7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide 512
Consulting Services Agreement between City of Dublin and Gray-Bowen-Scott for Project Management Services
01/14/2025
Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and 513
Consulting Services Agreement between City of Dublin and Gray-Bowen-Scott for Project Management Services
01/14/2025
agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
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. 514
Consulting Services Agreement between City of Dublin and Gray-Bowen-Scott for Project Management Services
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10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Gray-Bowen-Scott
Attn: Matthew Todd, Principal Project Manager
1320 Mount Diablo Blvd., Suite 206
Walnut Creek, CA 94596
515
Consulting Services Agreement between City of Dublin and Gray-Bowen-Scott for Project Management Services
01/14/2025
Any written notice to City shall be sent to:
City of Dublin
Att: City Manager’s Office
100 Civic Plaza
Dublin, CA 94568
10.11 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 Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses
10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
516
Consulting Services Agreement between City of Dublin and 01/15/2025 Gray-Bowen-Scott for Project Management Services Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN GRAY-BOWEN-SCOTT
Colleen Tribby, City Manager Matthew Todd, Principal Project Manager Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
517
Scope of Work
The City of Dublin has requested professional project management services from Gray-Bowen-ScoƩ (GBS) for the Dublin Boulevard Extension Project (Project). GBS services are expected to be on a Ɵme and material basis for the below tasks with opƟonal tasks requested on an as-needed basis. The key personnel will be MaƩ Todd, Gary Huisingh, and Obaid Khan, but depending on the type of work requested, addiƟonal GBS staff resources may be added. The following provides the scope of services discussed at the December 9, 2024, meeƟng.
AddiƟonal project elements may be added if mutually agreed upon by both parƟes. The cost for these services shall not exceed $250,000.
Project Management/Developer & Staff CoordinaƟon
Task 1 – Project Management for the Dublin Blvd. Extension Project (Project) Assist the City in managing the Project, including but not limited to Project scope, cost, and schedule; engineering studies; project planning; coordinaƟng with agencies, developers/property owners, uƟliƟes, grantors, or other project stakeholders; and Project design work conducted by BKF and Alameda County TransportaƟon Commission to complete 95% and 100% levels, including cost esƟmates, as required by the City.
Coordinate with local jurisdicƟons (the City of Pleasanton, the City of Livermore, Alameda County, etc.) and partner agencies (LAVTA, Valley Link Rail, etc.) on the successful implementaƟon of planned improvements. Correspond directly with developers and their design teams. AƩend meeƟngs with applicants and Staff and conduct various other duƟes to coordinate Project reviews with City staff efficiently. Assist with ensuring Ɵmely processing and approval of Project permits from local and regional agencies.
Assist with coordinaƟng any review and approval process with outside agencies such as Dublin San Ramon Services District, Zone 7, the City of Livermore, and Alameda County. This work may also include serving as a reviewer for a wide variety of land development, subdivision, encroachment permits, resource agency permits and building permit applicaƟons relaƟve to the Project.
Task 2 – Environmental MiƟgaƟon CoordinaƟon for the Project Support the City in planning and implemenƟng environmental miƟgaƟon for the Project. This will include negoƟaƟons and coordinaƟon with property owners and future developers for land development along Dublin Boulevard.
Assist with the management of the environmental consultant and implement the environmental miƟgaƟon measures in the Project's design as required by regulatory agencies or miƟgaƟon bank requirements. Prepare applicaƟons for and assist the City in obtaining the necessary permits and approvals from appropriate resource agencies. Work effecƟvely through the City’s miƟgaƟon consultant RES Environmental OperaƟng Company, LLC (RES) and others.
Work with RES and others to implement a cost-effecƟve miƟgaƟon plan that fits within the requirements of the resource agencies.
Coordinate all possible joint miƟgaƟon resources with the Project and planned development while ensuring the protecƟon of City interests and benefits.
EXHIBIT A
SCOPE OF SERVICES
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
518
Assist with the management of RES and others for the Incidental Take Permit (ITP) if they manage SecƟon 401/404 Army Corps and SecƟon 1602 Fish & Game permits with the resource agencies.
ADDITIONAL TASKS AS NEEDED
AddiƟonal work may be required depending on the remaining steps of the project development/project approval process. GBS, when authorized by the City, shall perform addiƟonal tasks below as needed and are not specifically idenƟfied above. Examples could include, but are not limited to, transportaƟon planning/coordinaƟon, grant preparaƟon and development of a funding plan, assistance in property annexaƟon and LAFCO coordinaƟon.
AddiƟonal Task - TransportaƟon Planning/CoordinaƟon
Review and comment on traffic impact studies and condiƟons of approval of developers and coordinate with City traffic engineers as required.
Review traffic operaƟons analyses conducted in Synchro, SimTraffic, VISSIM, etc. soŌware. Review the Citywide Travel Demand Model for consistency with the General Plan land uses and street network and recommend updates as required.
Review the TransportaƟon secƟon of the EIR to verify the ability to phase or segment the Project. Provide bicycle and pedestrian planning/design assistance in coordinaƟon with bicycle and pedestrian advocates.
Coordinate with LAVTA for the Bus Rapid Transit (BRT) rerouƟng to Dublin Boulevard from I-580 between Fallon Road and Livermore.
AddiƟonal Task – Prepare Grant ApplicaƟon and Develop a Full Funding Plan Assist the City in idenƟfying appropriate grant funding resources and preparing and/or reviewing grant applicaƟons, as needed.
Work with funding agencies such as Alameda County TransportaƟon Commission or Metropolitan TransportaƟon Commission to seek funding and secure grant allocaƟon. Track Project funding, including grant funding. Prepare and manage Project funding obligaƟon and allocaƟon for local and federal funds.
Work in partnership with transportaƟon agencies (i.e., Caltrans, MTC, Alameda CTC) to meet the requirements for the obligaƟon of any local or federal funds programmed to the Project.
AddiƟonal Task – Assist the City in Crosby Property AnnexaƟon, LAFCO CoordinaƟon, and District FormaƟon
Assist the City in acquiring the necessary approvals from LAFCO to allow annexaƟon of the Crosby property into the City of Dublin.
Coordinate with the property owner(s) and consultants specific to annexaƟon to the city. Coordinate with agencies in processing and approvals of agreements and approvals of Project documents. Work with Public Works and the Planning Department for any necessary General Plan amendments and rezoning.
Coordinate with the City on possible district formaƟon for funding and maintenance of improvements, such as a Business Improvement District (BID) or Community Services District (CSD). 519
FEE SCHEDULE Effective January 1, 2025
Staff Billing Rate Billing Rate Range
Low High
Industry Advisor $425.00 $550.00
Gary Huisingh $425.00
Brad McCrae $455.00
Norma Ortega $483.00
Leo Scott $495.00
Principal Project/Program Manager $370.00 $500.00
Terry Bowen $473.00
Carl Haack $445.00
Matt Todd $410.00
Senior Project/Program Manager $280.00 $380.00
Roni Hattrup $340.00
Erin Heltne $300.00
Obaid Khan $367.00
Sheena Patel $340.00
Keith Robinson $367.00
Brian Stewart $360.00
Project/Program Manager $240.00 $310.00
Karen Boggs $227.00
Kevin Byrd $280.00
Chris Doerksen $280.00
Aron Zerezghi $280.00
Associate Project/Program Manager $175.00 $250.00
Grace Doi $200.00
Margaret Strubel $193.00
Project Specialist $230.00 $315.00
Project Analyst $140.00 $200.00
Debby Chernila $164.00
Tiffany Gephart $149.00
Debi Lawrence $164.00
Ericka Leiva $164.00
Janet McCue $149.00
Naomi Salvador $180.00
Anita Smith $180.00
Project Administrator $115.00 $160.00
Administrative Assistant $80.00 $135.00
Intern $55.00 $85.00
Rates are subject to an annual escalation rate of up to 3% every January 1. Expenses (mileage, parking, tolls, printing, travel, conference calls, postage, express mail, delivery, authorized entertainment, etc.) will be billed at cost. Mileage will be billed at the standard IRS rate. Gray·Bowen·Scott reserves the right, in its discretion, to sub-contract portions of its projects to other qualified professionals. All costs and fees for any sub-contracted services will be billed at cost plus 10%. 520 Budget Change Reference #:
From Un-Appropriated Reserves Budget Transfer Between Funds From Designated Reserves x Other
Account Amount Account Amount
ST0216.9200.9201 $250,000
ST0216.1101 $250,000
1/14/2025
Posted By: Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
The $250,000 in additional contract costs will require a budget change. The increase in costs will be funded by the General Fund Dublin Boulevard Extension Advance Reserve.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2024-25
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
Dublin Blvd Ext. Project. Contract Services.
Dublin Blvd Ext. Project . General Fund
City Council's Approval Required
Attachment 3
521
Update on the Dublin
Boulevard Extension Project
and Agreement with GrayBowen-Scott for Project
Management Services
January 14, 2025
522
Background
• Extends Dublin
Boulevard from
Dublin to Livermore
• Planned since 1984
• Project Partners
• May 2020
Cooperative
Agreement
523
Project Status & Schedule
Project Milestone/Phase Start Date Anticipated Completion 95% Design In-process Summer 2025
Final Design Summer 2025 Fall 2026
Environmental Mitigation (RES) In Process Summer 2026
Environmental Permitting Summer 2025 TBD
Right of Way Summer 2025 Spring 2027
Construction TBD—Funding Dependent TBD
524
Contract Amendment
• Spring 2023 BPAC Meeting
• Design revisions
– BPAC
– Latest Policies and Guidelines
–Access Points
• September 2024 Contract Amendment
525
Environmental Mitigation
• Environmental Permits
• February 2023- Agreement with RES
• Mitigation Package
–Work in progress
– Complete 95% plans
526
Project Costs
• Preliminary Engineering Estimate $153.6M
• Cost Sharing
– Dublin $126.1M
– Livermore $27.5M
• 95% Plans Cost Update
527
Project Funding
• City funds $76M
• EDTIF $63M
• TVTD Fee
• March 2023 City Council
• Advance EDTIF funds
• General Fund Reserve
– Cash Flow Advance to EDTIF
• Current Balance $59.5M
• Future Grants
528
Fallon East EDZ
529
Fallon East EDZ
• Quarterly Property Owner Meetings
– Five property owners
– Schedule, mitigation efforts, right-of-way,
development agreements
– Last meeting December 12, 2024
530
Ballot Measure II Update
• November 5, 2024 Ballot
• Approved by voters
• Certified by the Dublin City Council on December 17,
2024
• Measure amended the General Plan to allow
future approval by the City Council for limited
commercial development
531
Ballot Measure II Update, 2
• Future potential annexation requires City
Council direction and approval (not a part of
tonight’s action)
• Collaboration with City of Livermore
532
Project Management Services
• DBE is a highly complex infrastructure project
• Multiple jurisdictions, agencies, and funding
sources
• Project management services needed
• Agreement with Gray-Bowen-Scott
533
Project Management Services, 2
• More than 40 years in business
• Specializing in transportation projects and
working with regional agencies including
mitigation efforts
• Extensive experience collaborating with ACTC
534
Project Management Services, 3
• GBS References
– Union City Quarry Lakes Parkway project
– State Route 92 / Clawiter-Whitesell Street
Interchange project
– San Mateo 101 Express Lanes
– City of Hayward
535
Recommendation
• Receive the Report, adopt the Resolution
Approving an Agreement with Gray-BowenScott for Project Management Services, and approve the budget change
536
STAFF REPORT
CITY COUNCIL
Agenda Item 7.2
DATE: January 14, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: United States Army’s 250th Birthday Celebration at Don Biddle Community Park in Collaboration with Camp Parks
Prepared by: Lauren Marriott, Recreation Coordinator
EXECUTIVE SUMMARY:
The City Council will receive a report on an upcoming event at Don Biddle Community Park, planned in collaboration with Camp Parks, to celebrate the United States Army’s 250th Birthday.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
City costs are estimated at $50,000, which can be covered within the existing budget for Fiscal Year 2024-25.
DESCRIPTION:
The United States Army, one of America’s oldest institutions, will celebrate its 250th Birthday on June 14, 2025. Over the last month, Staff has been collaborating with Parks Reserve Forces Training Area (Camp Parks) on an event to commemorate this milestone and recognize the significant role that Camp Parks has played in Dublin's history, as well as its ongoing partnership with the City. The event will honor the service and sacrifice of those who have served in the Army, celebrate its rich history and traditions, foster a sense of community and camaraderie, and encourage public engagement.
The celebration will be held on Saturday, June 14 at Don Biddle Community Park from 10:00 a.m. to 3:00 p.m., and will be open and free to the public. The event will feature ceremonial and historical elements, including the presentation of colors, the cutting of cake, drill team exercises, displays of period-appropriate uniforms, and the presence of historical vehicles. The 191st Army Band will provide live entertainment throughout the day while fife and drum performers will 537
roam the park.
Camp Parks will provide family-friendly activities such as a rock wall, marching demonstrations, and static displays. Additionally, carnival games, face painting, and bounce houses will be offered to bring fun and educational experiences for attendees of all ages. Informational booths will also be available through partnerships between Camp Parks and the Veterans of Foreign Wars (VFW), United States Automobile Association (USAA), and local military-friendly businesses. Food and beverage vendors will also be on site.
The City will provide the event infrastructure, sound, advertising, and supplies, as summarized in the below table.
Estimated Event Costs
Object Description Amount
Contract Services Event sound crew, potential DJ services, security $7,700 Rentals and Leases Electrical rentals, tenting, staging, golf carts $26,250 Operating Supplies Operational supplies, permits $6,500 Advertising Print, social media ads $2,500
Printing and Binding Event signage $3,385
Staffing Set-up, day-of, and clean-up staffing $3,665
Total $50,000
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
538
Army 250th Anniversary
Celebration
City Council Meeting – Item 7.2
January 14, 2025
539
Event Overview
• Date: Saturday, June 14, 2025
• Time: 10:00 a.m. to 4:00 p.m.
• Location: Don Biddle Community Park
540
Ceremonial Elements
541
Historical Components
542
Family Friendly Activities
543
Live Entertainment
544
Collaborative Efforts
545
Questions?
546