (408) 794-1972 Reference Contact: Joel Roque, Associate Engineer, (408) 615-3029 Reference Contact: Daniel Miller, Associate Engineer, (510) 494-4789 183
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4. KEY STAFF & RESUMES
Bear will assign a team of seasoned staff members to service the City of Dublin. They are all long-tenured employees working for Bear and very familiar with all the requirements of the RFQ. The engagement team will have the support of additional labor and management resources whenever tasks are provided, and deadlines need to be met. .

Project ManagerEduardo Araujo
(45) Field Electricians (4) Low Voltage / Fiber Technician(12) Laborers(4) Material Warehouse Staff VP of OperationsBrent Paulson, PMPVP of Sales / Traffic EngineerRobert Asuncion, TE Primary Electrician ForemanMarcus Mougeot
Team & Experience
City of DublinExecutive Team Support
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Shop and Procurement ManagerBear Electrical Solutions, Inc. | 2016-2020 | Alviso, CA•Responsible for job and stock material ordering and logistics.•Provided submittals / re-submittals to project managers for construction projects.

Eduardo is a project manager who began his career outside the field. Initially serving as Bear’s procurement manager, he handled material acquisition, logistics, and job staging. Motivated by his desire to expand his role in projects and his service-oriented nature, Eduardo took on the role of project manager for the company’s traffic signal maintenance and streetlight maintenance business. Eduardo project manages several agency maintenance accounts in the area.

Eduardo AraujoProject Manager
Experience
Permit Work and Permit CoordinationComputer – Email, MS OfficePurchasing, Tracking, Vendor Relations Project Engineer/ManagerBear Electrical Solutions, Inc. | 2020-present | Alviso, CA•Forward-facing maintenance account representative for various public agency clients. Very client relationship focused. •Responsible for project communications, material procurement, estimating and proposal development•Procurement specialist with multiple vendor relationships in the traffic signal, ITS, and streetlighting business•City/County permitting•Responsible for construction/maintenance projects ranging from $500- $1M.

Additional Skills

4. KEY STAFF & RESUMES
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As field foreman, Marcus manages and assigns project resources to meet customer expectations and contract deliverables. With over 14 years of electrical maintenance and construction experience, Marcus has accomplished many projects for Bear clients throughout the Bay Area. Marcus self-performs work as well as provides mentorship and training to new field team members.Marcus is one of our foreman that has led small to large traffic signal maintenance projects including ITS and SMART City applications.

Marcus MougeotField Electrician Foreman
Experience
IMSA - Work Zone SafetyIMSA - Traffic Signals Field Electrician I/II/IIIOSHA Training & Heavy Equipment Operator ElectricianBear Electrical Solutions, Inc. | 2013 | Alviso, CAMarcus is responsible for leading and self-performing traffic signal and streetlight maintenance tasks for various accounts throughout the SF Bay Area region.

Certifications
ElectricianPacific Data & Electric | 2012-2013 | San Leandro, CACommercial Electrical WorkFiber and Network CommunicationTraffic Signal Construction LicensesState of California General Electrician #E159970-GIBEW Union Member

4. KEY STAFF & RESUMES
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4. KEY STAFF & RESUMES
As the Vice President of Operations for Bear Electrical Brent ensures all project resources – personnel, material, and equipment – are in place and operating as desired from a Company and customer perspective. As a previous electrician and project manager, Brent Paulson provides high-level oversight to our company’s operations team, ensuring that internal and external customer expectations are met. Under Brent’s leadership, the company has continued to grow and expand, delivering on Bear’s promises and values to its clients.

Brent PaulsonVice President of Operations
ElectricianSiemens/ Republic ITS | 2007-2013 | Fremont, CA•Traffic Signal Maintenance•Streetlight Maintenance•Fiber Optic / Copper / Wireless Communication•ITS Deployment•Traffic Signal Upgrades/ Modifications IMSA - Work Zone SafetyIMSA - Traffic Signals Field Electrician I/II/IIIIMSA – Traffic Signals Bench I/IIOSHA 30 CertifiedIBEW Apprenticeship GraduateNECA Accredited and Certified PMProject Management Professional (PMP) State of California General Electrician#E-155344-GProject Management Professional (PMP) Project ManagerBear Electrical Solutions, Inc. | 2013-present | Alviso, CAAs a project manager for Bear Electrical, Brent leads a project management team that is responsible for the maintenance and service of approximately 2,000 signals and 120,000 streetlights for various agencies in the San Francisco Bay Area. His team also specializes in ITS deployment and SMART City projects.Experience CertificationsLicenses
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For the City, Robert can provide on-call traffic engineering support should the City require ad-hoc consulting. Starting his career in the public sector and later forming a business focused on meeting the needs of cities, Robert provides expertise and insights on best maintenance practices while ensuring technical compliance.

Robert AsuncionCompany Principal / Traffic Engineer
Regional ManagerSiemens/ Republic ITS | 2004-2012 | Fremont, CA•Responsible for P&L activities for the SF Bay Area regional office with annual revenues of over $40M per year;•Cost estimating;•Provided on-call traffic engineering consultation for various public agency clients.

IMSA - Work Zone SafetyIMSA - Traffic Signals Field Electrician I/II/IIIIMSA – Traffic Signals Bench I/IIBachelors in Civil Engineering Co-Founder and Vice-PresidentBear Electrical Solutions, Inc. | 2013-present | Alviso, CA•Co-founded business from scratch and grew operations from 2 employees to over 145 employees statewide.•Provides traffic signal maintenance expertise;•Business development.

Experience
CertificationsLicenses
Associate Transportation EngineerCity of Fremont | 1999-2004 | Fremont, CA•Citizen respondent to all traffic engineering-related inquiries;•Responsible for traffic signal operations & red light-camera program for a City with over 200k population.

State of California Professional Engineer in TrafficEngineering (No. TR 2156)State of California Contractor License - Class A General Engineering (No. 982079)State of Nevada Contractor License – Class A General Engineering (No. 0090133)

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The Perfect Balance: Bear offers a blend of large-scale capabilities with small-scale service. Operationally between a major corporation and a small ‘Mom & Pop’-sized operation, we offer the advantages of both: substantial resources, personnel and expertise, with flexible, customizable, scalable service. Bear is built to be able to solve any problem while being able to shift strategy at a moment’s notice – all without the bloat, bureaucracy, or inflated prices of a massive corporation.

Implementation PlanThrough our experience servicing agencies throughout California, we understand that an RFQ cannot capture all the literal details and intricacies of a traffic signal and streetlight maintenance program. Because of this, we understand that a successful electrical maintenance contractor needs to be flexible and adaptable to complete necessary tasks promptly. We accomplish this in three (3) ways.

We understand that a maintenance business is a business built on trust and relationships. To build and maintain trust, continuous communication is paramount. This starts with assigning single points of contact in a qualified foreman electrician and project manager. Through these direct channels of communication, its our standard practice to consistently communicate with each other in a collaborative manner. This allows for us to adapt our work schedule, backlog, and manpower allocation to the specific needs of the City. To assist with communication and transparency, we have developed an in-house web-based Maintenance Management System built on the salesforce platform. This, along with a well implemented communication and reporting plan allows us to provide real time updates on assigned tasks to our clients as well as meaningful reports.

Through our combined experience and statewide presence, we know what it takes to properly staff and manage a traffic signal maintenance contract. We also understand that our assigned workload may not always be linear due to the responsive nature of such contracts. With that in mind, we assembled a field team of 100 electricians, fiber optic and low voltage technicians, operators, and laborers available to assist under the direct supervision of our foreman electrician. This allows for us to not only exceed response time expectations on a day-to-day basis, but also complete larger scopes and tasks in a timely manner as they may arise.

Through our experience servicing similarly positioned agencies, we understand that a maintenance program may evolve or expand at times to include signal upgrades, modifications, and installations. Over time, we have expanded our services to include the following to further support the needs of our existing maintenance clients. Over time, we have grown our maintenance business to capture the below mentioned scopes in-house. By performing these scopes of work in-house rather than subcontracting, it allows for us to have control of our schedule and meet the needs and expectations of our clients in a timely manner.

1. Communication

3. Additional In-House Services

2. Allocation of Resources

5. OUR APPROACH
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We plan to utilize our Maintenance Management System (MMS) built in-house on the Salesforce platform to manage and organize incoming work orders for various requests. We utilize our MMS to manage work from inception at the time of dispatch to month-end billing and reporting. We have existing custom fields built into our current environment that allow for a simple reconciliation between Bear and the City of Dublin. Additionally, our field staff is equipped with devices capable of pushing updates.

5. OUR APPROACH
Work order organization and intersystem coordinationBased upon our review of the RFQ, we have a good understanding of how the work may be dispatched to Bear.

As a maintenance company already servicing surrounding agencies, our team has established contacts, business permits, and routine procedures at the varied municipalities, communities, and significant unincorporated rural areas necessary to complete the scope of work for this project. Our team has all the institutional knowledge and has completed all the research required to fully understand the unique nuances at each of the signalized locations for the City – this includes understanding the traffic control needs, traffic flow, locations of field elements (i.e., pull boxes, service points, etc.) and general locale background information.

Knowledge of Local Conditions and Concerns
BEAR intends to self-perform all the work associated with this contract. From traffic control, concrete work, fiber optic / low-voltage communication, directional boring, and potholing to crane work, BEAR has the necessary licenses, personnel, equipment, and resources to self-perform all aspects of the maintenance and construction work.

Subcontractor Work
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At Bear, we recognize the critical importance of timely response in traffic signal and streetlight maintenance services. We understand that even the slightest disruption to signal functionality can have significant ramifications, leading to traffic congestion, safety hazards, and economic impacts. To achieve this, we have deployed the following approach in the greater Tri Valley area:Recruit and Retain Top Talent in the Local AreaBear currently employs 24 electricians who live within a (1) one-hour response to the City of Dublin.Local Warehouse SpaceBear currently operates local warehouse space in Martinez and Fremont along with our larger regional warehouse in San Jose. We can provide resources to the City of Dublin from the north or south given different circumstances such as time of day, traffic, and urgency of request. Additionally, operating three (3) major warehouses in the state of California (at our main regional centers – San Jose, Sacramento, and Anaheim) also affords Bear the ability to stock most parts and equipment that will be needed in any aspect of the City of Dublin's program. We are also able to leverage tremendous buying power from the scale of purchasing we conduct annually across our three (3) warehouses.Fleet ManagementWe stock our service trucks as mobile warehouses to improve efficiency and response time. It is standard practice in our business for each of our hydraulic bucket trucks to be always equipped with ample stock of equipment to respond and resolve most common emergency response items within the defined contractual response time and within one mobilization. Additionally, our electricians are assigned equipment to take home, allowing for direct dispatch of after-hours calls and eliminating unnecessary trips to one of our warehouse locations.

5. OUR APPROACH
Response Times
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5. OUR APPROACH
Not all projects fit into the typical process of design-bid-build. Some require outside-the-box thinking to tackle complex scopes on a limited budget and schedule. With our key management team consisting of an in-house traffic engineer, industry veterans, and a proven leader in the transportation maintenance sector, we have the capability to leverage resources statewide to help our clients accomplish unique and complex projects on-time and on-budget.

Extraordinary Work – Ad-Hoc Electrical Work
Our fully trained and experienced technicians provide a complete turnkey USA / DigAlert program. Work scope includes filtering all inbound tickets, coordinating with the requestees, and performing field-mark-outs.

Underground Service Alert (USA) / DigAlertThe future of traffic and port facility operations will always require faster and more reliable communication. To this end, we have expanded our low voltage capabilities.Our low voltage division allows us to complete both small and large-scope projects in-house, without the need for subcontractors.This division consists of fiber optic, sound and communication technicians, while also including CCT and CCNA network technicians. This empowers BEAR to quicky respond to time-sensitive issues, control our own schedule, meet project deadlines, and reduce cost to our clients.

Low Voltage Communications Infrastructure
We understand that as the IOT, vehicle connectivity, and vision zero initiatives grow, so does the desire for private companies to connect to pre-existing agency-owned infrastructure.

As we grew our core business of traffic signal and streetlight maintenance and response, a need for ad-hoc electrical construction services continually arose. To meet this need, we created a construction division in 2015. Since then, we have grown this division to annual revenue of $50M. From foundation replacements, loop installation, to complex electrical modifications, we provide in-house turnkey construction services that support our maintenance division, respond quickly to our clients’ issues and reduce their costs.

The electrical maintenance industry can be a complex niche market within the broader electrical industry. With our foundation in the electrical maintenance industry and our extension of City staff spirit, we share our knowledge and the lessons we’ve learned through experience. We provide training seminars, workshops and even participate in agency employee hiring process, to help drive a higher industry standard.

General Agency Support
Capabilities excceding basic maintenance servicesBear’s in-house service offerings provides a breadth and depth of knowledge, experience, and capabilities that exceeds basic maintenance services. As such Bear can deliver and respond to any on-demand support services the City may need throughout this project. Bear intends to self-perform all work mentioned here:
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6. PROPOSED BUDGET
Project BudgetWe understand the importance of delivering services not only on time but also on budget. We aim to work collaboratively with the City to use the funds available most efficiently. Given the nature of maintenance and response-type work, it is impossible to accurately predict all incurred costs (or forecast City-initiated task orders) since much work is dispatched due to vehicular accidents, weather damage, other unpredictable circumstances, or City-directives. This is why managing this type of project budget effectively is contingent on two (2) key project approach components: 1 . An Effective Communication Plan and 2. Timely Accounting Reports. Communication & Reporting PlanA communication and reporting plan ensures that all pertinent information is distributed to all project stakeholders. This allows us all to operate with the same set of facts to work collaboratively with the City to make decisions, manage budgets, and respond to requests. Our intention is to work collaboratively with the City to draft an effective communication plan. Below is a conceptual communication and reporting plan that we feel fits the needs of the City of Dublin:•Audience and ResponsibilitiesOur standard practice is conducting a project kick-off meeting after the contract is awarded. At this meeting, we can identify all key project stakeholders from the City. This enables Bear and the City to operate with the same facts. While we empower our project manager to manage communication with the City, we understand it is sometimes best to get information straight from the source in the field. We empower all employees to communicate and build relationships with our clients. Along with this, we also leverage technology to ensure we have clarity and alignment among all stakeholders. •Communication Channels and Reporting ContentOur goal is not to force clients to communicate with us in one specific way but to provide multiple means of communication to allow the City to share with us in a manner that works best for them. Through our review of the RFQ and our experience working with the City, we understand the City intends to leverage the use of their own work order management system while contractor invoicing and reporting is to be done through our own systems. In a spirit of collaboration, we can offer the expertise of our in-house Salesforce Solutions Architect to explore the possibility of creating an API integration between our systems. This joint effort will ensure a seamless transparency and enhance the efficiency of our operations. With these key points in mind, we are proposing the following reporting schedule:
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6. PROPOSED BUDGET
Communication and Reporting PlanTypeResponsibilityDescriptionAutomatic Email AlertsBear Salesforce CRM (to be provided at no additional cost)Upon commencement of work, automatic email alerts are configured so stakeholders can be notified of work as its completedEmergency Work requiring immediate attentionBear Technician/Project ManagerFor issues concerning public safety, we empower our technicians to communicate directly with our clients to resolve issues as quickly as possible. A brief follow-up with written communication on the subject matter will be communicated via email by the project manager Weekly Account UpdateBear Project ManagerAt the end of each week, the assigned project manager provides an update via email on completed work this week, proposed schedule for the following week, and status on all open work with action items for both Bear and the CityMonthly Maintenance MeetingsBear Project ManagerMeet in person or virtually once per month with all project stakeholders to discuss status of projectMonthly Accounting ReportsBear Accounting DepartmentOur accounting department sends monthly invoicing summarizing all work performed during the previous month with costs broken down per work order. Along with this report, our accounting department also captures year-to-date expenditures and available contract balances. This allows both the City and Bear to manage the rate of expenditures and make educated decisions on how to best use available funding. •Communication FeedbackOne of the core values we built our business on is the notion of continuous improvement. This can only happen with open and honest feedback. We encourage all stakeholders to provide feedback and suggest any improvements or changes meet the needs of the City.

SummaryBy maintaining a strong communication and reporting plan and working collaboratively with our customers, we have established a track record of successfully helping our customers keep within their budget. Moreover, the longer we work with our agency customer, not only do we understand the respective City’s maintenance history and trends, but we are also able assist the agency by providing confidence with our data and knowledge for establishing future budgets. The proposed rate schedule is submitted in the Appendix of this response. 194
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7. CONFIRMATIONS8. ADDENDUM ACKNOWLEDGEMENT
City’s Standard Contracting AgreementBear has reviewed the sample “Contractor Services Agreement Between The City of Dublin and the Contractor” and take no exceptions. We can meet and comply with the City’s terms, conditions, and insurance requirements as is.

Addendum 1 - AcknowledgementBear has reviewed Addendum 1 and has incorporated it into our RFQ response. 195
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APPENDIX
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Cost Proposal:

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Dublin City CouncilOctober 1, 2024

Dublin City Council
October 1, 2024