Dublin City Council
May 6, 2025

May 06, 2025 Dublin City Council Regular Meeting Agenda 1

COUNCILMEMBERS Peter W. Snyder Council Chamber
Dr. Sherry Hu, Mayor Dublin Civic Center
Kashef Qaadri, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Michael McCorriston, Councilmember www.dublin.ca.gov
John Morada, Councilmember

Regular Meeting of the

DUBLIN CITY COUNCIL

Tuesday, May 6, 2025 Location: Peter W. Synder
Council Chamber
100 Civic Plaza
Dublin, CA 94568

REGULAR MEETING 7:00 PM

Additional Meeting Procedures

This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings

For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures:

- Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, May 6, 2025. Upon submission, you will receive Zoom link information from the City Clerk.

Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed.

- Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.

- When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.

- 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 May 06, 2025 Dublin City Council Regular Meeting Agenda 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS AND PROCLAMATIONS

3.1 Affordable Housing Month Proclamation
The City Council will present the Affordable Housing Month Proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

Staff Report
Attachment 1 - Affordable Housing Month Proclamation

3.2 Lupus Awareness Month Proclamation
The City Council will present the Lupus Awareness Month Proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

Staff Report
Attachment 1 - Lupus Awareness Month Proclamation

3.3 Job’s Daughters International Day Proclamation
The City Council will present the Job’s Daughters International Day Proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

Staff Report
Attachment 1 - Job's Daughters International Day Proclamation

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

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

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

5.1 Approval of April 15, 2025 Regular City Council Meeting Minutes The City Council will consider approving the minutes of the April 15, 2025 Regular City Council Meeting.
2 May 06, 2025 Dublin City Council Regular Meeting Agenda 3

STAFF RECOMMENDATION:

Approve the minutes of the April 15, 2025 Regular City Council Meeting.

Staff Report
Attachment 1 - April 15, 2025 Regular City Council Meeting Minutes

5.2 Affordable Housing and Sustainable Communities Program Application and Associated Agreement
The City Council will consider authorizing the submission of an Affordable Housing and Sustainable Communities (AHSC) Program grant application, jointly with The Related Companies of California, LLC, for the Amador Station affordable housing project. The City Council will also consider approving an agreement with The Related Companies for the implementation of the AHSC grant. If awarded, the grant will help fund the construction of the Amador Station affordable housing project, transportation-related improvements by the City, the developer, and Livermore Amador Valley Transit Authority (LAVTA), operating funds for LAVTA, and the purchase of three Bay Area Rapid Transit rail cars.

STAFF RECOMMENDATION:

Adopt the Resolution Authorizing Application for the Affordable Housing and Sustainable Communities Program and Approving the Affordable Housing and Sustainable Communities Co-Applicants’ Agreement.

Staff Report
Attachment 1 - Resolution Authorizing Application for the Affordable Housing and Sustainable Communities Program and Approving the Affordable Housing and Sustainable Communities Co-Applicants’ Agreement
Attachment 2 - Exhibit A to the Resolution - AHSC Co-Applicants’ Agreement

5.3 Mape Memorial Park Pathway Relocation Project, CIP No. GI0221 – Approval of Plans and Specifications and Award of Contract to CLS/Cervantes Landscape Services, Inc.

The City Council will consider approving the plans and specifications and awarding a construction contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project. The project will relocate a pathway, fencing, site furnishings, turf, and associated irrigation away from the creek bank that was damaged in the 2022-2023 storms.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221.

Staff Report
Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221
Attachment 2 - Exhibit A to Resolution - Agreement with CLS Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221 Attachment 3 - CIP No. GI0221
Attachment 4 - Mape Memorial Park Pathway Relocation Bid Results

5.4 Frontline Worker Appreciation Month Proclamation
The City Council will approve the Frontline Worker Appreciation Month Proclamation.

STAFF RECOMMENDATION:

Approve the proclamation.
3 May 06, 2025 Dublin City Council Regular Meeting Agenda 4

Staff Report
Attachment 1 - Frontline Worker Appreciation Month Proclamation

5.5 Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223 and GI0423 - Approval of an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services in a Progressive Design-Build Delivery Method
The City Council will consider approving an agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services in a Progressive Design-Build delivery method for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223 and GI0423.

The project includes the design phase of future improvements to and preventative maintenance of the exterior building envelopes of the following City of Dublin facilities: Civic Center, Library, Clock Tower, Kolb House Museum, Sunday School Barn, Murray Schoolhouse Museum, Old St. Raymond’s Church, Senior Center, The Wave, Fire Stations 16, 17, and 18.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services for the Exterior Improvements Project, CIP Nos.

GI0122, GI0125, GI0223, and GI0423.

Staff Report
Attachment 1 - Resolution Approving an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services for the Exterior Improvements Project Attachment 2 - Exhibit A to the Resolution - Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services
Attachment 3 - CIP Nos. GI0122, GI0125, GI0223, and GI0423 Attachment 4 - Request for Qualifications from Design-Build Entities

6. PUBLIC HEARING – None.

7. UNFINISHED BUSINESS – None.

8. NEW BUSINESS

8.1 City of Dublin Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27
The City Council will consider the funding recommendations for the Human Services Grant Program and approve funding allocations for Fiscal Years 2025-26 and 2026-27.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27.

Staff Report
Attachment 1 - Resolution Approving Human Services Grant Program Funding Recommendations for Fiscal Years 2025-26 and 2026-27
Attachment 2 - Exhibit A to the Resolution - Human Services Commission Funding Recommendations for Fiscal Years 2025-26 and 2026-27
Attachment 3 - City of Dublin Mission and Vision Statements Attachment 4 - 2024 Eastern Alameda County Human Services Needs Assessment Community-Level Challenges and Opportunity Areas
4 May 06, 2025 Dublin City Council Regular Meeting Agenda 5

Attachment 5 - Community Grant Program Guiding Principles and Rating Guide Attachment 6 - Fiscal Years 2025-26 and 2026-27 Human Services Grant Applications

8.1 - PowerPoint Presentation

8.2 Report on Electric Bicycle and Electric Scooter Education and Enforcement The City Council will receive a report on current laws and efforts by Dublin Police Services to conduct education and enforcement in the community related to the use of electric bicycles and electric scooters. The report includes recommended action items designed to enhance outreach and ensure compliance with applicable laws and regulations STAFF RECOMMENDATION:

Receive the report and provide direction on the creation of a bicycle ordinance and administrative citation program, and enhanced education and enforcement efforts.

Staff Report

8.2 - 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.

5 STAFF REPORT

CITY COUNCIL

Agenda Item 3.1
DATE: May 6, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Affordable Housing Month Proclamation
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

The City Council will present the Affordable Housing Month Proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

May is Affordable Housing Month, is an opportunity to raise awareness about the need for affordable housing and to educate the community on how affordable housing benefits us all.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Affordable Housing Month Proclamation
6 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Affordable Housing Month”
WHEREAS, quality affordable homes are vital to healthy, safe, and vibrant and diverse communities; and WHEREAS, stable affordable homes are part of the solution to homelessness, and support seniors, families, youth, veterans, people with disabilities or special needs, and our whole community; and
WHEREAS, the rising cost of housing threatens our regions’ diversity and economic prosperity; and WHEREAS, the role of local governments and non-profit organizations are critical in maintaining support for producing, preserving, and protecting affordable housing opportunities for low-income communities.

WHEREAS, after 41 years East Bay Housing Organizations continues to champion affordable housing in the East Bay and will feature events acknowledging the need for and benefits of affordable housing; and WHEREAS, local jurisdictions like the City of Dublin can play an important role by supporting investments in affordable housing; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May as Affordable Housing Month in the City of Dublin and works to support affordable and stable housing at the local, regional, state, and federal levels.

DATED: May 6, 2025

Mayor Sherry Hu Vice Mayor Kashef Qaadri
_______
Councilmember Jean Josey Councilmember Michael McCorriston Councilmember John Morada 7 STAFF REPORT

CITY COUNCIL

Agenda Item 3.2
DATE: May 6, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Lupus Awareness Month Proclamation
Prepared by: Marsha Moore, MMC, City Clerk

EXECUTIVE SUMMARY:

The City Council will present the Lupus Awareness Month Proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Lupus Awareness Month is recognized annually in May. Lupus is a chronic autoimmune disease that causes inflammation of various parts of the body particularly the skin, heart, joints, and kidneys. Lupus research shows that close to two million Americans have been diagnosed with lupus, which strikes women nine times more frequently than it does men. Early diagnosis and proper treatment are crucial to the quality of life and survival rate of lupus sufferers. Increased public awareness, education, and research are the key to winning the battle against the disease.

STRATEGIC PLAN INITIATIVE:

None.

8

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

1) Lupus Awareness Month Proclamation
9 A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Lupus Awareness Month”
WHEREAS, systemic lupus erythematosus (lupus) is a chronic autoimmune disease in which the immune system randomly attacks the body's own tissues and vital organs, including the kidneys, brain, heart, lungs, blood, skin, and joints. It is a leading cause of premature cardiovascular disease, kidney disease and stroke among young women; and
WHEREAS, lupus affects close to two million people in the United States, causing thousands of people (90% are young women, and disproportionately women of color) to be newly diagnosed with lupus annually; and WHEREAS, lupus is one of the most difficult diseases to diagnose because the symptoms come and go, mimic those of other diseases, and there is no single test that can definitively identify the illness. Early diagnosis and treatment usually lessen the progression and severity of the disease and are vital to preserving health and preventing further complications, organ damage, and death; and WHEREAS, lupus impacts more than just the life of the patient, it affects the patient’s family, friends, coworkers, employers, and community. Existing public information and programs about lupus remain inadequately disseminated and insufficient in addressing the needs of specific diverse populations and underserved groups; and
WHEREAS, the Lupus Foundation of Northern California, serving California from Santa Cruz to the Oregon border, was founded as a non-profit organization to alleviate suffering for lupus patients through patient and family services, achieve early detection of undiagnosed cases through awareness promotion, and champion lupus research with the goal of eradicating this disease.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May to be Lupus Awareness Month in the City of Dublin and encourages all residents to observe this month by educating themselves on the symptoms and impacts of lupus.

DATED: May 6, 2025

Mayor Sherry Hu Vice Mayor Kashef Qaadri
_______
Councilmember Jean Josey Councilmember Michael McCorriston Councilmember John Morada Attachment 1
10 STAFF REPORT

CITY COUNCIL

Agenda Item 3.3
DATE: May 6, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Job’s Daughters International Day Proclamation Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

The City Council will present the Job’s Daughters International Day Proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Job’s Daughters International (JDI) is an organization for young women between the ages of 10 and 20 that provides a safe space for girls to learn leadership skills and be an active part of their communities. JDI Bethel No. 1 Dublin has participated in numerous volunteer events, including but not limited to the City of Dublin’s St. Patrick’s Day festivities and Eggstravaganza, as well as various school clean-up projects.

Job’s Daughters International Day is observed on May 27.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
11

ATTACHMENTS:
1) Job’s Daughters International Day Proclamation
12 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Job’s Daughters InternationalDay”
WHEREAS, Job’s DaughtersInternational (JDI) is an organization for young women between the ages of 10 and 20, with over one million members and alumni worldwide over the course of the last 100 years. JDI provides a safe place for girls to have fun, learn leadership skills, and be an active part of their community. JDI also offers its members with a life-long community of support to help them succeed in society, and through local gatherings and service projects, provides a place for girls to become confident women; and WHEREAS, JDI was founded by Ethel T. Wead Mick in Nebraska and expanded to California by Elsie Bonneville Daskam with the first Bethel receiving their charter signed on June 9, 1923, in Oakland, CA. Bethel No. 1 moved from Oakland to Dublin in 1983 and is one of 70 Bethels in the State of California; and
WHEREAS, JDI Bethel No. 1 Dublin has played a vital role in the community through their generous charitable contributions, including volunteering and providing support during the City of Dublin’s St. Patrick’s Day festivities and Eggstravaganza, as well as helping with various school clean-up projects; and
WHEREAS, JDI of California, in partnership with the California Masonic Families, offers tens of thousands of dollars annually in scholarships and grants to its members and in support of local, regional, and international charities; and WHEREAS, the City of Dublin encourages youth to get involved in organizations such as JDI who, through business meetings, leadership camps, and organizing events and fundraisers, helps young women develop the skills needed to be outstanding leaders.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May 27, 2025, as “Job’s Daughters International Day” in the City of Dublin, and encourages the support of the Job’s Daughters International program and its participants, and the work they do to enable youth to realize their full potential.

DATED: May 6, 2025

Mayor Sherry Hu Vice Mayor Kashef Qaadri
_______
Councilmember Jean Josey Councilmember Michael McCorriston Councilmember John Morada 13 Agenda Item 5.1

STAFF REPORT

CITY COUNCIL

EXECUTIVE SUMMARY:

The City Council will consider approving the minutes of the April 15, 2025 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the April 15, 2025 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approving the minutes of the April 15, 2025 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

1) April 15, 2025 Regular City Council Meeting Minutes

DATE: May 6, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Approval of April 15, 2025 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
14 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: April 15, 2025

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
April 15, 2025
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 REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, April 15, 2025, in the Peter W. Snyder Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hu.
1) CALL TO ORDER
Attendee Name Status
Dr. Sherry Hu, Mayor Present
Kashef Qaadri, Vice Mayor Present
Jean Josey, Councilmember Present
Michael McCorriston, Councilmember Present
John Morada, Councilmember Present (left at 10:01 PM)
2) PLEDGE OF ALLEGIANCE
3) PRESENTATIONS AND PROCLAMATIONS

3.1) American Muslim Appreciation and Awareness Month Proclamation The City Council presented the American Muslim Appreciation and Awareness Month proclamation.

3.2) Arts, Culture, and Creativity Month Proclamation
The City Council presented the Arts, Culture, and Creativity Month proclamation.

3.3) Sexual Assault Awareness Month Proclamation
The City Council presented the Sexual Assault Awareness Month proclamation.

Attachment 1
15 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
April 15, 2025
4) PUBLIC COMMENT
None.
5) CONSENT CALENDAR

5.1) Approved the March 29, 2025 Special City Council Meeting Minutes and April 1, 2025 Regular City Council Meeting Minutes.

5.2) Adopted Resolution No. 22-25 titled, “Approving the Plans and Specifications and Awarding a Contract to Pavement Coatings Co. for the Annual Street Resurfacing (2025 Street Resurfacing Project), CIP No. ST0117.”

5.3) Adopted Resolution No. 23-25 titled, “Approving the Preliminary Engineer’s Reports, Declaring Intent to Levy and Collect Assessments, and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1.”

5.4) Received notification of the City Engineer’s pending approval of the Final Map for Tract 8452, Planning Area 3 (PA-3) The Dublin Centre (The DC).

5.5) Received a report of payments issued from March 1, 2025 – March 31, 2025, totaling $5,815,425.98.

5.6) Waived the reading and adopted Ordinance No. 03-25 titled, “Designating Fire Hazard Severity Zones in the City of Dublin Based on the Recommendation of the State Fire Marshal.”
On a motion by Vice Mayor Qaadri, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted the Consent Calendar.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Vice Mayor
SECOND: Jean Josey, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri, Morada
6) PUBLIC HEARING

6.1) Status Update on Vacancies in Compliance with Assembly Bill 2561 16 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
April 15, 2025
The City Council received a presentation on position vacancies for 2024, in compliance with Assembly Bill 2561 – Local public employees; vacant positions.

Mayor Hu opened the Public Hearing.

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

On a motion by Councilmember Josey, seconded by Vice Mayor Qaadri, and by unanimous vote, the City Council directed Staff to continue recruitment and retention efforts.

RESULT: DIRECTION PROVIDED
MOVED BY: Jean Josey, Councilmember
SECOND: Kashef Qaadri, Vice Mayor
AYES: Hu, Josey, McCorriston, Qaadri, Morada
7) UNFINISHED BUSINESS – None.
8) NEW BUSINESS

8.1) Preliminary Fiscal Year 2025-26 General Fund Budget The City Council received a presentation regarding the Preliminary Fiscal Year 2025-26 Budget, focusing on the General Fund.

Mike Grant provided public comment.

The City Council asked clarifying questions, provided feedback, and directed Staff to do further evaluation of potential cost-cutting measures while maintaining a high level of services, revenue enhancements, and the scaling back of capital projects that utilize General Fund contributions, prior to the June 3 meeting.

Mayor Hu called for a break at 9:20 PM.

Mayor Hu reconvened the meeting at 9:29 PM.

8.2) Preliminary 2024-2029 Five-Year Capital Improvement Program Update The City Council received a presentation regarding the Preliminary 2024-2029 Five-Year Capital Improvement Program (CIP), in preparation for the CIP Update scheduled for June 3, 2025.

Councilmember Morada left the meeting at 10:01 PM.
17 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
April 15, 2025
The City Council asked clarifying questions, provided feedback, and directed Staff to do further analysis of projects, including prioritizing them with an emphasis on General Fund-funded and grant-funded projects, prior to the June 3 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 the City’s expense (AB1234).

By consensus, the City Council directed Staff to bring a proclamation for Frontline Worker Appreciation Month back for approval on May 6 and add it to the Annual Proclamation.
10) ADJOURNMENT
Mayor Hu adjourned the meeting at 10:26 PM.

Mayor
ATTEST:

City Clerk
18 STAFF REPORT

CITY COUNCIL

Agenda Item 5.2
DATE: May 6, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Affordable Housing and Sustainable Communities Program Application and Associated Agreement
Prepared by: Sai Midididdi, Senior Civil Engineer
EXECUTIVE SUMMARY:

The City Council will consider authorizing the submission of an Affordable Housing and Sustainable Communities (AHSC) Program grant application, jointly with The Related Companies of California, LLC, for the Amador Station affordable housing project. The City Council will also consider approving an agreement with The Related Companies for the implementation of the AHSC grant. If awarded, the grant will help fund the construction of the Amador Station affordable housing project, transportation-related improvements by the City, the developer, and Livermore Amador Valley Transit Authority (LAVTA), operating funds for LAVTA, and the purchase of three Bay Area Rapid Transit rail cars.

STAFF RECOMMENDATION:

Adopt the Resolution Authorizing Application for the Affordable Housing and Sustainable Communities Program and Approving the Affordable Housing and Sustainable Communities Co-Applicants’ Agreement.

FINANCIAL IMPACT:

Funding from the Affordable Housing and Sustainable Communities grant program is provided by the California Greenhouse Gas Reduction Fund, an account established to receive Cap- and-Trade auction proceeds. If the grant is awarded, it will fund a portion of the Amador Station affordable housing project, associated infrastructure procurement and improvements, and transit program elements. The City would use a portion of the grant funds for design, construction, project management, and grant administration of pedestrian and bicycle infrastructure improvements within public streets.
19

DESCRIPTION:

Background
On March 21, 2023, and on February 20, 2024, the City Council adopted resolutions authorizing applications for the Affordable Housing and Sustainable Communities (AHSC) Program and approving AHSC Co-Applicants' Agreement (Resolution 25-23 and Resolution 13-24). The Resolutions were in response to Notices of Funding Availability (NOFA) issued by the California Strategic Growth Council (SGC) and the Department of Housing and Community Development (HCD), under the AHSC program. The resulting 2023 and 2024 applications were not selected for AHSC grant funding.

On March 25, 2025, SGC and HCD issued a new NOFA, providing another opportunity for the City to partner with The Related Companies of California, LLC to apply for Round 9 of the AHSC program. The program provides grant funds for affordable housing projects that support sustainable communities by reducing greenhouse gas (GHG) emissions. Emission reductions are achieved through strategies that increase access to affordable housing and community amenities via low-carbon transportation options, such as walking, biking, and transit. These efforts aim to reduce the vehicle miles traveled through shortened trip lengths or mode shifts from single-occupancy vehicle use.

Project Description
The Amador Station project is located on a vacant 3.6-acre parcel owned by the San Francisco Bay Area Rapid Transit (BART) at 6501 Golden Gate Drive. This site is located adjacent to the West Dublin/Pleasanton BART Station (Figure 1). The site is bounded by I-580 to the south, Avalon West residential development to the west, Connolly Station residential community to the north, and Golden Gate Drive to the east. The property lies within the Transit Oriented District of the Downtown Dublin Specific Plan (DDSP) and is being developed by The Related Companies of California, LLC. The Related Companies of California LLC is partnering with Affordable Housing Access, a non-profit agency, for this project.

Figure 1: Location Map
Grant Funding
AHSC program funds are allocated through a competitive process, based on the merits of the

SUBJECT

PROPERT
Avalo
n West
Conne
lly
20

application to support a sustainable housing development that improves transit, walking, and biking infrastructure. The AHSC grant provides an opportunity for the City to partner with The Related Companies of California, LLC to receive funds for bicycle and pedestrian infrastructure improvements. Partnering with the City will result in a complete and competitive AHSC grant application.

The Related Companies will also be entering into separate agreements with the Valley Transit Authority (VTA) for the purchase of three BART rail cars and with Livermore Amador Valley Transit Authority (LAVTA) to provide infrastructure and operating funds. VTA is collaborating with BART on the Silicon Valley Extension Project, with VTA managing construction and funding, and BART operating the service. The procurement of BART rail cars provides the project with a competitive application by providing a strong GHG emission reduction component. Discussions between Staff, Related Companies, VTA, and LAVTA have resulted in a proposed AHSC grant application that, if successful, will help fund the affordable housing project, acquisition of BART rail cars, pedestrian and bicycle infrastructure improvements, transit passes, and other program elements.

The AHSC program limits the total requested program funding amount to $50,000,000, of which up to $35,000,000 may be requested as a loan for Affordable Housing Development or Housing Related Infrastructure to fund the Amador Station affordable housing project. A maximum of $15,000,000 can be requested for Sustainable Transportation Infrastructure which includes a maximum of $600,000 for Program activities. Costs incurred for required transit passes will not contribute to the $600,000 Program activities cap. These activities are defined in the AHSC Program Guidelines as follows:
“Affordable Housing Development” means a capital project of residential development or the residential portion of a mixed-use development in which at least 20 percent of the total units are Affordable Units.
“Housing Related Infrastructure” means a capital infrastructure improvement required as a condition of approval of an Affordable Housing Development by a Locality, transit agency, or special district such as sewer, water, or utility system upgrades, streets, drainage basins, etc. or a capital infrastructure improvement allowed under Section 103(c). “Sustainable Transportation Infrastructure” means capital projects that result in the improvement or addition of infrastructure that encourages mode-shift from single occupancy vehicles by enhancing: 1) public transit service, 2) pedestrian networks, or 3) bicycle networks (includes public bike-share programs), as well as transit operations expenditures that directly support transit expansion, within the defined project area meeting the transit requirements detailed in Section 102.

Table 1 below provides an overview of the requested funding amount and allocations. 21

Table 1: Funding Request Amounts
AHSC Loan
Type
Maximum
Funding
Amount
Per
Program
Guidelines
Anticipated
Funding
Request,
Not to
Exceed
Description Funds Recipient
Affordable
Housing
Development
(AHD) or Housing
related
infrastructure
$35,000,000 $35,000,000 Phase 1A –
Amador Station
The Related Companies of
California, LLC/Affordable
Housing Access
Sustainable
Transportation
Infrastructure
(STI)
$15,000,000
$8,350,000 BART cars
VTA via The Related
Companies of California,
LLC/ Affordable Housing
Access
$5,000,000
Bicycle and
Pedestrian
Improvements
Project
City of Dublin
$500,000
New Sidewalk –
On AHD Site
Pedestrian
Improvements
The Related Companiesof
California, LLC/ Affordable
Housing Access
$200,000 Bus Shelters
LAVTA via The Related
Companies of California,
LLC/ Affordable Housing
Access
$200,000 Transit Signal
Priority (TSP)
LAVTA via The Related
Companies of California,
LLC/ Affordable Housing
Access
Program Costs
(PGM)
$300,000* Transit Passes*
The Related Companies of
California, LLC/ Affordable
Housing Access
$450,000 Program
Component (TBD)
The Related Companies of
California, LLC/ Affordable
Housing Access
* Costs incurred for required transit passes do not contribute to the $600,000 Program Costs cap.
22

City Project
As shown in the table above, the AHSC application includes a funding request of $5,000,000 for pedestrian and bicycle infrastructure improvements within the City public street rights-of- way. The proposed City project includes pedestrian improvements by reconstructing existing sidewalks to improve accessibility and meet current standards on Regional Street from St.

Patrick Way to Dublin Boulevard, and on Dublin Boulevard from Regional Street to Golden Gate Drive. The grant application includes a request for funding bicycle improvements that include installing Class II bicycle lanes on Sierra Court north of Dublin Boulevard and on Sierra Lane from Sierra Court to Dougherty Road, and a Class III bikeway or a Bicycle Boulevard, including signs and shared lane markings, on Civic Plaza south of Dublin Boulevard connecting to the Alamo Canal Trail. Additionally, the AHSC grant will provide funds for five new bus shelters in Dublin, as well as funding for Transit Signal Prioritization along Village Parkway, both of which were identified in partnership with LAVTA.

Agreement between the City and The Related Companies
To comply with the AHSC program requirements, the City and The Related Companies are required to enter into the AHSC Co-Applicants’ Agreement (Attachment 2). The agreement defines the terms and responsibilities for the City and The Related Companies to implement and deliver their respective improvements to comply with the AHSC program requirements.

The AHSC application deadline is May 28, 2025. Announcement of AHSC award recipients is anticipated to be in December 2025.

STRATEGIC PLAN INITIATIVE:

Strategy 3: Housing Inclusivity and Affordability.

Objective 3B: Support efforts to produce housing affordable at all levels of income.

Strategy 5: Long-Term Infrastructure and Sustainability Investments.

Objective 5A: Continue to explore funding mechanisms for capital and ongoing maintenance needs.

Objective 5C: Continue to make progress on the Climate Action Plan and sustainable operations.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Authorizing Application for the Affordable Housing and Sustainable Communities Program and Approving the Affordable Housing and Sustainable Communities Co-Applicants’ Agreement
2) Exhibit A to the Resolution – AHSC Co-Applicants’ Agreement 23 Attachment 1
Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 1 of 3 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AUTHORIZING APPLICATION FOR THE AFFORDABLE HOUSING AND SUSTAINABLE

COMMUNITIES PROGRAM AND APPROVING THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES CO-APPLICANTS’ AGREEMENT
WHEREAS, on August 10, 2021, the Planning Commission approved the Site Development Review Permit for the proposed 300-unit Amador Station development by BRIDGE Dublin, LLC., on a 3.6-acre vacant property owned by the San Francisco Bay Area Rapid Transit District (BART) on Golden Gate Drive, adjacent to the West Dublin/Pleasanton BART Station. The Site Development Review Permit approval was contingent upon subsequent approval of a Community Benefit Program Agreement by the City Council; and
WHEREAS, on September 21, 2021, the City Council approved the Community Benefit Program Agreement and Affordable Housing Assistance Agreement between the City and BRIDGE Dublin, LLC; and
WHEREAS, BRIDGE Dublin, LLC, has subsequently partnered with The Related Companies of California, LLC, a for profit affordable housing developer; and WHEREAS, on February 21, 2023, the City Council approved amendments to the Community Benefit Program Agreement and Affordable Housing Assistance Agreement between the City and The Related Companies of California, LLC; and
WHEREAS, the State of California, the Strategic Growth Council (SGC) and the Department of Housing and Community Development (Department) issued a Notice of Funding Availability on March 25, 2025 (NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and
WHEREAS, The Related Companies of California, LLC, engaged the City on partnering on the AHSC Program grant application in an effort to prepare a complete and competitive application; and
WHEREAS, The Related Companies of California, LLC, and the City (Applicant) desire to apply for AHSC Program funds and submit the Application Package released by the Department for the AHSC Program; and
WHEREAS, The Related Companies of California, LLC., and the City desire to enter into an agreement that defines the terms and responsibilities for the City, and The Related Companies, LLC to implement and deliver their respective improvements to comply with the AHSC program requirements, attached hereto as Affordable Housing and Sustainable Communities Program Co- Applicants’ Agreement (Exhibit A); and
WHEREAS, the AHSC Program Application includes up to $5,000,000, for improvements to bicycle and pedestrian infrastructure in the City of Dublin and in the vicinity of the project; and 24 Attachment 1
Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 2 of 3 WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. The Department is authorized to administer the approved funding allocations of the AHSC Program.

NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution.

BE IT FURTHER RESOLVEDthat the City Council of the City of Dublin does hereby make the following findings and determinations:

1. Applicant is hereby authorized and directed to apply for and submit to the Department the AHSC Program Application as detailed in the NOFA dated March 25, 2025, for Round 9 in a total amount not to exceed $50,000,000.00 of which up to $35,000,000.00 is requested as a loan for an Affordable Housing Development (AHD) (“AHSC Loan”) or Housing-Related Infrastructure (HRI), and $15,000,000.00 is requested for a grant for Sustainable Transportation Infrastructure (STI) or Program (PGM) activities (“AHSC Grant”) as defined in the AHSC Program Guidelines adopted by SGC on Feb. 24, 2025.

If the application is approved, the Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) in a total amount not to exceed $50,000,000.00 ($35,000,000.00 for the AHSC Loan and $15,000,000.00 for the AHSC Grant), and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program funds from the Department, and all amendments thereto (collectively, the “AHSC Documents”).

2. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package.

3. The City Manager or designee is authorized to execute in the name of Applicant the AHSC Program Application Package and the AHSC Program Documents as required by the Department for participation in the AHSC Program.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the Affordable Housing and Sustainable Communities Program Co-applicants’ Agreement, attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A, and make any necessary, non-substantive changes toExhibit A to carry out the intent of this Resolution.
25 Attachment 1
Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor
ATTEST:

City Clerk
26 1
Attachment 2
Exhibit A to the Resolution
AHSC CO-APPLICANTS’ AGREEMENT
This AHSC Co-Applicants' Agreement (the “Agreement”) is made as of____ , 2025, by and amongst the City of Dublin (the “City”) and The Related Companies of California, LLC, a California limited liability company (the “Developer”) with reference to the following facts and purposes:

RECITALS
A. Developer intends to develop that certain real property located in the City of Dublin (the “Property”) commonly referred to as (the “Project”). Developer has formed Amador Station Phase 1 Housing Partners, LP, a California limited partnership (Partnership), who will own and operate the Project.

B. The State of California, the Strategic Growth Council (SGC) and the Department of Housing and Community Development (HCD) issued a Notice of Funding Availability dated March 25, 2025 (the AHSC NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200.

C. Developer and the City, as co-applicants, jointly applied for funds under the AHSC NOFA to provide funding for the Project, as well as funding for transportation- related public improvements to be constructed by the City.

D. HCD awarded Developer and the City an aggregate amount of $ up to $50,000,000 in AHSC Program Funds consisting of (A) $ up to $35,000,000 for a permanent loan for the Project (AHSC Loan) and (B) $up to $50,000,00 for a grant (AHSC Grant), which shall be used for: (i) $up to $5,000,000 for construction of the City’s Sustainable Transportation Infrastructure improvements (STI Improvements). The AHSC Grant and the AHSC Loan are collectively referred to herein as the “AHSC Financing.”
E. As co-applicants, the City and Developer are required to enter into certain agreements with HCD, including but not limited to standard agreements and a disbursement agreement (collectively, the AHSC Documents), where City and Developer will be jointly and severally liable for the full and timely performance of all obligations set forth in the AHSC Documents, including completion of the Project and the STI Improvements.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties hereto agree as follows:
27 2

AGREEMENT

1. Obligations

1.1. The City and Developer each acknowledge and agree that the inability or failure by either party to fully and timely complete each party’s respective improvements required by the AHSC Documents may affect the timing and right of the other party to receive disbursement of AHSC Financing due the other party notwithstanding the other party’s full and timely performance of its obligations. Developer has informed the City and the City acknowledges that if the City is not in compliance with the City’s obligations under the AHSC Documents, or the STI Improvements are not completed in accordance with the requirements and schedule under the AHSC Documents, the City may cause a default under AHSC Documents, and the documents evidencing the Partnership’s loans and financing for the Project (the “Partnership Financing Documents”). The City and Developer each acknowledge and agree that each, for itself, will exercise all commercially reasonable, good faith efforts to do all things at all times necessary to commence and complete each party’s own improvements in accordance with the AHSC Documents. The City and Developer agree to give the other party a written monthly status report on the improvements to be constructed and/or installed by each party, i.e., Developer will report on the Partnership’s progress on the Project, and the City will report on the progress of the STI Improvements.

1.2. If requested by either party, the other party will make available copies of approved design and construction documents, written public notices, and/or construction contracts. If either party anticipates not meeting the targeted construction and grant disbursement milestones as established in the AHSC Documents, that party will notify the other party in writing. If either party anticipates not being able to meet the required milestone dates as established in the AHSC Documents, that party will contact the other party as soon as is reasonably possible to discuss the reasons why the milestone dates may not be met and what actions the delayed party intends to take to meet the milestones or otherwise rectify the Project schedule in order to maintain good standing with the terms and conditions established in the AHSC Documents.

1.3. The City shall submit to HCD all draw requests for AHSC Grant funds for the costs associated with the STI Improvements, and apply such proceeds to pay invoices for such work. The City shall be solely responsible for the performance and completion of the STI Improvements in accordance with the terms of the AHSC Documents and the approved design and construction documents. The Partnership shall be solely responsible for the performance and completion of the Project in accordance with the terms of the AHSC Documents and the approved design and construction documents.
28 3

1.4. The City will provide Developer with copies of all requisitions for work related to the STI Improvements, the notice of completion, and other documents related to the STI Improvements that Developer may reasonably request.

1.5. Developer assumes responsibility for any monitoring or reporting of reductions in greenhouse gas emissions during the term of the Standard Grant Agreement, which is one of the AHSC Documents. The City will cooperate with Developer and assist in responding to any reporting requests to the extent feasible.

2. Term of Agreement
The term of this Agreement shall coincide with the term of the AHSC Documents.

3. Developer Indemnification

3.1 Developer shall indemnify, defend (with counsel approved by City), and hold the City and its officers, directors, employees, agents, consultants (collectively, “City Indemnitees”) harmless from and against any and all claims, losses, costs, damages, liability and judgments, including reasonable attorneys’ fees (with counsel of City’s choice), incurred by or asserted against any City Indemnitees arising in connection with any breach by Developer, the Partnership, any affiliate of Developer, or any contractor, subcontractor, agent or employee of Developer, the Partnership or any affiliate of Developer of any term or condition of the AHSC Financing, including the AHSC Documents and any related documents executed by Developer, the Partnership, or any affiliate of Developer; provided, that Developer’s indemnification obligations under this Agreement shall not extend to claims resulting solely from the gross negligence or willful misconduct of City Indemnitees.

It is further agreed that City does not and shall not waive any rights against Developer or the Partnership that it may have by reason of this indemnity and hold harmless agreement because of City’s acceptance, or Developer’s or the Partnership’s deposit with City of any of the insurance policies.

3.2 City shall indemnify, defend (with counsel approved by Developer), and hold the Developer, the Partnership and their respective officers, directors, employees, agents, consultants and partners (collectively, “Developer Indemnitees”) harmless from and against any and all claims, losses, costs, damages, liability and judgments, including reasonable attorneys’ fees (with counsel of Developer’s choice), incurred by or asserted against any Developer Indemnitees arising in connection with any breach by City, or any division, department, office, contractor, subcontractor, agent or employee of City of any term or condition of the AHSC Financing, including the AHSC Documents, and any related documents executed by City; provided, that City’s indemnification obligations under this Agreement shall not extend to claims resulting solely from the gross negligence or willful misconduct of Developer Indemnitees. It is further agreed that Developer does not and shall not waive any rights against City that it may have by reason of this indemnity and hold harmless agreement because of Developer’s acceptance, or City’s deposit with Developer of any of the insurance policies. 29 4

4. Cost Overruns
Developer and/or the Partnership shall be responsible for paying all costs required to complete the Project irrespective of whether such costs exceed the AHSC Loan proceeds, and the City shall be responsible for paying all costs required to complete the STI Improvements irrespective of whether such costs exceed the AHSC Grant proceeds allocated to the STI Improvements.

5. General Provisions

5.1. Headings. The title and headings of the various Sections of this Agreement are intended for means of reference and are not intended to place any construction on the provisions of this Agreement.

5.2. Invalidity. If any provision of this Agreement shall be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

5.3. Entire Agreement. The terms of this Agreement are intended by the parties hereto as a final expression of their agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. No provision of this Agreement may be amended except by an agreement in writing signed by the parties hereto or their respective successors in interest. The parties hereto were represented by attorneys with regard to the drafting of this Agreement, and neither party shall be deemed to be the drafter of this Agreement.

5.4. Successors. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto.

5.5. Governing Law; Venue. This Agreement shall be governed by the law of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Francisco.

5.6. Execution. This Agreement may be executed in multiple counterpartoriginals.

5.7. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed, either by the parties hereto or by any third party, to create the relationship of principal and agent or create any partnership, joint venture or other association between the City and Developer. 30 5

5.8. Notices. All notices, including deliveries of documentation (i.e., plans and contracts) for review and approval herein, shall be sent be a party hereto or its counsel by either personal delivery, a reputable overnight courier which keeps receipts of delivery (such as UPS, CalOvernight, or Federal Express), or through the facilities of the United States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any such notice shall be effective upon delivery, if delivered by personal delivery or overnight courier, and 72 hours after dispatch, if mailed in accordance with the above. Notice to the respective parties shall be sent to the following addresses unless written notice of a change of address has been given pursuant hereto:

To Developer:

The Related Companies of California
44 Montgomery Street, Suite 1310
San Francisco, CA 94104
Attn: Ann Silverberg
To City:

Colleen Tribby
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
925-833-6000

5.9. Third Party Beneficiary. The Partnership is intended to be and shall be a third-party beneficiary of this Agreement, and Developer and the City shall not amend, modify or terminate the Agreement without the Partnership’s express written consent.

5.10. Compliance with Laws. Developer shall keep itself fully informed of the City’s Charter, codes, ordinances and duly adopted rules and regulations of the City and of all state, and federal laws in any manner affecting the performance of this Agreement, and must at all times comply with such local codes, ordinances, and regulations and all applicable laws as they may be amended from time to time. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
31 6
IN WITNESS WHEREOF, the parties have executed this Agreement on or as of the date first above written.

DEVELOPER:

The Related Companies of California, LLC, a
California limited liability company
By:

Ann Silverberg, Vice President
CITY:

City of Dublin
By:

Colleen Tribby
City Manager
32 STAFF REPORT

CITY COUNCIL

Agenda Item 5.3
DATE: May 6, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Mape Memorial Park Pathway Relocation Project, CIP No. GI0221 – Approval of Plans and Specifications and Award of Contract to CLS/Cervantes Landscape Services, Inc.

Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving the plans and specifications and awarding a construction contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project. The project will relocate a pathway, fencing, site furnishings, turf, and associated irrigation away from the creek bank that was damaged in the 2022-2023 storms.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221.

FINANCIAL IMPACT:

The bid submitted by CLS/Cervantes Landscape Services, Inc. is $147,777. Sufficient funds are available in the approved budget for CIP No. GI022.

Staff applied for grant funding through the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (CalOES) for the Mape Memorial Park Pathway Relocation Project. Staff is working with FEMA and CalOES, and will submit costs to the organizations, who will determine which project expenditures are eligible for reimbursement.

DESCRIPTION:

The 2024-2029 Capital Improvement Program (CIP) includes the Resiliency and Disaster Preparedness Improvements Project, CIP No. GI0221. The Resiliency and Disaster 33

Preparedness Improvements Project provides for the planning, design, environmental permitting, and construction of repairs at various sites throughout the City that were damaged in the series of rainfall events in December 2022 and January 2023, which were declared a major disaster for the State of California by the President on January 14, 2023.

Martin Canyon Creek runs along the southern property line of Mape Memorial Park. The creek experienced bank erosion during the storms that created an unsafe condition for the pathway adjacent to the creek. The project will move the pathway and adjacent facilities, such as fencing, waste bins, and a bench, away from the creek and allow the pathway to be reopened to park users. The relocation of the pathway also requires modification to the turf and associated irrigation.

Bid Process and Results
The City of Dublin issued a bid package for the Mape Memorial Park Pathway Relocation Project on March 6, 2025. The bid package consisted of one lump sum base bid item. Five sealed bids were received and opened on April 8, 2025. The five accepted bids ranged from $147,777 to $227,000, with the lowest bid submitted by CLS/Cervantes Landscape Services, Inc. Two submitted bids were non-responsive because the contractors did not submit their bids on the required bid forms obtained from the City’s plan room. A summary of the bids is provided as Attachment 4.

Staff reviewed the bid results, checked references and necessary licenses, and recommends that the City Council award the construction contract to CLS/Cervantes Landscape Services, Inc. as the lowest responsive and responsible bidder.

Staff anticipates work to begin in June and be completed in the fall.

California Environmental Quality Act (CEQA)
The project is exempt under Section 15301, Class 1 Repair or Minor Alteration of Existing Public Facilities; Section 15302, Class 2 Replacement or Reconstruction of Existing Facilities Located on the Same Site; and Section 15304, Class 4 Minor Public Alterations of the CEQA Guidelines. A Notice of Exemption was filed with the Office of the Alameda County Clerk on March 18, 2025.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of this report was provided to CLS/Cervantes Landscape Services, Inc.
34

ATTACHMENTS:
1) Resolution Approving the Plans and Specification and Awarding a Contract to CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221
2) Exhibit A to Resolution –Agreement with CLS/Cervantes Landscape Services, Inc. for the Mape Memorial Park Pathway Relocation Project, CIP No. GI0221; Plans - Construction Drawings: https://www.dublinplanroom.com/preview/1844/6125/22105; and Specifications:
https://www.dublinplanroom.com/preview/1844/6124/22106
3) CIP No. GI0221
4) Mape Memorial Park Pathway Relocation Bid Results
35 Attachment 1
Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 1 of 2 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO CLS/CERVANTES LANDSCAPE SERVICES, INC. FOR THE MAPE MEMORIAL PARK PATHWAY RELOCATION PROJECT, CIP NO. GI0221
WHEREAS, the design team has completed the plans and specifications for the Resiliency and Disaster Preparedness Improvements (Mape Memorial Park Pathway Relocation) Project, CIP No. GI0221, which includes the relocation of an existing pathway, fencing, site furnishings, turf and associated irrigation away from the creek bank that was damaged in the 2022-2023 storms; and
WHEREAS, the City of Dublin did, on April 8, 2025, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to Staff, and CLS/Cervantes Landscape Services, Inc. was determined to be the lowest responsive and responsible bidder for doing said work.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Plans and Specifications for the Project.

BE IT FURTHER RESOLVEDthat the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest, responsive, and responsible bidder, CLS/Cervantes Landscape Services, Inc., at a bid of one-hundred forty-seven thousand seven-hundred seventy- seven dollars and zero cents ($147,777.00), the particulars of which bids are on file in the Office of the Public Works Director.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with CLS/Cervantes Landscape Services, Inc., attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVEDthat the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the following page}
36 Reso. No. XX-25, Item X.X, Adopted 05/06/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
37 MAPE MEMORIAL PARK PATHWAY RELOCATION
CITY OF DUBLIN, PROJECT No. GI0221

AGR EEMENT
00 52 00 - 41
SECTION 00 52 00

AGREEMENT
CIT

Y OF DUBLIN
City Hall, 100 Civic Plaza
Dublin, California 94568
CONST

RUCTION AGREEMENT
The City of Dublin, (“City”) enters into this agreement, dated for reference purposes only, with __________________________________ (“Contractor”).

RECIT
ALS
A. NOTICE INVITING BIDS . The City gave notice inviting bids to be submitted by _________________ for the MAPE MEMORIAL PARK PATHWAY RELOCATION Project No. GI0221 by published notice and/or posting pursuant to California Public Contract Code Section 20164 and other applicable law.

B. BID OPENING. On __________, City representatives opened the bids for the MAPE MEMORIAL PARK PATHWAY RELOCATION Project No. GI0221 and read the bids aloud.

C. PROJECT AWARD . On __________, the City Council awarded the MAPE MEMORIAL PARK PATHWAY RELOCATION Project No. GI0221 to the Contractor and directed City staff to send the Contractor written notice of award of the project. The City Council conditioned award of the project on the Contractor’s providing executed copies of all documents specified in the contract check list included in the bid package within twenty-one (21) calendar days of receiving written notice of award of the project.

D. REQUIRED DOCUMENTS . The Contractor has provided the City executed copies of all documents specified in the contract check list included in the bid package within twenty -one (21) calendar days of receiving written notice of award.

AGRE

EMENT TERMS
The Ci
ty and the Contractor agree as follows:

1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner the (Title of Project) (“Work”) as shown in the Technical Specifications and Project Plans in accordance with the Contract Documents and applicable law.

2. LOCATION OF WORK. The Work will be performed at the following location:
11711 Mape Way in Dublin, California.

3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents within 170 calendar days ( 60 Calendar days + 10 Adverse Weather Days Allowance for Construction + 100 Day Maintenance Period) from the date specified in the City’s Notice to Proceed (“Time for Completion”).

4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification to this agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, assessment of liquidated damages of $500 per day pursuant to Attachment 2
Exhibit A to the Resolution
CLS/Cervantes Landscape Services, Inc.

April 8, 2025
April 8, 2025
May 6, 2025
38 MAPE MEMORIAL PARK PATHWAY RELOCATION
CITY OF DUBLIN, PROJECT No. GI0221

AG REEMENT
00 52 00 - 42
California Government Code Section 53069.85 and section 00 72 00 of the General Conditions, and/or obtaining or providing for substitute performance in accordance with the Contract Documents.

5. CONTRACT PRICE AND PAYMENT . As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor in lawfu l money of the United States the total price of $ _
________ (the “Contract Price”) as
specified in the Contractor’s completed Bid Schedule dated __________________________________, _____, and attached to and incorporat ed in this agreement. Payment to the Contractor under this agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this agreement is subject to and may be offset by charges that may apply to the Contractor under this agreement.

Such charges include but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents.

6. PREVAILING WAGES. Pursuant to California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. Pursuant to California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. Pursuant to California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. Pursuant to California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work. The Contractor is subject to prevailing wage rate compliance monitoring and enforcement by the California Department of Industrial Relations.

The contractor or subcontractor(s) 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 this chapter, 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 California Labor Code Section 1725.5 at the time the contract is awarded.

7. THE CONTRACT DOCUMENTS . This agreement consists of the following documents “Contract Documents.” The Contract Documents consist of the Plans as signed by the City Engineer and issued for the Project, and the entire set of Specifications incorporating Division 0 – 33, including the appendices, all addendums and change orders issued., all of which are incorporated into and made a part of this agreement as if set forth in full. See section 00 72 00 “General Conditions” for document precedence in the event there is a conflict that arises from section 00 72 00 “ General Conditions,” shall be per the following provisions. Written numbers and notes on a drawing govern over graphics, a detail drawing governs over a general drawing, a detail specification governs over a general specification, and a specification in a section governs over a specification referenced by that section. In the event of a conflict between or among the Contract Documents, precedence will be in the following order:

7.1 Executed Change Orders;
____$147,777.00_______
April 8 2025
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7.2 Addenda in inverse chronological order, and in the same order as specific portions they are modifying;

7.3 Section 00 52 00 Agreement, and terms and conditions referenced therein;

7.4 Section 00 72 00 General Conditions;

7.5 Division 1 Specifications;

7.6 Technical Specifications Divisions 2 through 33;

7.7 Project Drawings;

7.8 City Standard Details;

7.9 Other referenced standards or specifications.

7.10 Notice Inviting Bids.

7.11 Instructions to Bidders.

7.12 The successful bidder’s completed Proposal Form and Bidder’s Sheet.

7.13 The successful bidder’s completed Contractor License Information.

7.14 The successful bidder’s completed List of Proposed Subcontractors.

7.15 The successful bidder’s Insurance Certifications.

7.16 The successful bidder’s completed Non-collusion Affidavit.

7.17 The successful bidder’s Debarment Certification.

7.18 The successful bidder’s completed Certificates of Insurance and Endorsements.

7.19 The successful bidder’s executed Performance Bond.

7.20 The successful bidder’s executed Payment Bond.

7.21 Executed Escrow for Deposit Agreement, if applicable.

7.22 Change Order Form.

7.23 The Maintenance Bond form included in the bid package that the Contractor must execute prior to release of final payment under the Contract.

7.24 The successful bidder’s Qualification Statement, if any.

7.25 The successful bidder’s signed Signature Form.

8. AMENDMENTS. This Agreement may be amended from time-to-time as necessary by formal and written amendment executed by the City Manager or his designee and principal acting on behalf of the Contractor.

9. PROVISIONS INCORPORATED BY REFERENCE. Provisions or parts of provisions that are incorporated by reference and not set forth at length in any of the Contract Documents will only form a part of this Agreement to the extent the Contract Documents expressly make such provisions or parts of provisions a part of this Agreement. For example, published public works agreement provisions, such as those of the State of California Department of Transportation Standard Specifications (known as the Standard Specifications) are only a part of this Agreement to the extent expressly incorporated in this Agreement by section number, and references in th e
S
tandard Specifications incorporated by reference to other Standard Specifications do not make such other Standard Specifications a part of this Agreement. When such published provisions are made
a part of this Agreement, references in the published provisions to other entities, such as the State, the Agency, or similar references, will be deemed references to the City as the context of this Agreement may require.

10. INTERPRETATION OF CONTRACT DOCUMENTS . Any question concerning the intent or meaning of any provision of the Contract Documents, including, but not limited to, the Technical Specifications or Project Plans, must be submitted to the Public Works Department, for issuance of an interpretation and/or decision by an authorized Public Works Department representative in accordance with the requirements of the Contract Documents. Interpretations or decisions by any other person concerning the Contract Documents will not be binding on the City. The decision of an authorized Public Works Department representative shall be final.

11. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this agreement, or any moneys due or to become under this agreement, or any other right or interest of the Contractor 40 MAPE MEMORIAL PARK PATHWAY RELOCATION
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under this agreement, or delegate any obligation or duty of the Contractor under this agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment or delegation without such written approval on behalf of the City and the Contractor’s sureties will be void and a material breach of this agreement subject to all available remedies under this agreement and at law and equity.

12. CERTIFICATION OF CONTRACTOR’S LICENSE . By signing this Agreement the Contractor certifies that the Contractor holds a valid Type “A” or Type “C-27” license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Business and Professions Code, and may constitute a material breach of this agreement subject to all available remedies under this agreement and at law and equity.

13. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect.

14. INSURANCE. Contractor agrees to have and maintain the insurance coverages and polices set forth in Exhibit A to this Agreement, “Insurance Requirements,” which is incorporated by this reference. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if approved in writing by the City. A lapse in any required insurance coverage during this agreement shall constitute a material breach of this Agreement. The cost of such insurance shall be included in the Contractor’s bid.
a. C
ontractor agrees to maintain in force at all times during the performance of the Scope of Work under this Agreement, workers’ compensation insurance as required by law. b. C
ontractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by the Contractor agree to be bound to Contractor and City in the same manner and to the sam e
ex
tent as Contractor is bound to City under this Agreement and any other applicable contract documents. Subcontractors further agree to include these same provisions with any sub- subcontractor. A copy of the Indemnity and Insurance provisions in this Agreement will be furnished to the subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and will provide proof of compliance to the City.
c. T
he policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California.
d. C
ontractor agrees that if it does not keep the aforesaid insurance in full force and effect, City may terminate this Agreement.
e. A
t all times during the term of this Agreement, Contractor shall maintain on file with the City a certificate or certificates of the required insurance as set forth in the Exhibit A, “Insurance Requirements,” showing that the required insurance policies are in effect in the required amounts.
f. I
t is requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be 41 MAPE MEMORIAL PARK PATHWAY RELOCATION
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available to the additional insured. Furthermore, the requirements for coverage for coverage and limits shall be (1) the minimum coverage and limits of coverage and the limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of an insurance policy or proceeds available to the named Insured; whichever is greater.

15. INDEMNIFICATION. To the fullest extent permitted by law Contractor agrees to defend (with legal counsel selected by the City), including the cost to defend, indemnify and hold harmless the City, its elected and appointed officials, officers, attorneys, agents, employees, c onsultants, and volunteers, and each of them from and against any and all claims, damages, losses and expenses, including attorney’s fees, and from any and all suits, actions or claims filed or brought by and all person or persons arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be li able, except where caused by the active negligence, sole negligence, or willful misconduct of the City. a. General. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this section. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this section is a material element of consideration. The parties agree that if any part of this Indemnification is found to conflict with applicable laws, such part shall be unenforceable only insofar as it conflicts with said laws, an d
t
hat this indemnification shall be judicially interpreted and rewritten to provide the broadest possible indemnification legally allowed and shall be legally binding upon Contractor. b. Survival. Contractor and any subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
c. No Limitation by Insurance Obligations. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement
d. Scope. This section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, and volunteers, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor engaged in performance of the Work. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. T he
C
ontractor will indemnify, defend, and hold harmless the City and its officials, officers , emp
loyees, and, volunteers from such liability. The Contractor will indemnify, defend and hold harmless the City, the City’s officials, officers, employees and volunteers for all liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor’s performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid.

16. BONDING REQUIREMENT. The Contractor agrees to post a Faithful Performance Bond and Payment Bond for Labor and Materials, or other guarantees, in the required amounts upon bond forms provided by the City, guarantying the performance of the terms of this Agreement.

17. MAINTENANCE AND GUARANTY. The Contractor shall promptly repair, replace, restore, or rebuild, as the City may determine, any finished product in which defects of materials or workmanship may appear or to which damage may occur because of such defects, during a one (1) y
ear period after the date of the City Council‘s acceptance of the project. 42 MAPE MEMORIAL PARK PATHWAY RELOCATION
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This Article does not in any way limit the guaranty on any items for which a longer guaranty is specified or on any items which a manufacturer give a guaranty for a longer period, nor does it limit the other remedies of the City in respect to a latent defect, fraud or implied warranties. Contractor shall furnish the City all appropriate guaranties or warranty certificates upon completion of the project.

18. MAINTENANCE BOND. The Contractor further agrees to post a maintenance bond in the amount equal to at least 10 percent (10%) of the final value of the entire work prior to City's acceptance of the project. The maintenance bond shall remain in effect for a period of one (1) year after the City Council’s acceptance of the work to guarantee the repair and/or replacement of the defective materials provided and/or workmanship performed under this contract.

19. NOTICE OF THIRD-PARTY CLAIMS. Pursuant to Public Contracts Code section 9201, the City Shall provide the Contractor with notice of Claims relating to this Contract filed by third parties no later than ten (10) business days from the date of receipt of the claim. The Contractor shall b e
r
esponsible for reimbursing the City for its reasonable costs in providing the notification.

20. SHORING FOR TRENCHES. The Contractor shall provide adequate sheeting, shoring, and bracing for all trenching and excavations in accordance to applicable Safety Regulations, and the California Labor Code. Attention is directed to Sections 6423, 6424, 6705, and 6707 of the Labor Code of the State of California, OSHA 29 CFR Part 1926 Federal Regulations, Standards - Excavation, and elsewhere within these Contract Documents. The Contractor shall not commence with any excavation with a depth of five feet or deeper without first complying with all applicable Labor Code and Safety Regulations. The Contractor shall designate a competent person who is responsible for trench and structure excavation, shall obtain a Cal/OSHA Safety Permit for excavation, and shall submit to the City a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

21. CHANGES OR EXTRA WORK. The Contractor acknowledges that in conformance with the Contract Documents, any changes or extra work must be authorized in writing by the City prior to the Contractor performing said work. Contractor further acknowledges that it is solely responsible for obtaining written authorization from the City and that it shall not be compensated for any additional work performed without said written authorization. Oral authorization shall not be sufficient to bind the City absent specific written authorization.

22. MEDIATION. All claims for $375,000 and less shall be subject to the provisions of Public Contract Code Section 20104 et seq.
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Executed on _______________________, __________, by
CO

NTRACTOR CITY OF DUBLIN
a Municipal Corporation
____
____________________________ _________________________________ By:_____________________________ Colleen Tribby, City Manager T
itle:___________________________
____
____________________________
Corporate Entity Number
____
____________________________
DIR Number
[
Attach Notary Page]
AT
TEST:
____
_____________________________
Marsha Moore, City Clerk
CLS/Cervantes Landscape Services, Inc.

Alejandro Cervantes Perez
Owner/CEO
1000711354
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EXHIBIT A -- INSURANCE REQUIREMENTS

1. Insurance Requirements . Before commencing any Work under the Contract Documents, Contractor shall furnish to the City satisfactory proof that Contractor has in force continuously for the entire period covered by this Contract the following classes of insurance in the form and with limits specified below.

1.1 Commercial General Liability Insurance covering claims for personal injury, bodily injury and property damage arising out of the Work and in a form providing coverage no less broad than that of the current ISO Commercial General Liability policy (Occurrence Form, number CG 00 01). Such insurance shall provide for all operations and include independent contractors, products liability, completed operations, contractual liability, personal and advertising injury.

Contractor shall keep the commercial general liability insurance in place for 10 years following completion of the work. The commercial general liability insurance limits shall be dedicated solely to the specific Project described in the Contract Documents, and shall have limits not less than:

1.1.1 $1 million each Occurrence;

1.1.2 $1 million each Occurrence for personal injury and advertising injury;

1.1.3 $2 million aggregate for products and completed operations;

1.1.4 $2 million general aggregate limit, which shall apply separately and be reinstated annually.

Except for any exclusions relating to EIFS, lead and asbestos risks, the policy shall not contain any exclusions directed toward any types of projects, materials, or processes involved in the Work. Coverage shall include but not be limited to the following and shall not include any endorsements restricting these coverages:

1.1.5 Contractual liability to cover liability assumed under the Contract Documents;

1.1.6 Products/Completed Operations Liability Insurance;

1.1.7 Broad Form Property Damage;

1.1.8 Explosion, collapse and underground hazards, if such exposure exists;

1.1.9 Independent subcontractors;

1.1.10 Severability of interests;

1.1.11 Cross liability;

1.1.12 Limited Professional Liability - contractor means and methods - CG 2279.

Any self-insured retention shall be selected by the City pursuant to these requirements.

1.2 Business Auto Insurance covering all owned, non- owned, and hired vehicles on and off -site.

Such insurance shall provide coverage not less than the standard ISO Comprehensive Automobile Liability policy (CA 00 01, CA 00 05, CA 00 12, CA 00 20), with limits not less than $2 million each accident, and $2 million each occurrence for claims subject to the Motor Carrier Act of 1980. If the Work involves transportation of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor shall provide pollution auto coverage equivalent to that provided under the ISO pollution liability -broaden coverage for covered autos 45 MAPE MEMORIAL PARK PATHWAY RELOCATION
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endorsement (CA 99 48) shall be provided, and the Motor Carrier Act endorsement (MCS 90) shall be attached. Any statutorily required “No- Fault” benefits and uninsured/underinsured motorists’ coverage should be included.

1.3 Worker’s Compensation and Employers Liability Insurance for all persons whom the Contractor may employ carrying out Work contemplated under the Contract Documents, in accordance with the Act of Legislature of State of California, known as “Worker’s Compensation Insurance and Safety Act,” approved May 26, 1913, and all acts amendatory or supplemental thereto, in the statutory amount. Coverages and limits shall include:

1.3.1 Worker’s Compensation – statutory limit;

1.3.2 Employer’s liability;

(a) $1 million bodily injury for each accident;

(b) $1 million bodily injury by disease for each employee;

(c) $1 million bodily injury disease aggregate;

1.3.3 Voluntary Compensation;

1.3.4 If there is an exposure or injury to Contractor’s employees under the US Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or under laws, regulations or statutes applicable to maritime employees, coverage shall be included for all such injuries or claims.

1.4 Umbrella/Excess Liability Insurance on an Occurrence basis in excess of the underlying insurance identified in paragraphs 1.1, 1.2, and 1.3.2 above, and which is at least as broad as each and every one of the underlying policies. The umbrella/excess liability policy shall be written on a “drop-down-following form” basis, with only such exceptions as the City shall expressly approved in writing. The amounts of insurance required in paragraphs 1.1, 1.2, and 1.3.2 and this Section may be satisfied by Contractor purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified below for these types when added to the limit for this section. The umbrella/excess liability insurance limits shall be dedicated solely to the specific Project described in this Contract Documents, and shall have limits of not less than the following amounts:

1.4.1 $5 million any one occurrence and annually reinstating General Aggregate; and

1.4.2 $5 million any one occurrence and Aggregate Products/Completed Operations.

The umbrella/excess liability insurance shall be kept in place for 10 years following completion of the work. Any self -insured retention shall be selected by the City pursuant to these requirements.

1.5 Contractor’s equipment. Contractor will maintain All Risk Equipment Insurance covering all risk of physical damage to equipment provided for use at the Project site by the Contractor, whether owned, leased, rented, borrowed or used at the Project site. Contractor agrees to waive and does hereby waive its rights of recovery against the City and each of its officers, employees, consultants and agents including, but not limited to the City’s council members and each City representative, as to any damage or loss which may occur to its equipment to the extent covered by insurance.

Contractor will have the insurance company specifically a gree to this waiver. If uninsured, Contractor will hold harmless the City and each of its officers, employees, consultants and agents including, but not limited to the City’s Board of Trustees and each City representative, for loss or damage to its tools and equipment.
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1.6 Contractors Pollution Legal Liability Insurance covering claims for bodily injury, property damage, including mold and loss of use of damage property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any pollution conditions arising from Contractor’s operations or completed operations, performed by or on behalf of Contractor. Completed operations coverage will remain in effect for no less than 5 years after substantial completion of the work. Such coverage shall be written on an occurrence basis and shall apply to sudden and non-sudden pollution conditions and shall be placed with an insurer and in a form acceptable to the City. If any pollution liability coverages cannot be obtained on an occurrence form, after using best efforts to do so, such coverages may be provided on a claims - made basis. The pollution legal liability policy shall be dedicated s olely to the specific Project described in the Contract Documents and shall have limits not less than $5 million per occurrence and in the aggregate. Any self-insured retention shall be selected by the City pursuant to these requirements.

1.7 Builder’s Risk. The Contractor must, at the Contractor’s own expense, maintain a builder’s risk policy covering “all risks,” including special form including extended coverage and vandalism, and malicious mischief endorsements. The policy must name the City and the Contractor as insureds.

Such insurance must be carried in the amount of 10 5% of the Contract Price. In the event of a partial or total destruction of any or all of the Work at any time prior to the completion and acceptance thereof, the Contractor shall promptly reconstruct all Work so destroyed or injured at the Contractor’s own cost and expense and at no cost to the City.

1.8 If any aircraft are to be used in the performance of the work, Contractor shall provide Aircraft Liability Insurance (including owned and non- owned) with the following minimum limits: Bodily Injury – $10 million each occurrence, $2 million each person; Property Damage – $10 million each occurrence.

1.9 All policies of insurance shall be placed with insurers acceptable to the City. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for Worker’s Compensation) must have a rating of A XV or better in the most recent edition of Best’s Insurance Reports or otherwise satisfactory to the City. Required minimum amounts of insurance may be increased should conditions of Work, in the sole opinion of the City, warrant such increase.

Contractor shall increase required insurance amounts upon direction by the City.

2. Certificates of Insurance.

2.1 Contractor shall furnish the City with certificates of insurance completed by a duly authorized representative evidencing coverage required under Section 1 of these requirements. Such certificates shall be delivered to the City before any Work hereunder is commenced by Contractor and annually thereafter on or before the policy effective dates of Contractor’s general liability insurance policy, and shall provide that no coverage under the policy shall be terminated, canceled or materially modified unless and until at least thirty (30) calendar days prior written notice has been given to the City. Contractor shall inform the City in writing thirty (30) calendar days prior to terminating or materially modifying coverage required in these requirements.

2.2 Failure of the City to demand such certificate or other evidence of full compliance with these insurance requirements, or failure of the City to identify a deficiency from evidence provided will not be construed as a waiver of the Contractor’s obligation to maintain such insurance.

2.3 The City’s acceptance of delivery of any certificate of insurance evidencing the required coverages and limits does not constitute approval or agreement by the City that the insurance requirements have been met or that the insurance policy shown in the cer tificates of insurance follow the requirements.

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2.4 The City has the right, but not the obligation, of prohibiting Contractor or any subcontractor from entering the Project site until the City receives all certificates or other evidence that insurance has been placed in complete compliance with these requirements.

2.5 If any of the coverages are required to remain in force after Substantial Completion, Contractor shall submit an additional certificate evidencing continuation of such coverage with its final billing and at each subsequent renewal of Contractor’s insurance.

3. Required Endorsements. Except as provided below, the policies required under Section 1 of these requirements shall be endorsed, in a form and manner acceptable to the City, providing as follows:

3.1 Except with regard to the Worker’s Compensation and Employer’s Liability Insurance, the City, its parent, subsidiary and affiliated organizations, and its City council, employees, representatives, consultants, and agents, shall be named as additional insur eds, but only with respect to liability arising out of the activities of the named insured. Such additional insured endorsement for Commercial General Liability and excess/umbrella coverages shall be equivalent to ISO form GC 20 10 07 04, together with ISO form GC 20 37 07 04. The additional insured requirement for Commercial General Liability and excess/umbrella coverages is for the duration of this Agreement and an additional ten (10) years following Substantial Completion of the Work.

3.2 Except with regard to the Worker’s Compensation and Employer’s Liability insurance, each policy, including additional insured coverages, shall be primary and no other insurance or self -insured retention carried or held by the City shall be called upon to contribute to a loss covered by insurance for the named insured.

3.3 The insurance carriers waive their rights of subrogation against the City and all additional insureds, as well as other insurance carriers for the Work.

3.4 Declarations pages required. Contractor or its insurance broker shall submit a copy of the declarations page for each policy. The page shall include the name of the carrier, policy number, the types of coverages and limits, the effective dates of the policy, and the broker’s name and license number.

4. Certificates of Insurance and Endorsements shall have clearly typed thereon the City’s name and title of the Contract Documents. Written notice of cancellation, non- renewal, or reduction in coverage of any policy shall be mailed to the City Manager at 100 Civic Plaza, Dublin, CA, 94568, 30 calendar days in advance of the effective date of the cancellation, non- renewal, or reduction in coverage. Contractor shall maintain insurance in full force and effect during entire period of performance of this Agreement, and such additional periods as required in these requirements. At the time of making an application for extension of the Time for Completion, and during all periods exceeding the Time for Completion resulting from any cause, Contractor shall submit evidence that insurance policies will be in effect during the requeste d additional period of time. Upon the City’s request, Contractor shall submit to the City, within 10 days, copies of the actual insurance policies or renewals or replacements.

5. Insurance Primary. All limits and coverage is required of the Contractor in these requirements shall be primary over any insurance or self-insurance program carried by the City and the additional insureds.

6. Joint ventures. If the Contractor is a joint venture involving two or more entities, each independent entity will satisfy the limits and coverage is specified in these requirements or the joint venture will be named insured under each policy specified.

7. Waiver of Right to Recovery Including Subrogation . Contractor hereby waives all its rights of recovery and shall require all insurance policies in any way related to the Work secured and maintained by the Contractor to include clauses stating each insurer will waive all rights of recovery, 48 MAPE MEMORIAL PARK PATHWAY RELOCATION
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under subrogation or otherwise, against the City and all tiers of contractors or consultants engaged directly by the City. Contractor will require all tiers of subcontractors, vendors and suppliers, by appropriate written agreements, to provide similar waivers each in favor of all parties enumerated in this paragraph.

8. Cooperation. Contractor shall fully cooperate, participate, and comply with all reasonable requirements and recommendations of the insurers and insurance brokers issuing or arranging for issuance of the required policies, in all areas of safety, insurance program administration, claim reporting and investigating, and audit procedures.

9. If injury occurs to any employee of Contractor, subcontractor, or sub- subcontractor for which the employee, or the employee’s dependents in the event of the employee’s death, is entitled to compensation from the City under provisions of the Worker’s Compensation Insurance and Safety Act, as amended, or for which compensation of any kind is claimed from the City, the City may retain out of sums due Contractor under the Contract Documents, an amount sufficient to cover such compensation, as fixed by the Act, as amended, until such compensation is paid, or until it is determined that no compensation is due. If the City is compelled to pay compensation, the City may, in its discretion, either deduct and retain from the Contract Price the amount so paid or require Contractor to reimburse the City.

10. Nothing in these requirements shall be construed as limiting in any way the extent to which Contractor or any subcontractor may be held responsible for payment damages resulting from their operations. Contractor’s obligations to procure insurance are separate and independent of and shall not limit Contractor’s contractual indemnity and defense obligations. The City does not represent that coverages and limits required in this contract will necessarily be adequate to protect the Contractor.

11. Except for Worker’s Compensation coverages, Contractor shall by appropriate written agreements flow-down the additional insured coverage, certificate, endorsement, waiver of subrogation, and all other requirements of these requirements to all tiers of subcontractors for all insurance required of such subcontractors by Contractor for the work.

12. Contractor shall pay all insurance premiums including any charges for required waivers of subrogation or the endorsement of additional insureds. If Contractor fails to maintain insurance, the City may take out comparable insurance, and deduct and retain amount of premium from any sums due Contractor under the Contract Documents. If the aggregate limits on any Contractor’s insurance policy are no longer available, Contractor must notify the City and immediately, at Contractor’s expense, purchase replacement coverage to meet the insurance requirements as specified in these requirements. Alternatively, the Contractor’s failure to maintain the required insurance shall be grounds for a termination for default in accordance with the Contract Documents.

END OF INSURANCE REQUIREMENTS

END OF SECTION

49 General Improvements Five-Year Capital Improvement Program 2024-2029 32 Number – GI0221 RESILIENCY AND DISASTER PREPAREDNESS
IMPROVEMENTS Program – GENERAL IMPROVEMENTS

PROJECT DESCRIPTION
Beginning in the end of December 2022 through the first few weeks of 2023, Dublin and most of California experienced damage due to a series of rain fall events that were declared a major disaster in Alameda County by the President on January 17, 2023. The City experienced damage at various sites, including street rights-of-way, parks and open space, and facilities and buildings. This project will be utilized to provide for the planning, design, environmental permitting, if necessary, and construction to make the repairs at various sites impacted. The following locations and types of repairs have been identified:
 Dougherty Hills Open Space, Crossridge Road Trailhead – slide repair  Dublin Boulevard, west of Silvergate Road – slide repair  Mape Memorial Park – Pathway Realignment
 Shannon Community Center/San Ramon Road – ditch and culvert improvements  Various citywide storm drainage facilities repairs, such as trash racks, culverts, ditches, bank stabilization, etc.

The City will apply for grants for this project through the Federal Emergency Management Agency (FEMA) and California Office of Emergency Services (CalOES).

PROJECT TIMELINE: The clean-up effort has been on-going since the storm events and the planning for the permanent repair began in Fiscal Year 2023-24.

The project is currently in the preliminary engineering and design phase. Construction is anticipated to begin in 2025, dependent on approvals from FEMA and CalOES.

ANNUAL OPERATING IMPACT: None.
2024-2029 CAPITAL IMPROVEMENT PROGRAM

ESTIMATED COSTS
PRIOR
YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 FUTURE

YEARS TOTALS
9100 – Salaries & Benefits $54,189 $75,000 $129,189
9200 – Contract Services $223,000 $277,000 $300,000 $800,000 9400 – Improvements $825,000 $1,000,000 $1,825,000
TOTAL $1,102,189 $277,000 $1,375,000 $2,754,189

FUNDING SOURCE
PRIOR
YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 FUTURE

YEARS TOTALS
1001 – General Fund $1,102,189 $277,000 $1,375,000 $2,754,189 TOTAL $1,102,189 $277,000 $1,375,000 $2,754,189
Attachment 3
50 Mape Memorial Park Pathway Relocation Project
GI0221
Bid Date:

BID # 1: BASE CONTRACT WORK
Cervantes
Landscaping
Services
Frontline General
Engineering Kerex Engineering Raposo
Engineering Galeb Paving Inc.

ITEM DESCRIPTION Qty. UNIT Unit Cost Unit Cost Unit Cost Unit Cost Unit Cost 1 1 LS $147,777.00 $152,118.00 $195,000.00 $198,450.00 $227,000.00 Total $147,777.00 $152,118.00 $195,000.00 $198,450.00 $227,000.00

APPARENT LOW
BIDDER
Cervantes
Landscaping
Services
Frontline General
Engineering Kerex Engineering Raposo
Engineering Galeb Paving Inc.

Lonestar
Landscape
Frank and
Grossman
Golden Bay Fence Golden Bay Fence Golden Bay Fence
Meridian Survey
Tully Consulting
Group
R&R Maher
List of Sub-Contractors
Survey
Fencework
Description
Landscaping
Project Work

CITY OF DUBLIN

ENGINEERING DIVISION

BID SUMMARY
April 8, 2025
Project Name:

Project No. :

PUBLIC WORKS DEPARTMENT
Concrete
Stormwater Control

Attachment 4
51 STAFF REPORT

CITY COUNCIL

Agenda Item 5.4
DATE: May 6, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Frontline Worker Appreciation Month Proclamation Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

The City Council will approve the Frontline Worker Appreciation Month Proclamation.

STAFF RECOMMENDATION:

Approve the proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

From teachers shaping the future, to healthcare workers saving lives, to firefighters, police officers, and medical personnel rushing into emergencies— frontline workers keep our communities safe, healthy, and thriving. Frontline Worker Appreciation Month is celebrated in May to honor and show appreciation for frontline workers in Dublin and in the greater community.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Frontline Worker Appreciation Month Proclamation
52 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Frontline Worker Appreciation Month”
WHEREAS, frontline workers are the builders of our community, exercising curiosity, compassion, courage, and creativity to provide essential services that ensure the safety, health, and education of our residents; and WHEREAS, over 9 million healthcare workers across the United States serve in hospitals, clinics, and long-term care facilities, often placing themselves at risk to provide lifesaving care; and
WHEREAS, firefighters respond to an estimated 36 million emergency calls each year, over 800,000 sworn law enforcement officers nationwide work tirelessly to uphold the law and ensure public safety, and emergency medical services (EMS) personnel respond to more than 240 million calls annually; and
WHEREAS, teachers dedicate their careers to shaping the future of our communities, with over 3.7 million educators in the U.S. providing knowledge and guidance to our youth; and
WHEREAS, frontline workers embody the essence of flexible thinking and constructive problem solving, respecting the dignity of all people by dedicating themselves to overcoming challenges and uniting communities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May 2025, as “Frontline Worker Appreciation Month” in the City of Dublin and encourages all residents to join in recognizing and honoring the heroic contributions of our healthcare workers, firefighters, law enforcement officers, EMS personnel, and teachers.

DATED: May 6, 2025

Mayor Sherry Hu Vice Mayor Kashef Qaadri
_______
Councilmember Jean Josey Councilmember Michael McCorriston Councilmember John Morada 53 STAFF REPORT

CITY COUNCIL

Agenda Item 5.5
DATE: May 6, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223 and GI0423 - Approval of an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services in a Progressive Design-Build Delivery Method
Prepared by: Michael Boitnott, CIP Manager

EXECUTIVE SUMMARY:

The City Council will consider approving an agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services in a Progressive Design-Build delivery method for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223 and GI0423. The project includes the design phase of future improvements to and preventative maintenance of the exterior building envelopes of the following City of Dublin facilities: Civic Center, Library, Clock Tower, Kolb House Museum, Sunday School Barn, Murray Schoolhouse Museum, Old St.

Raymond’s Church, Senior Center, The Wave, Fire Stations 16, 17, and 18.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223, and GI0423.

FINANCIAL IMPACT:

The agreement is for a not-to-exceed amount of $731,320 for progressive design-build preliminary design and collaboration services. Sufficient funds are available in the approved budgets for CIP Nos. GI0122, GI0125, GI0223, and GI0423.

DESCRIPTION:

The 2024-2029 Capital Improvement Program (CIP) includes the following projects: Civic Center Rehabilitation CIP No. GI0122, Civic Center Exterior Glazing, Sealing & Painting CIP No. GI0125, 54

Exterior Painting at Various City Facilities CIP No. GI0223, and Roof Replacement at Various City Facilities CIP No. GI0423 (Attachment 3). The scopes of work of these CIP projects are similar in nature and Staff recommends the separate projects be combined into a newly created Exterior Improvements Project and that the progressive design-build project delivery method be utilized to complete the project.

Public Works Project Delivery Methods
There are several construction project delivery methods, but California law limits cities to three project delivery methods for public works construction projects. The three methods are Design- Bid-Build (DBB), Design-Build (DB), and Progressive Design-Build (PDB). Each project delivery method has benefits and limitations depending upon several factors, including but not limited to, budget, construction type, schedule, and complexity. A brief description of each delivery method is provided below.

Design-Bid-Build (DBB)
The DBB project delivery method is the long standing, traditional method for construction projects by public agencies, including the City of Dublin. In DBB, a design team prepares a complete (100%) set of construction documents for the agency. The agency then solicits bids from contractors based on the completed documents and awards the construction contract to the responsible bidder that offers the lowest price. During construction, the agency administers the project including any coordination between the contractor and the design team, such as contractor requests for information. In this model, the agency is responsible for the project design and the contractor may seek additional time and/or money for defects in the design documents.

DBB is the most popular delivery method for public projects in the United States, including City of Dublin construction projects. However, alternative delivery methods have become available to public agencies in California, offering more flexibility in some cases.

Design-Build (DB)
In the DB project delivery method, the agency contracts with a single entity for both the final design and construction. The DB contract is based upon the agency’s program that outlines the project requirements. The program is often defined through a preliminary or concept design and associated documents that identify the agency’s needs, such as size, uses, performance needs, and appearance.

DB contracts are typically solicited first through a prequalification process to identify a limited number of DB contractors, which often include a contractor and an architect or engineer. Then, DB contractors that are deemed qualified are invited to submit a proposal. The agency reviews the proposals and selects the DB team based on the request for proposals criteria, which can be lowest bid or best value. The selected DB contractor is responsible for the final design and construction documents and the DB contractor cannot seek additional time and/or money for defects in its own design documents.

The DB project delivery method is available to California cities through State law, Public Contract 55

Code Division 2, Part 3, Chapter 4. The enabling legislation requires that a city’s public works project be valued at a minimum of $1,000,000 to use the DB project delivery method.

Benefits of DB for cities include: the option of selecting the DB contractor based on best value versus lowest bid; potential reduced design effort and costs; innovative design and construction solutions brought by the DB contractor; improved communication between the designer and contractor; and reduced risk associated with design deficiencies. Disadvantages of DB for cities include: reduced control of the design and construction phases; limited opportunities for competitive bidding; and the need for a qualified owner representative to confirm the final design and construction meet the program and contract requirements because the designer is working for the contractor instead of for the city. The City of Dublin utilized DB project delivery for the City Hall HVAC and Roof Replacement project, CIP No. GI0119, in July 2020.

Progressive Design-Build (PDB)
Progressive Design-Build is the newest project delivery method available to California cities for public works projects. The implemented legislation is codified in Public Contract Code, Division 2, Part 3, Chapter 4.7, and became effective for cities on January 1, 2023. To utilize the PDB method, a city public works project must exceed $5,000,000, and cities are limited to using PDB for up to 10 projects. As PDB utilization increases, it is anticipated that these limits will be changed by the State legislature.

The PDB delivery method is a two-step variation of the DB method. The differences between PDB and DB are that PDB enables cities to engage the design-builder earlier, allowing collaborative project development before commitment to the final costs. It also allows for inclusion of contract clauses, sometimes referred to as off-ramps, which allow the city or design-builder to terminate the project before construction if the parties cannot reach agreement on final terms. Such off- ramps provide flexibility and reduce risk for the city by providing an alternative way to move forward with the project using another procurement method, if necessary, versus being bound by a construction contract. For the Exterior Improvements Project, the PDB steps are as follows:

Step 1 – Preliminary Design and Collaboration: The City selects a Design-Builder based on qualifications and overall approach. The City and Design-Builder work closely to develop the project’s scope, design, budget, and risk profile. At the end of this phase, the City and Design- Builder negotiate a Guaranteed Maximum Price (GMP) for design and construction.

Off-Ramp: If the City is unable to negotiate an acceptable GMP with the Design-Builder, the City can choose to use the design documents and proceed with an alternative procurement method, such as competitive public bidding. This off-ramp would also allow the City to reconsider proceeding with the next PDB step based on factors such as available budget or new City priorities.

Step 2 – Final Design and Construction: Upon approval of the GMP, the Design-Builder proceeds with final design, permitting, and construction. The same integrated team remains involved throughout the life of the project.
56

The PDB process offers several advantages for public infrastructure projects such as:

• Enhanced Collaboration: Early involvement of design and construction teams improves communication and problem-solving.
• Design Flexibility: Design decisions can be refined as the project evolves, with real-time feedback from the agency.
• Cost Control: The GMP is established after the scope is better defined, reducing risk of cost overruns.
• Faster Delivery: Design and construction phases can overlap, expediting project completion.
• Transparency and Risk Mitigation: The agency gains insight into cost development and can address potential issues early.

There are disadvantages of the PDB process too, such as:

• Uncertainty in Final Costs: The GMP is not known at the beginning of the collaboration with the design-build contractor.
• Limited Owner Control and Flexibility: The agency may have less direct control over the design process, especially with the firms working under the design-builder. The agency’s ability to make changes or adjustments later in the process can also be limited. • Hesitancy in Off-Ramping: The agency might hesitate to “off-ramp” the project team, even if there are issues with the project’s performance.
• Extensive Collaboration and Communication: PDB requires a high level of communication, collaboration, and decision making by the agency.

Exterior Improvements Project
The preliminary design and collaboration step for the Exterior Improvements Project provides for the design service and preconstruction services to obtain a GMP for the final design and construction of the improvements. The table below summarizes the types of improvements that are included in the Project.

Location Roofing
Painting/
Sealing Gutters
Exterior
Repairs Other
Civic Center X X Glazing
Library X X X
Clock Tower Cladding Replacement
Kolb House X X X
Sunday School Barn X
Murray Schoolhouse X X
St. Raymond’s Church X X X
57

Senior Center X X
The Wave X Repair Cracked Cement Siding
Fire Stations 16 X X
Fire Stations 17 X
Fire Stations 18 X

On March 12, 2025, a Request for Qualifications from Design-Build Entities (Attachment 4) was released. Three qualification packages were received on April 7, 2025. Staff reviewed the qualifications packages and ranked the Design-Build Entities as follows:

1. Plant Construction Company, L.P. and Architectural Resources Group

2. Gilbane Building Company and Dahlin Group

3. W.E. Lyons Construction Co. and Allanna Buick & Bers, Inc.

The most qualified and best overall approach was provided by Plant Construction Company, L.P. with a not-to-exceed cost for the preliminary design and collaboration services of $731,320 (Attachment 2). If the City Council approves the agreement for design and preconstruction phase services, Staff and the Plant Construction team will start the preliminary design and collaboration work. Staff anticipates bringing a final design and construction contract, including a GMP, back to the City Council this summer.

STRATEGIC PLAN INITIATIVE:

Strategy 5. Long-Term Infrastructure and Sustainability Investments.

Objective 5A. Continue to explore funding mechanisms for capital and ongoing maintenance needs.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of this report was provided to Plant Construction Company, L.P.

ATTACHMENTS:

1) Resolution Approving an Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223, and GI0423
2) Exhibit A to the Resolution – Agreement with Plant Construction Company, L.P. for Design and Preconstruction Phase Services
3) CIP Nos. GI0122, GI0125, GI0223, and GI0423
4) Request for Qualifications from Design-Build Entities

58 Attachment 1
Reso. No. XX-25, Item X.X, Adopted 5/6/2025 Page 1 of 2 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH PLANT CONSTRUCTION COMPANY, L.P. FOR

DESIGN AND PRECONSTRUCTION PHASE SERVICES FOR THE EXTERIOR IMPROVEMENTS PROJECT, CIP NOS. GI0122, GI0125, GI0223, AND GI0423 WHEREAS, on March 12, 2025, the City of Dublin issued a Request for Qualifications (RFQ) from design-build entities for the Exterior Improvements Project, CIP Nos. GI0122, GI0125, GI0223, and GI0423. The project provides for exterior improvements and preventative maintenance located at the following city facilities: Civic Center, Library, Clock Tower, Kolb House Museum, Sunday School Barn, Murray Schoolhouse Museum, Old St. Raymond’s Church, Senior Center, The Wave, Fire Stations 16, 17, and 18; and
WHEREAS, on April 7, 2025, the City of Dublin received three responses to the RFQ; and WHEREAS, the City of Dublin reviewed and evaluated the qualifications submitted in accordance with the RFQ rating criteria; and
WHEREAS, the City of Dublin desires to enter into an agreement with Plant Construction Company, L.P. for a not-to-exceed amount of $731,320 for design and preconstruction phase services of the Exterior Improvements Project under the progressive design-build project delivery method.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Plant Construction Company, L.P., attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the follow page}
59 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of May 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
60 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 1

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
PLANT CONSTRUCTION COMPANY, L.P.

FOR

DESIGN AND PRECONSTRUCTION PHASE SERVICES FOR THE EXTERIOR

IMPROVEMENTS PROJECT UNDER THE PROGRESSIVE DESIGN-BUILD

PROJECT DELIVERY METHOD
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Plant Construction Company, L.P. (“Consultant”) (together sometimes referred to as the “Parties”) as of May 7, 2025 (the “Effective Date”).

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

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

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, 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 12 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

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

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

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the Attachment 2
Exhibit A to the Resolution
61 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 2 standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.

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

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

Section 2. COMPENSATION. City hereby agrees to pay Consultant as provided in further detail in Exhibit A, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the amount of compensation between this Agreement and Consultant’s proposal, 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 62 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 3 and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual
performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of 63 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 4 time necessary to complete work under any other agreement between Consultant and City, if applicable.

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

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

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

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

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit 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. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
64 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 5

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

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

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

Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE

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

4.1 Workers’ Compensation.

4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In 65 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 6 the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

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

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

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $5,000,000 for claims made in the aggregate annually for all personal injury and property damage, to include liability assumed under this Agreement, the use of any licensed motor vehicle by DBE or
subconsultants/subcontractors, and naming City of Dublin, its governing body, officers and employees as additional insureds. 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. 66 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 7 Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

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

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

4.3 Professional Liability Insurance.
67 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 8

4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $25,000, for all damages or losses because of errors, omissions, or malpractice arising out of the provision of professional services by DBE and DBE’s
subconsultants/subcontractors under this Agreement.

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

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

4.4 All Policies Requirements.

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

4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to 68 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 9 the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

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

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

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

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

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
69 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 10  Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
 Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

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

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

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

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

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected 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 Consultant’s performance of the services called for 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.
70 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 11 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 Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant 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 Consultant 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 Consultant accepts or rejects the tender of defense, whichever occurs first.

Section 6. STATUS OF CONSULTANT.

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

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no 71 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 12 authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

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

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

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

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

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant 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.
72 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 13 Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.

Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
73 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 14

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 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. 74 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 15

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.

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 75 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 16 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:

Plant Construction Company, L.P.

Att: Phillip Aguilar, Vice President / Construction Manager 300 Newhall Street
San Francisco, CA 94124
Any written notice to City shall be sent to:
76 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 17 City of Dublin
Att: Michael Boitnott
100 Civic Plaza
Dublin, CA 94568

10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, and the Special Conditions to this Agreement attached hereto and incorporated herein as Exhibit B 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
Exhibit B Special Conditions to the Services Consulting Agreement

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.

10.14 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.
77 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 18 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 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 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 78 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 19 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 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 79 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 20 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 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 80 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 21 the person affected and during the continuance of such
employment.

SIGNATURES ON FOLLOWING PAGE
81 May 7, 2025 Agreement Between City of Dublin and Plant Construction Company, L.P. Page 22 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 PLANT CONSTRUCTION COMPANY,
L.P.

Colleen Tribby, City Manager Chris Rivielle, President
1000575696
Attest:

Consultant’s DIR Registration Number
Marsha Moore, City Clerk
199832800016
Consultant’s Business Entity Number
Approved as to Form:

City Attorney
82 May 7, 2025 Exhibit A Page 1

EXHIBIT A

SCOPE OF SERVICES

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
The City of Dublin intends to repair, replace, and improve the exterior building envelope on several City buildings to modernize facilities and perform needed maintenance. These improvements include waterproofing, glazing, exterior painting, and roofing.

1. Civic Center Waterproofing
The Civic Center complex was constructed in the late 1980’s, and with time has experienced water intrusion and routine aging of the components of its exterior envelope, including the exterior tile wall system, and exterior window and skylight systems. In 2024, the City retained Axis Building Envelope Design to prepare design documents for this repair work for the western wing of the Civic Center complex, which are attached here as Project Criteria Documents describing the scope of work for the Civic Center Waterproofing portion of the project.

The scope of work is to perform this work for the entire Civic Center complex (it does not include the Library at the southern part of the site). The scope of work includes phasing, staging, and protecting the work, and occupants of, the Civic Center complex which will remain operational during the project.

2. Roofing
The scope of work also includes roofing replacement at several City buildings, as part of routine roof replacement and maintenance.

3. Exterior Painting
The scope of work includes exterior painting and related minor repairs at several City buildings to maintain the structures' appearance and to prevent damage caused by moisture infiltration.

4. Minor Exterior Repairs and Replacement Prior to Painting The scope of work includes repair work, most to be executed prior to exterior painting, to a number of facilities. This work includes stairways, skylights, stonework, decking, siding, windows, etc.

5. Civic Center Clock Tower
The scope of work includes demolish and discard or reuse existing exterior stone and metal cladding; inspect and repair steel superstructure, clean and paint all structural steel, repair of the existing light gauge metal framing; install new stone and metal cladding over new weather resistant barrier, sheathing, adhesive, stucco and lath; add ventilation, remove existing electrical and lighting system; install new electrical and lighting system; remove, remediate, store and reinstall existing clock faces.

A. Overview and General Requirements
83 May 7, 2025 Exhibit A Page 2

1. City intends to design and construct exterior building upgrades to City of Dublin buildings and facilities as more fully described below. Professional design skills and preconstruction services are essential for the proper and satisfactory execution of this project. For this reason, City is entering into this Agreement with Consultant.

2. As provided in Section 1.3 of the Agreement, Project Personnel, subconsultants/subcontractors retained by Consultant must be authorized in advance, in writing by City’s Department Head. Consultant shall direct tasks and activities of its authorized subconsultants/subcontractors and ensure that the tasks, activities and/or products required by this Agreement are completed in a timely manner and in accordance with the applicable standard of care for the given subconsultant/subcontractor.

Notwithstanding the authorization for work to be performed by a particular subconsultant/subcontractor, Consultant is solely responsible for the performance of all services and delivery of all products under this Agreement.

3. Work shown or specified in reports, drawings, and specifications must comply with all requirements of the City of Dublin Municipal Code, applicable State and Federal codes and regulations, and the local fire district and utility companies or districts having jurisdiction over the project or area in which the project is located.

Project Description
Civic Center Exterior Envelope:

1. Storefront/glazing:
a. Remove and replace original storefront and sloped glazing in kind, size and location. Install liquid-applied flashing at rough openings and galvanized sheet metal (GSM) flashing in full sealant embed. Install backer rod and Sealant at rough opening perimeter b. At existing storefront to remain, remove and replace sealants at storefront rough opening perimeter. Install Backer rod and sealant following liquid-applied at rough openings. c. Alternatively, remove and replace all storefront units in kind, size and location. Install liquid-applied flashing at rough openings and GSM flashing. Install backer rod and sealant at rough opening perimeter.
d. Work at new storefront work installed as part of the current Cultural Arts Center project is excluded.

2. Remove and replace backer rod and sealant at vertical control joints at concrete masonry unit (CMU) wall and stone veneer. Remove and replace backer rod and sealant at base of exterior wall and horizontal sealant between CMU and stone veneer. Install silicone coating over CMU.

3. At second floor exterior building walls and inside face of parapet, remove and replace sealant joints. Route and seal open cracks up to 1/8" wide. Install silicone coating over plaster. 84 May 7, 2025 Exhibit A Page 3

4. At existing metal panels, remove and replace sealant joints at walls, cladding transitions and parapet caps. Install Silicone coating over metal panel parapet coping.

5. At stone parapet caps remove and replace 100% joint backer rod and sealant.

6. Remove and replace deteriorated mortar joints at stone and CMU walls and stone parapet caps. Inspect joints in field and replace deteriorated joints as required. Tuckpoint with in-kind mortar grade, strength, texture and color.

7. Prepare and clean all exterior surfaces and install silicone coating at stone veneer, CMU and plaster surfaces. Install silicone coating over all parapet caps. Provide final construction- grade cleaning following approved punchlist.

8. All penetrations to have sealant removed, annular space cleaned, and detail coated with silicone coating. Install backer rod and sealant.

Roofing:

1. Heritage Museum & Storage Building: architectural asphalt shingle & gutter replacement

2. Old St. Raymond Church: 3-tab asphalt shingle

3. Kolb House: add period correct gutters and downspouts (likely wood) and SD to collect downspout runoff.

4. Sunday School Barn: add period correct gutters and downspouts (likely wood) and SD to collect downspout runoff

5. Senior Center: TPO at all roofs except standing seam. Standing seam roof should be evaluated and determine if repairs are warranted (note flat roof has solar panels).

6. Fire Station 16: TPO flat roof (note flat roof has solar panels). Standing seam roof should be evaluated and determine if repairs are warranted.

6. Library: Water testing and remediation leaks at the following:
1) Standing seam roofing
2) Gutters
3) PV solar attachments
Minor Exterior Repairs and Replacement Prior to Painting

1. Kolb House *
• Repointing the brick chimney
• Repairs/restore to historic window
• Repairs to horizontal wood siding
• Repairs to wood decking

2. Old St. Raymond’s Church *
• Replace wooden ramp walking surface
• Repairs to wood decking/stairs

3. Museum/Schoolhouse *
• Replace wooden ramp walking surface
• Repairs to wood decking/stairs
85 May 7, 2025 Exhibit A Page 4
• Door and window repair/restore
• Repairs to horizontal wood siding

4. Civic Center City Hall
• Replacement of five skylights

5. Wave
• Replacement of cracked fiber cement horizontal siding

7. Library
• Stone wainscoting recaulking and sealing
* Work on historic buildings will need to comply with The Secretary of the Interior's Standards for the Treatment of Historic Properties.

Painting:

This project will include exterior painting and repair work at the following locations:

1. Heritage Museum

2. Old St. Raymond's Church

3. Kolb House

4. Senior Center

5. Fire Stations 16, 17, and 18

6. The Wave Waterpark and Aquatic Center

7. Dublin Public Library
86 May 7, 2025 Exhibit A Page 5
Supplemental Scope of Work
87 May 7, 2025 Exhibit A Page 6
88 May 7, 2025 Exhibit A Page 7
89 May 7, 2025 Exhibit A Page 8
90 May 7, 2025 Exhibit A Page 9
91 May 7, 2025 Exhibit A Page 10
92 May 7, 2025 Exhibit A Page 11

93 May 7, 2025 Exhibit A Page 12
For this Project, the City will utilize a Progressive Design-Build procurement method wherein a single entity will provide both the design and construction of the Project pursuant to Public Contract Code section 22172.

B. Time
Consultant understands and agrees that time is of the essence in this agreement and that the services shall start immediately upon full execution of this Agreement. Consultant shall perform the services expeditiously and with the adequate forces and shall complete the services within the time specified in Sections 3 and 13 of this Agreement.

C. Scope of Services
The Scope of Services for this Agreement only includes services during the Preconstruction Phase. The Preconstruction Phase is defined as the period following the award and execution of this Agreement to a Consultant for a progressive design-build project in which the Consultant completes the necessary design activities and any preconstruction activities to produce a Guaranteed Maximum Price (GMP).

Services include, but are not limited to, providing design services, preconstruction services, project management services, labor, hazardous materials assessment as required, limited destructive field investigations if needed, coordination, materials, tools, and equipment as necessary to produce a GMP.

DEFINITIONS
The following terms are used throughout Exhibit A and are defined as follows:

Agreement: The written and executed document known as the Agreement by and between Consultant and City, together with those Contract Documents identified therein and any Change Orders or Amendments thereto made in writing, signed by the parties, and approved as required. The terms Agreement and Contract are used interchangeably throughout this document.

Contract Documents: The Contract Documents form the Contract for the Project and consist of the Agreement, together with those documents set forth in the Agreement and any Change Orders or Amendments thereto made in writing, signed by the parties, and approved as required.

Design-Build: A project delivery process in which both the design and construction of a project are procured from a single entity.

Design-Build Budget: The budget amount established by the City that represents the total cost for the Project, including the cost to perform all activities necessary to complete the Preconstruction Phase and the Final Design and Construction Phase. 94 May 7, 2025 Exhibit A Page 13
Design-Build Entity (DBE): A partnership, Limited Liability Company, joint venture, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a Design-Build Contract.

Final Design and Construction Phase: The remaining design and preconstruction activities necessary after the
Preconstruction Phase, and all construction activities necessary to complete construction and closeout of a Progressive Design-Build Project.

Guaranteed Maximum Price (GMP): The maximum payment amount agreed upon by the City and the DBE for the DBE to finish all remaining design, preconstruction, and construction activities to complete and close out the Project.

Preconstruction Phase: The period following the award of a contract to a DBE for a progressive design-build project in which the DBE completes necessary design activities and any preconstruction activities to produce a GMP.

Progressive Design-Build: A project delivery process in which both the design and construction of a project are
procured from a single entity that is selected through a qualification-based selection at the earliest feasible stage of the project.

Project Criteria: The information that describes the scope of a proposed design-build Project and includes, but is not limited to: the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and, any other information deemed necessary to sufficiently describe the City’s needs. Project Criteria may include concept drawings, including schematic drawings or architectural renderings, that are prepared in the detail necessary to sufficiently describe the City’s needs.

PRECONSTRUCTION PHASE
A. GENERAL

1. The Scope of Services includes, but is not limited to, providing design services, preconstruction services, project management services, labor, hazardous materials assessment as required, limited destructive field investigations if needed, coordination, materials, tools, and equipment as necessary to produce a GMP and to complete the Preconstruction Phase of the Project.

2. Consultant shall perform all services identified herein, together with any related services necessary to achieve the standard of care and workmanship required by the terms of the Agreement.

3. Consultant shall certify that all Design Submissions, construction documents, or other related project documents are coordinated with all contributing subcontractors and consultants, whether they are contracted directly with the Consultant or not and must ensure quality assurance.
95 May 7, 2025 Exhibit A Page 14

4. Necessary accommodations must be made to ensure the facility’s operations and activities are minimally impacted during the design and Preconstruction Phase activities.

B. BASIC SERVICES
Consultant agrees to provide all services required by and in accordance with the Scope of Services, and such related and incidental services which are necessary to meet its obligations.

Such services include those professional services of an architectural, engineering, or land surveying nature, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. Such services shall be performed in phases, with each succeeding phase begun only upon authorization to proceed given by City.

Consultant shall:

1. Consult, as necessary, or as directed by City, with representatives of City relative to the development of Guaranteed Maximum Price (GMP), design and construction of the Project.

2. Consultant shall fully cooperate and coordinate with other consultants to facilitate performing their respective agreements and shall not commit any act that will interfere with the performance of the work of any other consultant or City employee. City may undertake or award other agreements for the design, coordination or construction management of other work related to the Project.

3. Field check existing conditions as required to complete the work of this Agreement. All field checks of existing conditions shall be documented by means of a report. The report must identify the existing conditions found and list recommendations or plans of action.

4. Contract for, at Consultant's expense, Subconsultants/Subcontractors to the extent deemed necessary for design of the Project including mechanical, electrical, structural, and civil engineers (licensed as such by the state of California), industrial designers, and all other Subconsultants/Subcontractors necessary for development of the Project.

The names of said Subconsultants/Subcontractors shall be submitted to City for approval prior to commencement of work. Personnel provided shall be consistent with personnel identified in Consultant’s Statement of Qualifications dated April 7, 2025. City reserves the right to reject the use of any Subconsultant/Subcontractor.

5. Be responsible for the professional quality, technical accuracy and the coordination of all analyses, reports, studies, surveys, plans, designs, drawings, specifications, and other deliverables and services provided by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or omissions, and incorporate responses to City review comments in provided deliverables until the deliverables are accepted by City.

Documents shall be prepared in full compliance with all applicable building codes, ordinances, and other requirements of regulatory authorities. The documents produced shall, at a minimum, comply with all applicable California State Building Codes, to 96 May 7, 2025 Exhibit A Page 15
include, but not be limited to, Title 8 (Industrial Relations), Title 15 (Crime Prevention and Corrections), Title 17 (Public Health), and Title 24 (Building Standards).

6. Prepare all documents for licenses or permits for facilities under Consultant’s design that may be required to comply with Federal or State regulatory agencies' laws, codes and regulations, and City ordinances. City will be responsible for payment of all applicable licensing or permit fees during the Preconstruction Phase.

7. Use design drawings, specifications or calculations provided by City, when requested by City to do so. Unless otherwise directed in writing, Consultant shall review for correctness and completeness such designs and any other design data, drawings, specifications, and calculations provided by City. Consultant shall correct any errors or omissions as approved by City and shall be responsible therefore to the same extent as if such materials had been provided by Consultant under this Agreement. Consultant may be provided with applicable change orders, proposed change orders, clarifications, and data from previous projects. Consultant shall incorporate all pertinent material as approved by City into the new drawings and specifications. If Consultant has provided design services to City on previous projects and has designs similar to components of this Project, which are in Consultant's charge, upon approval of City, Consultant shall modify and reuse those existing designs as much as possible.

8. Provide sufficient design and engineering data to City in the time specified to enable design compatibility with other consultants, which may be employed on this Project.

9. Consultant, unless otherwise mutually agreed, shall be the main point of contact for permitting through the applicable approving agencies and authorities having jurisdiction.

C. PROJECT SCHEDULE

1. Consultant will provide a Baseline Project Schedule, representing all tasks necessary to complete the Project within the Project durations as outlined in the Request for Qualifications from Design-Build Entities for a Progressive Design-Build for the City of Dublin Exterior Improvements Project dated April 7, 2025 (Part III. B Preliminary Project Schedule). The schedule shall include tasks for the Preconstruction Phase and the Final Design and Construction Phase.
a. The schedule shall utilize the Critical Path Method. b. The Baseline Project Schedule must include a summary of milestone tasks by all parties, regulatory and City approvals, reasonable durations for document review, risk, affecting the Project, phases of construction, significant milestones, and consultant/contractor selection.

2. Consultant and City agree to establish and define specific milestones and phases for review and approval throughout the design process to ensure a continuous flow of work in alignment with the progressive design build process.

3. Consultant shall report proactively on potential schedule impacts and recommend potential solutions to schedule problems.
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4. The Schedule shall be updated and submitted to the City, no less than monthly.

5. Each schedule shall be submitted in the format and method approved by the City.

6. The Consultant shall utilize Primavera Project Planner for Windows software (P6) by Primavera Systems, Inc., unless the City’s Representative approves otherwise.

Consultant shall provide request and description of any alternative scheduling program to City for approval.

7. The Consultant shall review the Project Schedule with the City’s Representative regularly and notify the City of potential schedule risks in a Risk Matrix developed by Consultant and approved by City.

8. Consultant shall actively evaluate the schedule and identify schedule efficiencies. When schedule efficiencies are identified, Consultant shall recommend modifications to the schedule that would expedite Project completion including Preconstruction Phase.

9. Consultant shall use this schedule to plan and conduct the work and shall submit an update with each submittal of a fee invoice.

D. COST CONTROL MANAGEMENT

1. As an initial task, the Consultant, shall review the Design-Build Budget and determine if it is sufficient to plan, design and construct the Project. The Consultant shall submit the initial budget review within 14 days of the NTP.
a. The Consultant shall prepare a cost estimate and evaluate the estimate against the Design-Build Budget and recommend, if necessary, the appropriate action to avoid potential cost overruns.

2. The Consultant shall monitor the budget as compared to the Project scope throughout the Preconstruction Phase.

3. Consultant shall recommend potential Project savings to the City. a. Recommendations for proposed savings shall be accompanied by a firm quote and shall include any applicable additional services required due to the changes, and any required changes to the schedule.
b. Cost proposals for Project savings shall be as proposed by the Consultant and approved by the City. Acceptance of a suggested savings will be determined at the sole discretion of the City.

4. The Consultant shall establish target cost values for the components of the Project in accordance with Association of the Advancement of Cost Engineering (AACE). Tracking of those values shall be reported in a format approved by the City. a. If changes are suggested to the Project scope that may cause Project cost overruns, Consultant shall notify the City in writing as part of the regular project meetings.
98 May 7, 2025 Exhibit A Page 17

5. Consultant shall make estimating information regularly available to the City so that the City can consider cost wherever possible throughout the planning, development, and design of the Project.
a. Cost Estimates will be required during preconstruction with detail consistent with that level of development defined by the AACE Cost Estimate Classification System. (Class 1 detailed unit cost with detailed take off) b. The Consultant shall submit cost estimates no less than every four weeks.

6. If the Consultant identifies potential cost overruns, Consultant shall notify the City as part of regular development and coordination meetings.

E. MEETINGS AND CONFERENCES

1. The meetings and conferences listed should be considered as minimum recommendations and convey the City’s interest in their content and purpose. The Consultant should expand and modify as appropriate.

2. During the Preconstruction Phase, the Consultant shall provide an outline for meetings and conferences, processes and procedures, and how they will be incorporated and utilized in the Project.

3. Project Kickoff Conference: The objective of this meeting is to introduce the Project team members, confirm understandings, roles, responsibilities, schedules, emergency contacts, partnering, neighborhood awareness and outreach, and to review the procedural requirements of the Project as established by the contract requirements and the PMP. The Consultant will conduct the Project Kickoff Conference within 14 calendar days after the Notice to Proceed. It will be attended by the Consultant, the City’s Project team, including the Construction Project Manager, and others as appropriate. The Consultant will, with input from the Construction Project Manager, prepare the agenda.

The Consultant will prepare and distribute the meeting minutes no later than three business days after the meeting is held. The City shall be a participant in all meetings.

4. Design Meetings: The objective of these meetings is to proactively facilitate the Consultant’s liaison with the City’s Project team and subconsultants for the purposes of design discussion during schematic design, design development, completion of design development and construction documents, and to establish a mutually acceptable review procedure. These meetings shall also serve to review and affirm modifications to existing building systems and identify design clarifications prior to development of the construction documents. These meetings are to be held at a mutually agreed upon location. Consultant shall meet at least weekly with City, City representatives, and consultants and provide such information as necessary to inform City of the Project design status and obtain City input and approval regarding design issues. Attendees shall include appropriate members of the Consultant, City, and others, as appropriate.

Consultant will prepare and distribute the agenda and minutes. Meetings will include an overview of the Consultant’s look ahead schedule. Meeting minutes to be distributed no later than three business days after such meeting is held. 99 May 7, 2025 Exhibit A Page 18

5. Weekly Progress Meetings: The objective of these meetings is to review and monitor progress, procedures, issues, schedules, and other concerns/issues of the Project.

Attendees shall include appropriate members of the Consultant, City, and others, as appropriate. City’s Construction Project Manager will prepare and distribute the agenda and minutes. Meetings will include an overview of the Consultant’s look ahead schedule.

6. Payment Application Meeting: Each month the Consultant shall attend a payment meeting with the City’s Representative to agree on the percentage of the work completed during the current month to establish an amount to be requested in the Application for Payment.

7. Contractor shall attend meetings for each phase of work as required below and submit to the City meeting minutes for all Consultant lead meetings in a format acceptable to the City.

8. Consultant shall set up a preliminary meeting, as applicable, with: the City of Dublin Building Department, Alameda County Fire Department (ACFD), Dublin San Ramon Services District (DSRSD), Pacific Gas and Electric (PG&E), AT&T, and Comcast to review submittal requirements, project scope, proposed schedule, and review the permit process.
a. The Consultant shall attend pre submittal review meetings with the ACFD in the Preconstruction Phase and shall present the fire and life safety code analysis and design approaches to ACFD for preliminary review.
b. The Consultant shall schedule a kickoff meeting with PG&E in the Preconstruction Phase and shall present the power and gas design approaches to PG&E for preliminary review.

F. PERIODIC REPORTS

1. The Contractor will cooperate with the City and assist in preparing monthly/periodic Project reports required by the City, its committees, or community based organizations as determined by the City.

2. On a monthly basis, the City’s Construction Project Manager shall produce a Monthly Report that updates the City on the work accomplished during the prior monthly period.

The Consultant shall provide information (e.g., design progress, project cost including status of estimating and value engineering efforts, schedule updates, project issues that may impact cost/schedule) as necessary to include in the Monthly Report.

G. ENVIRONMENTAL HAZARD PLAN

1. The Consultant shall develop a plan for communication and coordination with the City to mitigate and control environmental hazards that may be encountered during the Project.

2. Establish site specific procedures for the responsible management of hazardous materials and waste involved in the construction of the Project from points of generation to ultimate disposition.
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3. The plan should include the hazardous materials abatement in the demolition plans.

H. SITE INVESTIGATIONS

1. Consultant shall perform any necessary site investigations, surveys, and studies to thoroughly verify all known site conditions, identify unknown conditions, and collect information and data necessary to develop the GMP for the Project.

2. When required for site investigation, Consultant shall locate and protect control points prior to starting the investigations and preserve permanent reference points throughout the Project and shall require the engineer or surveyor to replace control points which become lost or destroyed.

3. Any destructive testing or exploration as required during the Preconstruction Phase will need to be patched and/or repaired to the original condition unless directed otherwise by the City. Provide photo documentation of the original condition prior to the destructive investigation work.

I. DESIGN

1. The Consultant shall meet with the City to review the design process required to meet the project critical success factors and criteria requirements. Process shall address the operational needs of the facility, need for stakeholder reviews, phasing, and lead times required to complete the work within the Project schedule.

2. Validation Period: Prior to start of design, Consultant and City will engage in a validation period to identify potential project risks and establish early alignment on cost, schedule and scope. Outcomes include establishing the following:
a. Target Budget
b. Target Scope
c. Target Schedule
d. Deferred Scope not included in Target Scope

3. Consultant shall work with the City to identify all stakeholders and their level of engagement for design during Preconstruction.

4. The City’s Representative shall support coordination with stakeholders.

5. The Consultant shall provide design services that will best achieve the City’s needs, function, quality, performance, and to confirm the Design Build Budget and schedule.

6. The Consultant shall hold meetings with the City, City representatives, consultants and stakeholders as needed to develop a design that is approved by the City.

7. The Consultant shall incorporate approved items and processes from the City of Dublin’s Department of Public Works as applicable (Exhibit A). 101
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8. The Consultant shall create a Responsibility Matrix including fixtures, furnishings, and equipment.

9. The design must reflect the requirements of the City, all stakeholders, and end users.

The City, City Representatives, and consultants will review the design and provide comments. Consultant shall reconcile or incorporate all City, City Representatives, and consultants’ comments until accepted by the City.

10.Contractor shall identify any subsequent required environmental permits and clearances, and prepare permit applications and provide technical information for securing such permits or clearances. This shall include the development and implementation of Best Management Practices (BMPs) for dust control, hazardous material abatement, and sediment control consistent with California Storm Water Quality Association (CASQA) Best Management Practice Handbook, Storm Water Pollution Prevention Plan, Storm Water Management Requirements (SWR), and other authorities as required.

11.Consultant shall provide a copy of agreements with architects, engineers, and subconsultants/subcontractors to the City.

12.The necessary design services shall be apportioned into the Preconstruction Phase to support the development of the GMP. The anticipated design submissions are listed in Paragraph 14.e. Design Submissions. Consultant shall manage the services provided so that the transition between phases is seamless. The design services may be provided under either or both contract phases and in many instances will be started in the Preconstruction Phase and completed in the Final Design and Construction Phase.

13.Provide services to develop plan layouts to reflect the requirements of all stakeholders and end users. Consultant shall provide architectural, engineering, and consulting services as required to construct the Project in accordance with all stakeholder requirements, good practices, applicable building codes, and the Project Criteria.

14.Design Submissions
a. Consultant shall prepare Design Submissions to the level of development consistent with the AIA guidelines.
b. Consultant shall separately identify in writing at the time of each of its formal submissions of Design Documents, any portions thereof that by reason of information contained or omitted constitute deviations from the requirements of the Project Criteria, design intent or approved deviations previously approved by City.
c. All Design Submissions shall be submitted in a format and file type approved by the City.
d. Specifications shall not contain restrictions that will limit competitive subcontractor bids. Where articles, materials, and equipment are identified by brand names, at least two brand names shall be specified, and shall be followed by the words “or equal”. Exceptions shall only be as permitted by California Public Contract Code section 3400.
e. Design Submissions shall be required to be submitted to the City at:
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i. Design Development (100%)
f. Provide Basis of Design/Systems Confirmation
i. The Consultant shall develop and provide a Systems Confirmation and Basis of Design Submittal with the City as soon as practical after the Preconstruction Phase starts. This Submittal will validate the design direction and identify the final Basis of Design for the City’s review and approval. The Systems Confirmation and the Basis of Design shall be complete for all disciplines. These documents shall depict the materials, equipment, design, layout, and general conditions of each scope of work in sufficient detail to confirm compliance with the City provided references including but not limited to the Performance Criteria.
g. Provide Design Documentation
i. Site Plan: Overall site plan including the size and locations of all proposed elements. Provide plans showing the following site elements:

1. Prepare Code Analysis Plans to show compliance with codes including CalGreen, accessibility, Alameda County Fire Department for fire access, fire separation, firefighting, and circulation. h. All submission of documents shall be subject to review by the City, City representatives, and consultants.
i. Review meetings between the Consultant and the City to review the Design Submissions shall be scheduled and held so as not to delay the Work. Such review shall not relieve the Consultant from its responsibilities under the Agreement.
ii. Such review shall not be deemed an approval or waiver by the City of any deviation from, or of the Consultant’s failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document submitted by the Consultant and approved in writing by the City.
iii. Consultant must incorporate, clarify, or reconcile all design review comments provided by the City.
i. Submit quality review check and final drawings to City at all phases of the project for review. Prior to submittal, documents must have been reviewed by Consultant for compatibility, professional quality, technical accuracy, coordination, and continuity in design, as well as construction phasing/sequencing. This applies to all submittals made to City. Submissions shall be in digital (pdf) format per current industry standards.
j. All drawings, specifications and calculations submitted to City shall contain a statement that the document has been reviewed for professional quality, technical accuracy, completeness and coordination within and between disciplines and coordination with other City consultants. The statement shall be signed by the respective licensed person for that discipline. This applies to all submittals made to City.

J. GUARANTEED MAXIMUM PRICE (GMP)

1. The GMP proposal will include a written statement of its basis which shall include:
a. A list of all the documents used to prepare the GMP proposal. 103
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b. A list of clarifications and assumptions made by the Consultant in preparation of the GMP to supplement the information in the Construction Documents. c. A detailed breakdown of all Project costs included in the GMP in a format and level of detail approved by the City.
d. Any other information required by the City to define or evaluate the GMP. e. The GMP shall be organized by trade buy out categories, contingencies, and other items that comprise the GMP, including but not limited to trade buy-out packages and CSI masterformat summaries.
f. The date of contract completion which the GMP is based, and a schedule of the construction documents issuance upon which the completion date is based. g. Consultant shall provide price breakdown in the level of detail as required for City’s evaluation of fee items including but not limited to:
i. General Conditions
ii. General Requirements
iii. Design Contingency
iv. Construction Contingency
v. Bonds and Insurance
vi. General Contractor Fee

2. Elements within this Preconstruction Phase scope of services may be modified or removed by mutual agreement between the Consultant and the City to support the earliest and most efficient development of the GMP (e.g., 100% Design Development Submission may be removed if GMP can be developed at an earlier stage of the design).

3. The GMP must not exceed the Design-Build Budget.

4. City and Consultant will negotiate the final terms of the GMP. a. The City will review the GMP Proposal and provide comments. b. The Consultant shall reconcile, incorporate, or respond to all City comments. c. In the event the City and the Consultant do not agree to a GMP, the City may solicit proposals to complete the Project from other firms. Any and all criteria, information, documentation, deliverables, or other product developed as part of the Preconstruction Phase shall become the sole property of the City and may be used by the City to complete and close out the Project at no additional costs or expense to the City.

K. PROJECT CRITERIA DOCUMENTS

1. During the development of the GMP, the Contractor will develop its Design and Construction Documents using the City provided Project Criteria Documents. The Consultant shall maintain a log of all changes to the Project Criteria documents and shall submit and review the log with the City during the weekly meetings.

L. SUBCONTRACTOR PACKAGE BUYOUT PLAN AND RELATED INFORMATION

1. Consultant shall prepare a subcontractor package buyout plan that includes a description of how they intend to approach subcontractor package buyout to maximize values and meet City procurement requirements. The plan shall outline the trade packages, buyout sequence, and anticipated dates of award. The buyout activities shall 104
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be included in the baseline Project schedule.

M. OUTREACH PROGRAM
Reserved.

N. COMMUNITY WORKFORCE AGREEMENT (“CWA”) POLICY
This project will be subject to the Community Workforce Agreement (“CWA”) policy adopted by the City of Dublin, which applies to all construction projects of $1 Million or more awarded by the City Council. If the contract award, including any bid alternates awarded by the Board, totals $1 Million or more, as a condition of the contract award, the successful bidder must sign the CWA acknowledgement/certification supplied by the City.

The Consultant and each Consultant member and its subcontractors will be required to execute the City’s standard Community Workforce Agreement (CWA) adopted by the City of Dublin City Council. The Consultant entering into a CWA is in lieu of the Consultant providing an enforceable commitment to the City that it and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project as required by Public Contract Code section 22172(b).

O. OTHER REQUIREMENTS
Deliverables requiring submission and review during the Preconstruction Phase, include, but are not limited to, the following:

1. Project Schedule

2. Cost Estimates

3. Environmental Permits and Clearances

4. Environmental Hazard Plan

5. Information as necessary to assist City in producing various reports and the PMP

6. Design Documents

7. GMP and Supporting Documents

8. Conformed Project Criteria

9. Subcontractor Buyout Package Plan

10.Other items as applicable

FINAL DESIGN AND CONSTRUCTION PHASE (NOT IN CONTRACT)
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PROJECT CRITERIA DOCUMENTS

1. Project Overview
The City of Dublin intends to perform exterior building upgrades including waterproofing, roofing, exterior painting, and structural repairs at multiple City facilities. The project will be executed under a Progressive Design-Build (PDB) delivery method.

2. Project Objectives
- Ensure the long-term integrity and aesthetic of public facilities. - Maintain operational status of facilities during construction. - Comply with regulatory, historic preservation, and safety standards.

3. Project Scope Summary
- Civic Center Waterproofing: Replace/storefront glazing, sealants, and apply coatings. - Roofing: Replacement at multiple buildings including shingle and TPO systems. - Painting & Repairs: Exterior painting, repairs to wood/stone siding, and compliance with historical standards.
- Preconstruction Services: Design development, cost control, stakeholder coordination, GMP development.

4. Key Project Phases
A. Preconstruction Phase
- Validation of schedule, scope, and budget
- Design development and coordination with stakeholders - Site investigations and permitting
- Monthly cost estimates and progress reports
B. Final Design & Construction Phase
- Completion of construction documents
- Construction based on the Guaranteed Maximum Price (GMP)

5. Progressive Design-Build Criteria
Design-Build Entity (DBE) Qualifications
- Must include licensed professionals for architecture and engineering 106
May 7, 2025 Exhibit A Page 25

- Experience in occupied facility renovations and historical preservation - Capable of producing cost-effective designs within budget and schedule Responsibilities
- Deliver phased design services with City approvals at milestones - Develop a Baseline Schedule using Primavera (P6)
- Provide monthly updated schedules and risk assessments - Establish a Responsibility Matrix for FF&E
- Manage design compliance with Title 24, ADA, and all relevant codes - Hold stakeholder and coordination meetings
- Maintain alignment with Project Criteria and City objectives

6. Performance Standards
- All services to meet professional standards and applicable codes - Deliverables to be complete, coordinated, and constructible - Consultant to be solely responsible for the quality and accuracy of work

7. Cost and Budget Control
- Review initial Design-Build Budget
- Provide monthly cost estimates per AACE Class 1
- Recommend value engineering options
- Submit formal GMP proposal with all supporting documentation

8. Project Criteria
The DBE must use the “Project Criteria Documents” (e.g., Civic Center waterproofing documents, referenced in the agreement) as the baseline for scope and design.

9. Meetings and Reporting
- Kick-off within 14 days of NTP
- Weekly design and progress meetings
- Monthly progress reports covering cost, schedule, and issues - Support City’s Monthly Report and public communication 107
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10. Design Submissions
- 100% Design Development
- Systems Confirmation and Basis of Design
- Permit and code compliance documentation
- Reconciliation of all City review comments

11. Legal and Compliance Requirements
- Compliance with California Labor Code (Section 1720 et seq.) - Registration with the Department of Industrial Relations - Adherence to prevailing wage and work hour laws
- Environmental hazard control and abatement plan

12. Deliverables
- Baseline Schedule and updates
- Design documents and cost estimates
- GMP proposal and supporting data
- Permitting and code analysis documents
- Final construction-grade documents and QA/QC reviews

13. Documents
The following documents are incorporated by reference:

1. Dublin Civic Center Clock Tower Condition Assessment Report Prepared by Axix Building Envelope Design, Inc. January 31, 2025

2. Dublin Arts Center Exterior Envelope Repairs
Prepared by Axix Building Envelope Design, Inc. May 15, 2024 108
May 7, 2025 Exhibit A Page 27

PAYMENT PROVISIONS, PROJECT PERSONNEL AND BILLING RATES I. PAYMENT PROVISIONS
A. Payments for services will not exceed Payment Limit specified in Section 2 of this Agreement.

In addition, payments will not exceed the following amounts for each phase or period indicated below unless approved in writing by the City. The City shall authorize the use of allowances prior to beginning any work associated with the identified allowances:
109
May 7, 2025 Exhibit A Page 28

Grand total including reimbursables and allowances is $731,320.00 B. Unless otherwise agreed, Consultant shall submit to the City, during the final week of each payment period, an electronic draft request for payment projected out through the end of the payment period. The City and Consultant shall meet to review the draft request for payment to reach consensus on percentage completion. The Design Builder shall revise and resubmit 110
May 7, 2025 Exhibit A Page 29

request for payment to include agreed upon percentages complete.

C. Neither City’s right to review and comment upon the work of Consultant, nor the review of, approval of, acceptance of, or payment for the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance or nonperformance of this Agreement.

D. City’s payment of the Contract Amount includes payment for any expenses Consultant may incur in performing the services under this agreement, and City will not reimburse Consultant for expenses it or its subconsultants’/subcontractors’ time and expenses for transportation between Consultant’s and its subconsultants’/subcontractors’ various offices. Costs for such transportation are deemed covered by the Contract Amount.

E. If City requires additional services outside of the scope of services, City and Consultant will develop a scope of services describing the services, and Consultant will charge City at the rates set forth in Attachment 1 (Billing Rates) to this Appendix B (Payment Provisions).

II. PROJECT PERSONNEL AND BILLING RATES
A. Consultant’s personnel positions assigned to the Project and their billing rates are set forth below.

POSITION BILLING RATES
111
May 7, 2025 Exhibit B Page 1

EXHIBIT B

SPECIAL CONDITIONS TO THE CONSULTING SERVICES AGREEMENT The parties to the Agreement agree that the following special conditions are incorporated into the terms of this Agreement and are part of this Agreement.

ARTICLE 1: EXTRA SERVICES
A. When authorized by a written Amendment to this Agreement, the following extra services and fees shall be mutually agreed upon in accordance with the rates specified in the Labor Rate Schedule, Appendix B, and Article 1.D. below.

1. Revisions to approved design and Working Drawings to accommodate changes, excluding corrections of errors or omissions by Consultant or changes initiated by Consultant, when so directed by City.

2. Preparation of measured drawings of existing structures, except as required for planning the additions or alterations thereto listed in the Scope of Services, Appendix A.

3. Selection of movable furniture, equipment, or other articles which are not otherwise included in a construction Agreement or required by the Scope of Services listed in Appendix A.

4. Additional services necessary to correct defects in or damage to the Project, excluding corrections arising from the errors or omissions of Consultant.

5. No additional compensation shall be allowed for delays caused by the errors and omissions of the Consultant.

B. If City makes any changes or expansions to the Scope, which results in an increase in the work currently in Consultant’s charge, any additional fee and/or time shall be negotiated commensurate with the work required to be performed by Consultant, provided that a cost/time proposal is submitted in accordance with Article 1.C.

C. For any services Consultant considers additional, Consultant shall submit a written notice to the City stating that Consultant considers the work to be additional services. This notification from Consultant must be received within 10 calendar days of receiving verbal or written direction and must specifically describe the scope of such services. In addition, the Consultant must submit a cost proposal, in the format designated by City, within 30 calendar days of receiving verbal or written direction. Failure by Consultant to furnish such written notice and cost proposal within the timeframes specified herein shall constitute a waiver of Consultant’s right for additional compensation.

D. In the event Consultant believes that it has been directed to perform extra services and City believes the work to be within the current Scope of Services, Appendix A, or in the event that the parties cannot agree upon the appropriate compensation for services which both parties agree are extra, Consultant agrees to begin, continue and complete any and all outstanding 112
May 7, 2025 Exhibit B Page 2

work pending resolution of the dispute.

ARTICLE 2: CHANGES AND AMENDMENTS
A. Any change required and performed under the direction of City, within the existing Scope of Services and without an Amendment, shall be accomplished under the then-current Agreement price.

B. The rates reflected on the Labor Rate Schedule, Appendix B, which include overhead, administrative costs and profit, shall remain in effect for one (1) year from the date of this Agreement. Rates are subject to a negotiated increase thereafter and shall be utilized in arriving at the negotiated fee for Extra Services. Failure on the part of Consultant to submit a timely proposal shall result in all work being done at the current rate.

ARTICLE 3: CONSULTANT STAFF
A. In accordance with Section 1.3 of the Agreement, Consultant has been selected to perform the work herein because of the skills, experience, and expertise of key individuals. Consultant shall prepare an Organization Chart, identifying key members of its firm and Subconsultants/Subcontractors including their titles. Personnel provided shall be consistent with personnel identified in Consultant’s Statement of Qualifications dated April 7, 2025.

B. Consultant shall designate a qualified, experienced senior staff member satisfactory to City as the Project Manager who shall, so long as the performance of that staff member continues to be acceptable to City, remain in charge of the services for the Project from beginning of program development and design through completion of Construction Support Services provided for in this Agreement.

C. Consultant must furnish the names of all lead or key people in Consultant’s firm that will be associated with this Project. If the designated Project Manager or any other designated key/lead person fails to perform to the satisfaction of City, upon written notice, Consultant will have 10 calendar days to remove that person from the Project and replace that person with one acceptable to City.

D. A Project Manager and all lead/key personnel for any Subconsultant/Subcontractor must also be designated by that Subconsultant/Subcontractor and are subject to all conditions previously stated in Article 5.C.

E. Prior to making any changes in the lead/key personnel associated with this Project, Consultant shall submit a written request for such change to City. The request shall be made at least 30 calendar days prior to the proposed change and shall outline the reason for the personnel change and provide Statements of Qualifications of persons, which Consultant proposes for assignment to that position. No lead/key personnel changes shall be made without prior written approval of City.

F. When lead/key personnel are unable or unavailable to perform their duties for a period of time longer than 14 calendar days, prior written approval must be obtained from City for Consultant staff performing the duties of the person on leave during the leave period.

ARTICLE 4: CONDITIONS OF WORK
113
May 7, 2025 Exhibit B Page 3

A. Consultant Status and Responsibility

1. Consultant, as an independent consultant and not as an agent of City, shall, without additional expense to City, be responsible for obtaining any business and professional licenses and permits and for complying with any applicable Federal or State laws, codes and regulations, and municipal ordinances, as necessary for the prosecution of Consultant’s work. Consultant shall be similarly responsible for all damages to persons or property that occurs as a result of Consultant’s fault or negligence to the extent caused by Consultant.

2. Without prejudice to Section 5 of the Agreement, Consultant shall be liable for reasonable expenses incurred by City, including court costs, as the result of Consultant’s nonperformance, negligent performance, or delay in the performance of the services required by the terms of this Agreement. In order for Consultant to complete its services within the time schedule herein, Consultant, without additional compensation, may be required to increase the number of staff, shifts, overtime operations, days of work, or any combination of the above.

Consultant shall provide all subconsultants/subcontractors with a copy of this Agreement, which shall also be made a part of the subconsultant's/subcontractor’s agreement with the Consultant. Further, the subconsultant’s/subcontractor’s agreement with the Consultant shall require that the subconsultant/subcontractor is bound to the Consultant in the same manner, and to the same extent, as the Consultant is bound to the City under the prime contract documents, with respect to the subconsultant’s/subcontractor’s portion of the work.
114
Attachment 3
115

General Improvements Five-Year Capital Improvement Program 2024-2029 16 Number – GI0125 CIVIC CENTER EXTERIOR GLAZING, SEALING & PAINTING Program – GENERAL IMPROVEMENTS

PROJECT DESCRIPTION
This project will provide for design and construction for the sealing of the exterior natural stone veneer, concrete masonry block, reinstallation and replacement of the glazing in the window systems, and replacement of the caulked joints in the architectural metal panels and stonework at Civic Center. The work on the Dublin Art Center “DAC” side of Civic Center will be done in conjunction with the DAC improvements. The project will also paint the accent trim colors inside City Hall and the exterior surfaces of the building that are not stone or architectural panels. Buildings should be sealed approximately every 10 years and caulking replaced every 30 years to maintain the exterior's appearance and to prevent damage caused by moisture infiltration.

PROJECT TIMELINE: The project is currently in design. Construction will begin in 2024.

ANNUAL OPERATING IMPACT: None.

2024-2029 CAPITAL IMPROVEMENT PROGRAM

ESTIMATED COSTS
PRIOR
YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 FUTURE

YEARS TOTALS
9100 – Salaries & Benefits $150,000 $150,000
9200 – Contract Services $450,000 $450,000
9400 – Improvements $3,650,000 $3,650,000
TOTAL $4,250,000 $4,250,000

FUNDING SOURCE
PRIOR
YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 FUTURE

YEARS TOTALS
6205 – Internal Service Fund –
Facilities $4,250,000 $4,250,000
TOTAL $4,250,000 $4,250,000

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CITY OF DUBLIN COMMUNITY WORKFORCE AGREEMENT Between THE CITY OF DUBLIN and THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF ALAMEDA COUNTY AND ITS AFFILIATED LOCAL UNIONS EFFECTIVE as of December 7, 2021 226
INTRODUCTION/FINDINGS7th day of December, 2021 of all tiers, who shall become signatory to this Agreement by signing the (Addendum A) s that have executed this Agreement (referred to collectively PURPOSE The purpose of this Agreement is to promote the efficiency of construction operations for the City of Dublin through the use of skilled labor resulting in quality construction outcomes, to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project(s) hereinafter defined and covered by this Agreement, and to increase training and employment opportunities in the construction trades through local hire, apprenticeship and pre-apprenticeship, and community partnership programs for residents of the Local Area hereinafter defined. RECITALS projects is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on Projects and will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Projects and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist among the parties to the Agreement; and WHEREAS, the Contractor/Employers and the Union(s) and the City of Dublin wish to ensure labor peace at the jobsite devoid of any disruption that could jeopardize the schedule and timeliness of the construction process, where both contractors that are signatory to collective bargaining agreements and contractors that are not signatory to collective bargaining agreements are supervising employees; and, WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and 227
City of Dublin, CA December 2021 Community Workforce Agreement Page 3 of 26 WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, SB 922, codified as Public Contract Code Section 2500 et seq., authorizes public entities to use, enter into, or require contractors to enter into, project labor agreements for construction projects, provided the agreement includes specified taxpayer protection provisions, which requirements have been incorporated into this Agreement; and WHEREAS, the contract(s) for construction work on the Projects will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and WHEREAS, the City of Dublin has the absolute right to select the lowest responsive and responsible bidder for the award of the construction contracts; and WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Projects. AGREEMENT NOW, THEREFORE, IT IS AGREED AMONG THE PARTIES HERETO, AS FOLLOWS:1 DEFINITIONS 1.1 1.2 executed by each and every Contractor/Employer as a condition of working on the Project. 1.3 1.4 of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work. 1.5 (including design-bid, design-build, lease-leaseback or other contracts under which construction of a Project is done) for construction of any Project as that term is hereinafter defined. 1.6 partnership or corporation (including a prime contractor, general contractor, construction manager, design-build entity, lease-leaseback entity, or equivalent), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of the Project, under contract terms and conditions that are approved by the City, and all contractors and subcontractors of any tier. 228
City of Dublin, CA December 2021 Community Workforce Agreement Page 4 of 26

1.7 at a Contractor/Employer can demonstrate meets the all the following qualifications: he or she (a) appeared on the Contractor/Employer's active payroll for at least ninety (90) of the last one hundred and eighty (180) working days prior to award of a Construction Contract; (b) possesses of all licenses and certifications required by applicable state and federal law for the work being performed; (c) has the ability to safely perform the basic functions of the applicable trade as required by law; and(d) has worked at least one thousand (1,000) hours in the applicable craft or trade. 1.8 1.9 December 7, 2021. 1.10 e City has finally determined that the work pursuant to a Construction Contract has been completed. 1.11 within a 15-mile radius of City limits (which includes but is not limited to all or portions of the cities and unincorporated communities of Alamo, Danville, San Ramon, Walnut Creek, Lafayette, Orinda, and Moraga). 1.12 permanently residing in the Local Area, as demonstrated by proof of residency that is not a post office box. 1.13 signatory hereto. 1.14 state-approved apprenticeship training program administered by a Joint Apprenticeship Training Committee for less than two years. 1.15 calendar days following the Effective Date. However, should the City issue any bid documents, requests for proposals, or other equivalent solicitations for a project(s) that satisfies the definition in Section 1.17 between the Effective Date and the Operative Date, this Agreement and all of its provisions shall apply to said project(s). 1.16 the end of the Term. 1.17 the cumulative bid amount(s) submitted by the contractor(s) awarded Construction Contracts for the Project, meets or exceeds one million dollars ($1,000,000). All Construction Contracts required to complete an integrated Project shall be considered in determining whether this threshold is met. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. projects as defined in this section, whether used in the singular or plural herein. Projects shall not be divided or split into separate contracts for the purpose of evading coverage under this Agreement. 229
City of Dublin, CA December 2021 Community Workforce Agreement Page 5 of 26

1.18 Projects and the implementation of this Agreement. 1.19 as Master Agreement. 1.20 o employees and exempted by the pursuant to California Business and Professions Code section 7125. 1.21 Operative as those phrases are defined in Section 18.2. 1.22 ounty and its affiliated Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.. 1.23 rved in the United States military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable, which is the same meaning set out in 38 U.S.C. § 101(2). 2 SCOPE OF AGREEMENT 2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing Construction Contracts on the Project (including subcontractors at any tier), and their successors and assigns, the City, the Council, and the Unions. 2.2 Applicability: During the Operative Term, this Agreement governs all Construction Contracts awarded on a Project as defined. This Agreement shall no longer apply after Completion, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract, when a Contractor performs work under a change order for a Construction Contract, and when start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Project are performed pursuant to a Construction Contract. 2.3 Covered Work: This Agreement covers, without limitation, site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related activities for the Project, that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of a Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary and permanent HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps, pump stations, start up, installation of modular furniture, and final clean up. On-site work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed to supply materials to the Project. 230
City of Dublin, CA December 2021 Community Workforce Agreement Page 6 of 26

2.3.1 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off-site work, including fabrication for the Project defined herein, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s). 2.3.2 The furnishing of supplies, equipment or materials that are stockpiled for later use shall in no case be considered subcontracting. However, construction trucking work, such as the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process, as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation material, construction debris and excess fill, material and/or mud, shall be covered by the terms and conditions of this Agreement. Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications. 2.3.3 The on-site installation or application of all items shall be performed by the craft having jurisdiction over such work as set forth under the provisions of this Agreement; provided, however, that the installation of specialty items which may be furnished by the Contractor shall be performed by construction persons employed under this Agreement who may be directed by other personnel in a supervisory role; further, provided, however, in circumstances requiring special knowledge of the particular item(s), work may be performed by construction persons of a manufacturer or vendor where rer or vendor can demonstrate, by an enumeration of specific tasks, that the work cannot be performed by construction persons employed under this Agreement. 2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of various National Agreements as follows: the National Agreement of Elevator Constructors, the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles 4, 13, and 14 of this Agreement shall apply to such work. 2.4 Exclusions: The following shall be excluded from the scope of this Agreement. 2.4.1 Construction Contracts awarded by entities other than the City. 2.4.2 The current or anticipated operation, maintenance, repair, access to or use of any of the es, except in those circumstances where the Project satisfies the requirements set forth in Section 1.17 . 2.4.3 W 231
City of Dublin, CA December 2021 Community Workforce Agreement Page 7 of 26

2.4.4 non-construction craft employees such as executives, managerial employees, engineering employees, design employees, supervisors above the level of general foreman (unless covered by a Master Agreement), and office, clerical, and administrative personnel that are not performing construction work on the project. 2.4.5 Any non-Project work performed on, near or leading to the site of work covered by this Agreement that is undertaken by state, county, or other governmental bodies or their contractors; or by public or private utilities or their contractors. Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work. Additionally, all contracted work performed ahead of the service entrance connection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work. 2.4.6 Off-site maintenance of leased equipment and on-site supervision of such work. 2.4.7 Construction Contracts issued during a Locally Declared Emergency, pursuant to Dublin Municipal Code Chapter 2.44, which are associated with emergency response and recovery activities and are subject to FEMA Procurement and Contracting Requirements. 2.4.8 Construction Contracts substantially funded by any federal, state, local or other public agency that prohibits the application of this Agreement; however, with respect to such work, the City agrees to make a reasonable effort to defend the application of this Agreement, including by making a written request to the funding source. Notwithstanding the foregoing, should only a specific provision of the Agreement be prohibited by the funding source, then, upon mutual agreement by the Council, the City shall modify the requirements of this Agreement accordingly to allow this Agreement to remain in place and to advance the purposes of this Agreement to the maximum extent feasible. 2.5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified bidder for the award of Construction Contracts under this Agreement, pursuant to Public Contract Code Section 2500 et. seq. The bidder need only be willing, ready, and able to execute the Agreement to be Bound. This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project. A copy of all invitations to bid shall be provided to the Council at the time of issuance. In the event that a Construction Contract extends beyond the Operative Term or any Extended Term, the terms of this Agreement incorporated therein shall survive until Completion, notwithstanding anything to the contrary in this Agreement. 2.6 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its sole option, may change, terminate, delay and/or suspend any and all portions of the covered work at any time; however, if such a Construction Contract or portion of a Construction Contract is later reauthorized, this Agreement shall apply. Furthermore, the City may prohibit some or all work on certain days or during certain hours of the day to comply with applicable codes, laws or 232
City of Dublin, CA December 2021 Community Workforce Agreement Page 8 of 26 mitigate the effect of the ongneighborhood of the Project sites; and/or require such other operational or schedule changes that may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the CProjects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor and Union(s) with reasonable notice of any changes it requires pursuant to this section. 3 EFFECT OF AGREEMENT 3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement. 3.2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A. 3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project. 3.4 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Schedule A, the provision of this Agreement shall prevail. Where a provision of a Schedule A does not conflict with this Agreement, the provision of the Schedule A shall apply. 3.5 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement. 3.6 The Contractor(s) has the primary obligation for performance of all conditions of this Agreement. This obligation cannot be relieved, evaded or diminished by subcontracting. Should the Contractor(s) elect to subcontract, the Contractor(s) shall continue to have such primary obligation. 233
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3.7 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement. 3.8 The Unions agree that this agreement does not have the effect of creating any joint employment status between or among the City and/or any contractor or subcontractor. 4 WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS 4.1 The Council, the Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of the Project: 4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit down, stand-in, wobble, boycott, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or any other facility of the City because of a dispute on the Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article, except that the Unions or construction persons employed on the Projects may not participate in any strikes, sympathy strikes, work stoppages, picketing, hand billing, slowdowns, or otherwise advising the public that a labor dispute exists at a Project jobsite because of a dispute between Unions and Contractor(s) on any other project. 4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on the Project. 4.1.3 As indicated in Section 4.1.1, there shall be no strike, sympathy strike, picketing, handbilling or otherwise advising the public that a labor dispute exists, refusal to work, walk-off, sit-down, stand-in, wobble, boycott, or slowdowns of any kind as a result of the expiration of any local, regional or other applicable labor agreement having application at the Projects and/or failure of the parties to that agreement to reach a new contract. If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike or withhold labor from the Contractor(s) on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the Union(s) and Contractor(s) agree to an interim agreement that will apply until a new Master Agreement is reached, the employees shall work under the terms of the interim agreement until a new or modified Master Agreement is reached between the Union(s) and Contractors(s). If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Project 234
City of Dublin, CA December 2021 Community Workforce Agreement Page 10 of 26 during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement. 4.1.4 In consideration of the foregoing, the Contractor(s) shall not incite, encourage, or participate in any lockout or cause to be locked out any employee covered under the termination or layoff of employees by the Contractor(s) for any reasons in the exercise of for any reason. 4.1.5 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer nonpayment of trust fund contributions has occurred, and one (1when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor/Employersubcontractor's workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article. 4.1.6 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify, in writing, the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. 4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred. 4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 13.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation. 4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists. 4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate 235
City of Dublin, CA December 2021 Community Workforce Agreement Page 11 of 26 recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator. 4.2.4 The sole issue at the hearing shall be whether or not a violation of Section 4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this mail upon issuance. 4.2.5 Liquidated Damages: If the Arbitrator determines that a violation of Section 4.1 has occurred, the breaching party shall, within eight (8) hours of the issuance of the decision take all steps necessary to immediately cease such activities and return to work. If the breaching party involved does not cease such activities by the beginning of the next regularly scheduled shift following the expiration of the eight (8) hour period after the thousand dollars ($10,000) as liquidated damages to the City per shift until the breach is remedied. The arbitrator shall retail jurisdiction for the sole purpose of determining compliance with this obligation and determining the amount of liquidated damages, if any; but such retention shall not prevent the moving party from seeking judicial enforcement of the initial decision. 4.2.6 filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail. 4.2.7 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties. 4.2.8 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article. 4.2.9 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement. 236
City of Dublin, CA December 2021 Community Workforce Agreement Page 12 of 26 5 PRE-JOB CONFERENCES 5.1 Timing: The Project Manager shall convene and conduct, at a physical or virtual location and time agreeable to the Council, a pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below, at least ten (10) working days prior to the commencement of any Project work, or the commencement of any Project work under a subsequently awarded Construction Contract. 5.2 The pre-job conference shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City or their designee may attend at their discretion. 5.3 The pre-job conference shall include but not be limited to the following subjects: 5.3.1 5.3.2 The craft assignments; 5.3.3 The estimated number of craft workers required to perform the work 5.3.4 Transportation arrangements; 5.3.5 The estimated start and completion dates of the work; and 5.3.6 Discussion of pre-fabricated materials. 5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled and concerns pertaining to the operation of this Agreement are addressed, the City and the Council shall establish a Joint Administrative Committee comprised of an equal number of representatives from the City and the Council. The Joint Administrative Committee shall meet on a periodic basis during the term of construction, at least annually, to assess the implementation of this Agreement, review the progress of Projects, and facilitate harmonious relations between the parties. Both the City and the Council shall have the right to call a meeting of the Joint Administrative Committee. 6 NO DISCRIMINATION 6.1 The Contractors and the Unions agree to not engage in any form of discrimination on the ground or because of race, color, creed, national origin, ancestry, age, sex, sexual orientation, gender identity, disability or any other basis made illegal by federal, state, and local law against any person, or applicant for employment on the Projects. 7 UNION REPRESENTATION 7.1 The Contractor(s)/Employer(s) recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on the Project. 7.2 The Contractor(s)/Employer(s) shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non-Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the independent requirements of 237
City of Dublin, CA December 2021 Community Workforce Agreement Page 13 of 26 the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work. 7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed on the Project. 8 REFERRAL AND CORE WORKERS 8.1 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Unions shall operate the Job Referral System in a non-discriminatory manner and in full compliance with all federal, state, and local laws and regulations, including those that require equal employment opportunities and prohibit discrimination 8.2 The Contractor(s)/Employer(s), including those that are not signatory to a Master Agreement, shall have the right to reject any applicant referred by the Union(s), to the extent permitted under the terms of the applicable Master Agreement. 8.3 Sole Operators. A Sole Operator self-performing work on a covered Project shall execute an Agreement to be Bound, attend the pre-job conference and identify themselves as a Sole Operator, but shall not be required to request dispatch from the union hall with jurisdiction over covered Project, the Sole Operator will be treated as a Core Worker and any subsequent employee(s) will be dispatched from the hiring hall. Before hiring an employee(s) on the Project, the Sole Operator must request permission from the JAC through the Coordinator and provide evidence of compliance with CLSB and Workers Compensation requirements.. 8.4 Core Workers 8.4.1 A Contractor may request by name, and the local Union shall honor, referral of Core Workers. The Union will first refer to such Contractor one (1) worker from the applicable hiprocedure shall repeat until such Contractor/Employer has hired a maximum of five (5) Core Workers. Thereafter, all additional employees shall be hired exclusively from the applicable hiring hall out-of-shall be maintained and when the Contractor's workforce is reduced, employees shall be reduced in reverse order and in the same ratio of Core Workers to hiring hall referrals as was applied in the initial hiring. This Section applies only to employers not signatory to a Master Agreement and is not intended to limit the transfer provisions of the Master Agreement of any trade. As part of this process, and in order to facilitate contract administration procedures and the appropriate fringe benefit fund coverage, all Contractors shall require their Core Workers to register with the appropriate Union hiring hall and be dispatched to the Project prior to starting work. 8.4.2 Upon request by any Party to this Agreement, including the applicable Union, the Contractor employing any Core Worker shall provide satisfactory proof (i.e., payroll 238
City of Dublin, CA December 2021 Community Workforce Agreement Page 14 of 26 qualification as a Core Worker to the City and the Council. 8.4.3 Prior to each Contractor performing any Covered Work on a Project, such Contractor or subcontractor shall provide a list of its Core Workers to the City and the Council. Failure of such a Contractor to do so will result in that Contractor being prohibited from using any Core Workers on that Construction Contract. 8.5 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman they consider necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement. 8.6 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires any worker(s) pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately direct such worker(s) to the appropriate Union hiring hall to be referred for work on the Project. 9 WAGES AND BENEFITS 9.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Project, in the amounts designated in the applicable Master Agreement(s). 9.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 9.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s). 9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail. 9.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement. 9.5 Work on Fire Sprinkler Systems: All inspections on a Fire Sprinkler System shall be performed by an ASSE 15000 certified Sprinkler Fitter who is registered with the Office of the California State Fire 239
City of Dublin, CA December 2021 Community Workforce Agreement Page 15 of 26 Marshall. All testing and/or maintenance performed on any Fire Sprinkler System shall be performed by an individual who has graduated from a state-approved apprenticeship program. All apprentices working on fire protection systems shall be registered with a state-approved apprenticeship program. 10 LOCAL HIRE, APPRENTICES, AND WORKFORCE DEVELOPMENT 10.1 Local Hire: It is in the interest of the parties to this Agreement to facilitate employment of Local Area residents and to use resources in the Local Area in construction of the Project. It is the objective of the parties that not less than twenty percent (20%) of all hours worked on the Project will be worked by residents of the Local Area. The Unions will exert their utmost efforts to recruit sufficient numbers of craft persons that are Local Residents to fulfill the referral requirements of the Contractor(s)/Employer(s). To the greatest extent allowed by law, and to the greatest extent and qualifications, the Unions shall refer Local Residents, including journeymen and apprentices, for Project work covered by this Agreement. 10.2 Apprenticeship and Workforce Development: 10.2.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured. Notwithstanding the foregoing, Contractor may employ an apprentice that is enrolled in a California state-approved apprenticeship program other than a Joint Apprenticeship Training Program provided that (i) the apprentice is a Local Resident, (ii) the Contractor previously requested a Local Resident apprentice from the applicable Joint Apprenticeship Training Committee and one was not provided, and (iii) the apprentice counts toward the maximum number of Core Workers allowed to the Contractor on the Project under Section 8.4.1. 10.2.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination. 10.2.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised. 10.2.4 Consistent with the requirements of California Labor Code §§ 1776, 1777.5 and 1777.6, Contractor(s)/Employer(s) shall hire one (1) New Apprentice for the first one million Thereafter, Contractor(s) will be required to hire one (1) New Apprentice for every five million dollars ($5,000,000) The New Apprentice(s) must work a minimum of to the fullest extent permissible by state law and the Master Agreements. 10.2.5 The Contractor may deploy the apprentice to work on another concurrent project in order to meet the minimum hours, and those hours will be counted towards the total hours of the 240
City of Dublin, CA December 2021 Community Workforce Agreement Page 16 of 26 craft on the City of Dublin project. Certified Payroll must reflect the hours worked. The Contractor must fully document efforts to hire a New Apprentice, through the following steps: 1) requesting New Apprentices through the Union dispatch procedure, 2) contacting a minimum of three (3) MC3-certified or Union pre-apprenticeship training programs for the applicable craft or trade for referral of Local Residents. 10.2.6 There can be no more than one (1) entry-level New Apprentice for each craft, provided said crafts have apprenticeship openings and the general contractor will be able to include New Apprentices hired by their subcontractor to meet this requirement. The Unions will agree to cooperate with the Contractor(s) in furnishing apprentices as requested and the hiring of the apprentices will be in accordance with the Apprenticeship provisions listed in the Master Agreements and/or the Union agreements with the Division of Apprenticeship Standards, and the apprentices shall be properly supervised and paid in accordance with provisions contained within the Master Agreements. The Unions and Contractor(s)/Employer(s) shall cooperate with local pre-apprenticeship programs to ensure Local Residents have the opportunity to apply for and enter into the apprenticeship programs. 10.2.7 Failure of Contractors and their subcontractors to maintain qualified apprentices on the job will be subject to corrective action and, if not corrected, monetary penalties, as determined by the Grievance Committee as identified in Article 13. 10.2.8 Enforcement, Compliance & Reporting: Contractors will be required to submit Certified Weekly Payrolls to the City along with monthly workforce utilization reports documenting Article 10. At a minimum the monthly reports must include 1) data on Local Residents work hour utilization on a craft by craft basis, 2) number of New Apprentices hired and the hours they have worked, 3) documentation showing any requests made to the Union dispatchers for Local according to the Grievance and Arbitration procedure outlined in Article 13. 10.3 Community Workforce Partnerships. The parties recognize the need to build within the Tri-Valley goals of providing career opportunities and of developing adequate numbers of competent workers in the construction industry. In furtherance of these goals, the parties agree to work together in good faith, and in partnership with the Construction Trades Workforce Initiative (CTWI), and in conjunction with other interested Tri-Valley community-based organizations, to identify and develop an initiative or multiple initiatives to connect residents of the Tri-Valley Region with careers in the Building and Construction Trades, with a particular focus on providing opportunities to disadvantaged individuals. 10.4 Helmets to Hardhats. 10.4.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment resource for preliminary orientation, assessment of construction aptitude, referral to 241
City of Dublin, CA December 2021 Community Workforce Agreement Page 17 of 26 apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties. 10.4.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for the Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience. 11 COMPLIANCE 11.1 It shall be the responsibility of the Contractor(s)/Employer(s) and Unions, and not the City, to investigate and monitor compliance with the provisions of Article 9 of this Agreement. Nothing in this Agreement shall be construed to interfere with or supers ede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City or its designee shall comply with its obligations thereunder as well as this Agreement. 12 JOINT ADMINISTRATIVE COMMITTEE 12.1 shall be comprised of two (2) representatives selected by the City and two (2) representatives selected by the Council. The City and the Council shall designate alternates who may serve in the absence of the designated representatives for any purpose. The JAC shall m eet quarterly, or at the request of any Party to the Agreement, including Contractor(s)/Employer(s), to review the implementation of the Agreement, review progress of the Projects, and resolve concerns or issues relating to the administration of the Agreement; however, the JAC may not change, amend, add to or detract from any of the provisions of the Agreement. The Project Manager shall convene and facilitate the quarterly meetings and any other meetings as requested. 12.2 The City and Council representatives shall report on Project progress and provide ongoing workforce projections to facilitate efficient construction and compliance with the Local Hire goal. 12.3 The JAC shall convene in an effort to resolve any grievance filed pursuant to Article 13 by unanimous vote, with such resolutions to be final and binding on all signatories to the Agreement. The failure of any party to attend said hearing shall not delay the hearing or issuance of an award by the JAC, and in the absence of any party to the grievance, the h earing may proceed ex parte. If the JAC is unable to resolve the grievance, the grievance may be referred in accordance with Step 3 of Article 13. 13 GRIEVANCE ARBITRATION PROCEDURE 13.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article 4 and Article 14, shall be subject to resolution by the grievance arbitration procedures set forth in this Article. 13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions 242
City of Dublin, CA December 2021 Community Workforce Agreement Page 18 of 26 contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause. 13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties. 13.4 Grievances shall be settled according to the following procedures: Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance. Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the ntative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2. Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article 4, or if not available, the alternate arbitrator designated in Article 4, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second. 1. William Riker 2. Carol Vendrillo 3. Morris Davis 13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall 243
City of Dublin, CA December 2021 Community Workforce Agreement Page 19 of 26 be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator. 13.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes. 13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting. 13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union(s) prevail. The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order. 13.9 Should any of the arbitrators listed in this Article or Article 4 no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement. 14 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 14.1 The assignment of Covered Work will be solely the responsibility of the Contractor(s)/Employer(s) performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction 14.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Contractor(s)/Employer(s) shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractor(s)/Employer(s) and Unions parties to this Agreement. 14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan. 14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-is resolved. Individual employees violating this section shall be subject to immediate discharge. 244
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14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together. 15 MANAGEMENT RIGHTS 15.1 Consistent with the Master Agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized. 16 DRUG AND ALCOHOL TESTING 16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited. In addition, the use and/or sale of tobacco or vaping products on City property is prohibited. 16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A. 17 SAVINGS CLAUSE 17.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent. 17.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void. 17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article 4. 18 TERM 18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project. 245
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18.2 The Operative Term shall be a period of five (5) years. Prior to the five (5) year anniversary of the Operative Date of this Agreement, the City and the Council shall meet to discuss proposed changes to the Agreement and/or whether to extend the agreement for an additional period or periods of 19 MISCELLANEOUS PROVISIONS 19.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require. 19.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed PDF signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures. The Parties agree that the Agreement may be executed using electronic signatures so long as they are valid and enforceable under California law. 19.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement. 19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof. 19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require. [SIGNATURES TO FOLLOW] 246
City of Dublin, CA December 2021 Community Workforce Agreement Page 22 of 26 CITY: COUNCIL: CITY OF DUBLIN, a California Municipal Building and Construction Trades Council of Corporation Alameda County , AFL-CIO By: ______________________________ By: ___________________________________ Linda Smith, City Manager Andreas Cluver, Secretary-Treasurer Date: ______________________________ Date: ___________________________________ Attest: By: ______________________________ Marsha Moore, City Clerk Approved as to Form: By: ______________________________ John Bakker, City Attorney 247
City of Dublin, CA December 2021 Community Workforce Agreement Page 23 of 26 SIGNATORY UNIONS Asbestos Workers, Local 16 _____________________________________ Boilermakers, Local 549 ______________________________________ Bricklayers and Allied Craftworkers, Local 3 _____________________________________ Northern California Carpenters Regional Council (on behalf of Carpenters, Local 713, Carpenters, Local 2236, Lathers, Local 68L, Millwrights, Local 102, and Pile Drivers, Local 34) ______________________________________ Cement Masons, Local 300 _____________________________________ Plasterers, Local 66 ______________________________________ Electrical Workers, Local 595 _____________________________________ Elevator Constructors, Local 8 ______________________________________ International Union of Painters and Allied Trades, District Council No. 16 (on behalf of Auto & Marine Painters, Local 1176, Carpet & Linoleum Layers, Local 12, Glaziers, Architectural Metal & Glassworkers, Local 169, Painters & Tapers, Local 3) _____________________________________ Ironworkers, Local 378 ______________________________________ Laborers, Local 67 _____________________________________ Laborers, Local 304 ______________________________________ Operating Engineers, Local 3 _____________________________________ Roofers and Waterproofers, Local 81 ______________________________________ 248
City of Dublin, CA December 2021 Community Workforce Agreement Page 24 of 26 Sheet Metal Workers, Local 104 ______________________________________ Sprinkler Fitters, Local 483 ______________________________________ Teamsters, Local 853 _____________________________________ United Association of Steamfitters, Pipefitters, Plumbers and Gasfitters, Local 342 ______________________________________ United Association, Underground Utility & Landscape, Local 355 _____________________________________ 249
City of Dublin, CA December 2021 Community Workforce Agreement Page 25 of 26 ADDENDUM A AGREEMENT TO BE BOUND [Date] [Addressee] [Address] Re: Community Workforce Agreement for the City of Dublin Agreement to be Bound Dear ________________: The undersigned confirms that it agrees to be a party to and bound by the Community Workforce Agreement for the City of , as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms. By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section 9.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s). The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned, and the undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound. This Agreement to Be Bound shall survive the end of the Term of the Agreement, as specified in Section 2.5 of the Agreement. This letter shall constitute a subscription agreement, to the extent of the terms of the letter. CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________ 250
City of Dublin, CA December 2021 Community Workforce Agreement Page 26 of 26 ADDENDUM B SIDE LETTER REGARDING AMADOR VALLEY INDUSTRIES Pursuant to this Side Letter, the Community Workforce Agreement does not apply to off-hauling of construction debris contained in a debris box by the City of Dublin, Amador Valley Industries, LCC, provided that such hauling is performed by a member of Teamsters Local 70. Any other off-hauling is covered by the Community Workforce Agreement if covered under Section 2.3.2. therein. This Side Letter shall not apply to any other franchisee of the City. 150439\1221412 251

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