June 17, 2025 Regular City Council 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, June 17, 2025 Location: Peter W. Synder
Council Chamber
100 Civic Plaza
Dublin, CA 94568
Pursuant to Government Code §54953(b), this meeting will include the following teleconference location:
• Mayor Hu will be attending the City Council Meeting via teleconference from VEA Newport Beach, Lobby, 900 Newport Center Dr, Newport Beach, CA 92660 The public shall have the opportunity to address the Council at this teleconference location pursuant to Government Code Section §54954.3. All votes during the teleconference session will be conducted by roll call vote. The teleconference location is accessible to the public and the agenda will be posted at the teleconference location 72 hours before the meeting.
CLOSED SESSION 6:30 PM
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures:
- Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, June 17, 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 1 June 17, 2025 Regular City Council Meeting Agenda 2
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.
CLOSED SESSION 6:30 PM
I. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Dublin v. Brad Benson Motorsports Corporation, et al., Alameda County Superior Court Case No. 23CV045872
REGULAR MEETING 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. PRESENTATIONS AND PROCLAMATIONS
3.1 Update from Three Valleys Community Foundation
The City Council will receive an update from Kelly Bowers, Ed.D., CEO and President of Three Valleys Community Foundation.
STAFF RECOMMENDATION:
Receive the update.
Staff Report - Update from Three Valleys Community Foundation
3.2 Employee Introduction
New City of Dublin Staff member, Clement Lui, Summer Intern with Information Systems, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
Staff Report - Employee Introduction
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 2 June 17, 2025 Regular City Council Meeting Agenda 3
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 June 3, 2025 Regular City Council Meeting Minutes The City Council will consider approving the minutes of the June 3, 2025 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the June 3, 2025 Regular City Council Meeting.
Staff Report
Attachment 1 - June 3, 2025 Regular City Council Meeting Minutes
5.2 Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) for Emergency Access Through BART Property
The City Council will consider approving an Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) to allow emergency access from the City’s Corporation Yard to DeMarcus Boulevard if the primary access via Scarlett Court is not accessible.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) for City Access Through BART-Owned Property, Assessor’s Parcel Number 941-0550-023-03.
Staff Report
Attachment 1 - Resolution Approving an Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) for City Access Through BART-Owned Property, Assessor’s Parcel Number 941-0550-023-03
Attachment 2 - Exhibit A to Resolution - Access License Agreement
5.3 Amendments to Consulting Services Agreements for On-Call Services for the Building and Safety and Code Enforcement Divisions
The City Council will consider approving a fourth amendment to the agreement with 4Leaf, Inc. for on-call plan check and inspection services, and will consider a third amendment to the agreement with Civica Law Group, APC for special legal counsel related to code enforcement activities.
STAFF RECOMMENDATION:
Adopt the Resolution a Fourth Amendment to the Consulting Services Agreement Between the City of Dublin and 4Leaf, Inc.; adopt the Resolution Approving a Third Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services; and approve the budget change.
Staff Report
Attachment 1 - Resolution Approving a Fourth Amendment to the Consulting Services Agreement Between the City of Dublin and 4Leaf, Inc.
3 June 17, 2025 Regular City Council Meeting Agenda 4
Attachment 2 - Exhibit A to the Resolution - Fourth Amendment to Consulting Services Agreement Between the City of Dublin and 4Leaf, Inc.
Attachment 3 - Consulting Services Agreement and First, Second and Third Amendment with 4Leaf, Inc.
Attachment 4 - Resolution Approving a Third Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services Attachment 5 - Exhibit A to the Resolution - Third Amendment to Agreement Between Civica Law Group, APC and the City of Dublin
Attachment 6 - Agreement and First and Second Amendment with Civica Law Group, APC Attachment 7 - Budget Change Form
5.4 Introduction of an Ordinance Amending Chapter 4.04 (Business Registration) of the Dublin Municipal Code
The City Council will consider introducing an Ordinance amending Dublin Municipal Code Chapter 4.04, which governs the City’s business registration program. These updates are intended to improve clarity, enhance operational efficiency, and support a better customer experience for businesses. The changes are informed by best practices and a policy review conducted by Hinderliter de Llamas & Associates (HdL), as well as City staff’s experience administering the program.
STAFF RECOMMENDATION:
Waive the reading and introduce an Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business Registration.
Staff Report
Attachment 1 - Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business Registration
Attachment 2 - Exhibit A to the Ordinance - Amendments Section 4.04 of the Dublin Municipal Code, Related to Business Registration
Attachment 3 - Amendments to Section 4.04 of the Dublin Municipal Code, Related to Business Registration - Redline Version
Attachment 4 - Ordinance Review Brief
5.5 Park Improvement Agreement for Dublin Centre Development The City Council will consider an Improvement Agreement with KL LB Buy 2 LLC and Landsea Homes of California, LLC to construct a 2.01-acre neighborhood park as identified in the Eastern Dublin Specific Plan within the Dublin Centre development, formerly called SCS Dublin.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Improvement Agreement for a Neighborhood Park Site Within the Dublin Centre Development.
Staff Report
Attachment 1 - Resolution Approving the Improvement Agreement for a Neighborhood Park Site Within the Dublin Centre Development
Attachment 2 - Exhibit A to the Resolution - Improvement Agreement for a Neighborhood Park Site Within the Dublin Centre
5.6 Agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group for On-Call Landscape Architect Services
4 June 17, 2025 Regular City Council Meeting Agenda 5
The City Council will consider approving agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group for on-call landscape architect services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group for On-Call Landscape Architect Services.
Staff Report
Attachment 1 - Resolution Approving Agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group for On-Call Landscape Architect Services
Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement with Callander Associates, GATES + Associates and SWA Group.
Attachment 3 - Request for Qualifications - Landscape Architect Services Attachment 4 - Statements of Qualifications - Landscape Architect Services
5.7 Agreement with SCA of CA, LLC for Street Sweeping Services The City Council will consider approving an agreement with SCA of CA, LLC for street sweeping services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with SCA of CA, LLC for Street Sweeping Services.
Staff Report
Attachment 1 - Resolution Approving an Agreement with SCA of CA, LLC for Street Sweeping Services
Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement with SCA of CA, LLC
Attachment 3 - Request for Proposals - Street Sweeping Services Attachment 4 - Statement of Qualifications - Street Sweeping Services
5.8 Agreement with Universal Building Services and Supply Co. for Carpet and Window Cleaning Services
The City Council will consider approving an agreement with Universal Building Services and Supply Co. for carpet and window cleaning services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Agreement with Universal Building Services and Supply Co. for Carpet and Window Cleaning Services.
Staff Report
Attachment 1 - Resolution Approving an Agreement with Universal Building Services and Supply Co. for Carpet and Window Cleaning Services
Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement with Universal Building Services and Supply Co.
Attachment 3 - Request for Proposals - Carpet and Window Cleaning Services Attachment 4 - Statement of Qualifications - Carpet and Window Cleaning Services
5.9 Amendment to the Agreement with Storm Water Inspection & Maintenance Services LLC for Trash Capture Device Maintenance Services
The City Council will consider approving an amendment to the agreement with Storm Water Inspection & Maintenance Services LLC for trash capture device maintenance services. 5 June 17, 2025 Regular City Council Meeting Agenda 6
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amendment to the Agreement with Storm Water Inspection & Maintenance Services LLC for Trash Capture Device Maintenance Services.
Staff Report
Attachment 1 - Resolution Approving an Amendment to the Agreement with Storm Water Inspection & Maintenance Services LLC for Trash Capture Device Maintenance Services Attachment 2 - Exhibit A to Resolution - First Amendment to Contractor Services Agreement between the City of Dublin and Storm Water Inspection & Maintenance Services LLC Attachment 3 - Contractor Services Agreement between the City of Dublin and Storm Water Inspection & Maintenance Services, Inc.
5.10 Dougherty Hills Open Space Slide and Trail Repair Project (FEMA Project No. 716372) and Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project (FEMA Project No. 733037), CIP No. GI0221 – Approval of Plans and Specifications and Award of Contracts to Granite Construction Company and Approval of a Budget Change The City Council will consider approving the plans and specifications and awarding construction contracts to Granite Construction Company for the Dougherty Hills Open Space Slide and Trail Repair Project and the Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project. The projects will repair damage caused by the storms in winter 2022-2023. The City Council will also consider approving a budget change to increase the project funding.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Granite Construction Company for the Dougherty Hills Open Space Slide and Trail Repair Project, CIP No. GI0221, FEMA Project No. 716372; adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Granite Construction Company for the Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project, CIP No.
GI0221, FEMA Project No. 733034; and approve the budget change.
Staff Report
Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to Granite Construction Company for the Dougherty Hills Open Space Slide and Trail Repair Project, CIP No. GI0221, FEMA Project No. 716372
Attachment 2 - Exhibit A to the Resolution - Agreement with Granite Construction Company for the Dougherty Hills Open Space Slide and Trail Repair Project, CIP No. Gi0221, FEMA Project No. 716372
Attachment 3 - Exhibit B to the Resolution - Dougherty Hills Open Space Slide and Trail Repair Project Plans and Specifications
Attachment 4 - Dougherty Hills Open Space Slide and Trail Repair Project Bid Results Attachment 5 - Resolution Approving the Plans and Specifications and Awarding a Contract to Granite Construction Company for the Dublin Boulevard Slide Repair - Between Inspiration Drive and Silvergate Drive Project, CIP No. GI0221, FEMA Project No. 733034 Attachment 6 - Exhibit A to the Resolution - Agreement with Granite Construction Company for the Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project, CIP No. GI0221, FEMA Project No. 733034
Attachment 7 - Exhibit B to the Resolution - Dublin Boulevard Slide Repair Project Plans and Specifications
Attachment 8 - Dublin Boulevard Slide Repair-Between Inspiration Drive and Silvergate Drive Project Bid Results
Attachment 9 - CIP No. GI0221
6 June 17, 2025 Regular City Council Meeting Agenda 7
Attachment 10 - Budget Change
5.11 First Amendment to the Agreement with All City Management Services Inc The City Council will consider approving an amendment to the current agreement with All City Management, Inc., to extend crossing guard services for three years, with a new expiration date of June 30, 2028, and increase the not-to-exceed compensation.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the First Amendment to Contractor Services Agreement Between the City of Dublin and All City Management Services, Inc.
Staff Report
Attachment 1 - Resolution Approving the First Amendment to Contractor Services Agreement Between the City of Dublin and All City Management Services, Inc.
Attachment 2 - Exhibit A to the Resolution - First Amendment to Contractor Services Agreement Between the City of Dublin and All City Management Services, Inc.
5.12 Agreement with Casey Printing for Printing and Bulk Mail Preparation Services The City Council will consider approving a two-year agreement with Casey Printing for the printing and distribution of the City’s newsletters and activity guides.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Agreement with Casey Printing for Printing and Bulk Mail Preparation Services.
Staff Report
Attachment 1 - Resolution Approving an Agreement with Casey Printing for Printing and Bulk Mail Preparation Services
Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and Casey Printing
Attachment 3 - 2025 Printing Services RFP
5.13 Appointment of Association of Bay Area Governments Delegate for 2025 General Assembly The City Council will consider confirming the Mayor’s Appointment of Councilmember Josey as the City’s delegate for the 2025 Association of Bay Area Governments General Assembly.
STAFF RECOMMENDATION:
Confirm the Mayor’s Appointment of Councilmember Josey as the City of Dublin delegate for the 2025 Association of Bay Area Governments General Assembly.
Staff Report
5.14 Adoption of an Appropriations Limit for Fiscal Year 2025-26 The City Council will consider adoption of the annual Appropriations Limit in accordance with state law. The City of Dublin’s Limit for Fiscal Year 2025-26 is $527,518,172, which exceeds the City’s related appropriations by $424,819,201.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting an Appropriations Limit for Fiscal Year 2025-2026.
Staff Report
Attachment 1 - Resolution Adopting an Appropriations Limit for Fiscal Year 2025-26 Attachment 2 - Exhibit A to the Resolution - Calculation of Fiscal Year 2025-26 Appropriations Limit
7 June 17, 2025 Regular City Council Meeting Agenda 8
5.15 Payment Issuance Report and Electronic Funds Transfer The City Council will receive a listing of payments issued from May 1, 2025 – May 31, 2025, totaling $22,110,296.26.
STAFF RECOMMENDATION:
Receive the report.
Staff Report
Attachment 1 - Payment Issuance Report for May 2025
5.16 Amending the Schedule of Service Rates for Integrated Solid Waste Services The City Council will consider ratifying a resolution to amend the service rates for integrated solid waste services. The City Council held a noticed public hearing on June 3, 2025 to establish the garbage rates effective July 1, 2025 and to establish the Fiscal Year 2025-26 refuse-related property tax assessment. The City Council deliberated on Item 6.1 and no public comment was received. The City Council now needs to act to ratify the resolution regarding the schedule of service rates for integrated solid waste services.
STAFF RECOMMENDATION:
Adopt the Resolution Amending the Schedule of Service Rates for Integrated Solid Waste Services.
Staff Report
Attachment 1 - Amending the Schedule of Service Rates for Integrated Solid Waste Services Attachment 2 - Exhibit A to the Resolution - Proposed Adjustment to Garbage Company Rates Attachment 3 - June 3, 2025, Item 6.1 Staff Report (Without Attachments)
5.17 Special Designation of General Fund Reserves for Fiscal Year 2024-25 The City Council will consider special designations of General Fund reserves for Fiscal Year 2024-25.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing a Special Designation of General Fund Committed Reserves for Fiscal Year 2024-25 and confirm changes to General Fund Assigned Reserves.
Staff Report
Attachment 1 - Resolution Authorizing a Special Designation of General Fund Reserves for Fiscal Year 2024-25
Attachment 2 - Fiscal Year 2024-25 General Fund Reserves Summary
5.18 Amendment to the Consulting Services Agreement with Townsend Public Affairs, Inc. for Grant Strategy and Writing Services
The City Council will consider approving a second amendment to the agreement with Townsend Public Affairs, Inc. for grant strategy and writing services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Second Amendment to the Consulting Services Agreement with Townsend Public Affairs, Inc. for Grant Strategy and Writing Services.
Staff Report
Attachment 1 - Resolution Approving the Second Amendment to the Consulting Services Agreement with Townsend Public Affairs, Inc. for Grant Strategy and Writing Services Attachment 2 - Exhibit A to the Resolution - Second Amendment to Consulting Services Agreement Between the City of Dublin and Townsend Public Affairs, Inc. 8 June 17, 2025 Regular City Council Meeting Agenda 9
6. PUBLIC HEARING
6.1 Legislation/Housing Element Implementation – Zoning Ordinance Amendments (PLPA004154-2025) The City Council will consider City-initiated amendments to the Zoning Ordinance to implement recent changes in state law and certain programs of the General Plan Housing Element. Amendments are proposed to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off -Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings). In addition, the proposed amendments include a new chapter, Chapter 8.49 (Low-Barrier Navigation Centers). The City Council will also consider an exemption from the requirements of the California Environmental Quality Act.
STAFF RECOMMENDATION:
Conduct a public hearing, deliberate, and adopt the Ordinance Approving Amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.36 (Development Regulations), Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities), Chapter 8.64 (Home Occupations Regulations), Chapter 8.68 (Inclusionary Zoning Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.81 (SB 9 Unit Developments), Chapter 8.104 (Site Development Review), Chapter 8.116 (Zoning Clearance) and Chapter 8.132 (Notice and Hearings), and the Addition of Chapter 8.49 (Low-Barrier Navigation Centers).
Staff Report
Attachment 1 - Ordinance Approving Amendments to Dublin Municipal Code Attachment 2 - Redlined Zoning Ordinance Amendments
Attachment 3 - Planning Commission Resolution No. 25-02 Recommending City Council Approval of Zoning Ordinance Amendments
6.1 - PowerPoint Presentation
7. UNFINISHED BUSINESS
7.1 Proposed Fiscal Year 2025-26 Budget
The City Council will consider approval of the Proposed Budget for Fiscal Year 2025-26 and related salary plans.
STAFF RECOMMENDATION:
Conduct the budget hearing, deliberate, and adopt the following: 1) Resolution Adopting a Budget for the City of Dublin for Fiscal Year 2025-26; 2) Resolution Establishing a Salary Plan for Full -Time Personnel in Accordance with the Personnel Rules; 3) Resolution Establishing a Salary Plan for Management Positions Exempt from Competitive Services; and 4) Resolution Amending the Classification Plan.
Staff Report
Attachment 1 - Proposed Fiscal Year 2025-26 Budget
9 June 17, 2025 Dublin City Council Regular Meeting Agenda 10 Attachment 2 - Resolution Adopting a Budget for the City of Dublin for Fiscal Year 2025-26 Attachment 3 - Resolution Establishing a Salary Plan for Full-Time Personnel in Accordance with the Personnel Rules
Attachment 4 - Resolution Establishing a Salary Plan for Management Positions Exempt from Competitive Service
Attachment 5 - Resolution Amending the Classification Plan Attachment 6 - Exhibit A to the Resolution - Digital Communications Technician Attachment 7 - Exhibit B to the Resolution - Digital Engagement Specialist Attachment 8 - Exhibit C to the Resolution - Senior Digital Engagement Specialist
7.1 - PowerPoint Presentation
7.2 Five-Year Capital Improvement Program 2024-2029 Update The City Council will consider adopting an update to the Five-Year Capital Improvement Program 2024-2029, which includes capital project funding from Fiscal Year 2024-25 through Fiscal Year 2028-29.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting the Five-Year Capital Improvement Program 2024-2029 Update.
Staff Report
Attachment 1 - Resolution Adopting the Five-Year Capital Improvement Program 2024-2029 Update
Attachment 2 - Five-Year Capital Improvement Program 2024-2029 Update
7.2 - PowerPoint Presentation
8. NEW BUSINESS
8.1 2025 Dublin Community Survey
The City Council will receive a presentation on the results from the 2025 Dublin Community Survey.
STAFF RECOMMENDATION:
Receive the presentation.
Staff Report
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 10 June 17, 2025 Dublin City Council Regular Meeting Agenda 11 reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.
Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and sustainable environment, fosters new opportunities, and champions a culture of equity, diversity, and inclusion.
11 STAFF REPORT
CITY COUNCIL
Agenda Item 3.1
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Update from Three Valleys Community Foundation Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will receive an update from Kelly Bowers, Ed.D., CEO and President of Three Valleys Community Foundation.
STAFF RECOMMENDATION:
Receive the update.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Three Valleys Community Foundation (3VCF) is a grantmaking public charity that serves the Tri-Valley and greater East Bay area through partnering with private and public donors on philanthropic investments. At the January 11, 2022 meeting, the City Council approved a grant agreement with 3VCF to provide $50,000 in equal installments over three years to support the initial administrative and operational functions associated with the launch of the Foundation.
The City Council will receive an update from Kelly Bowers, Ed.D., CEO and President, on the Foundation’s operations.
STRATEGIC PLAN INITIATIVE:
None.
12
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
13 STAFF REPORT
CITY COUNCIL
Agenda Item 3.2
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Employee Introduction
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:
New City of Dublin Staff member, Clement Lui, Summer Intern with Information Systems, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member, Clement Lui, Summer Intern with Information Systems, will be introduced.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
14 STAFF REPORT
CITY COUNCIL
Agenda Item 5.1
EXECUTIVE SUMMARY:
The City Council will consider approving the minutes of the June 3, 2025 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the June 3, 2025 Regular City Council Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approving the minutes of the June 3, 2025 Regular City Council Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) June 3, 2025 Regular City Council Meeting Minutes
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Approval of June 3, 2025 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
15 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: June 3, 2025
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 3, 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, June 3, 2025, in the Peter W. Snyder Council Chamber. The meeting was called to order at 7:07 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 Absent
2) PLEDGE OF ALLEGIANCE
3) PRESENTATIONS AND PROCLAMATIONS
3.1) Recognition of 2025 Dublin Pride Week Contest Winners The City Council recognized the winners of the 2025 Dublin Pride Week Photography, Poster, and Essay Contests.
3.2) Elder Abuse Awareness Month Proclamation
The City Council presented the Elder Abuse Awareness Month proclamation.
3.3) Gun Violence Awareness Day and Month Proclamation
The City Council presented the Gun Violence Awareness Day and Month proclamation.
Mike Grant provided public comment.
Attachment 1
16 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 3, 2025
3.4) Employee Introduction
New City of Dublin Staff members, Reese Maeda, Summer Intern with the Communications Division of the City Manager’s Office, and Mycile Cahambing, Administrative Technician with the City Clerk’s Office, were introduced. 4) PUBLIC COMMENT
Mike Grant provided public comment.
Shirley Lewandowski provided public comment.
Norm Lewandowski provided public comment.
Todd Benson provided public comment.
Toni Rodolfo-Benson provided public comment.
5) CONSENT CALENDAR
5.1) Approved May 20, 2025 Regular City Council Meeting Minutes.
5.3) Adopted Resolution No. 34-25 titled, “Approving the Plans and Specifications and Awarding a Contract to CLS/Cervantes Landscape Services, Inc. for the Irrigation System Upgrades Project, CIP No. GI0224.”
5.4) Adopted Resolution No. 35-25 titled, “Adopting a List of Projects Funded in Fiscal Year 2025-26 by Senate Bill 1, the Road Repair and Accountability Act of 2017.”
5.6) Adopted Resolution No. 36-25 titled, “Approving an Agreement with Commune Communication Corp for Economic Development Branding and Marketing Consulting Services.”
5.9) Adopted Resolution No. 39-25 titled, “Approving a Contract Instructor Services Agreement with North American Youth Activities, LLC dba Kidz Love Soccer for Recreation Services”; and Resolution No. 40-25 titled, “Approving a Contract Instructor Services Agreement with Rudolf Graf dba World Cup Soccer Camps and Clinics for Recreation Services.”
5.11) Adopted Resolution No. 42-25 titled, “Updating the Designation of Positions Authorized to Approve Local Agency Investment Fund Transactions.” 17 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 3, 2025
5.12) Adopted Resolution No. 43-25 titled, “Approving the Purchase and Sale Agreement with the Dublin Unified School District for the Dublin Crossing Development School Site (Assessor’s Parcel Number 986-0001-001-32) and Authorizing the City Manager to Execute the Agreement and Take Related Actions.”
On a motion by Vice Mayor Qaadri, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted the Consent Calendar items, except for items
5.2, 5.5, 5.7, 5.8, and 5.10.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Vice Mayor
SECOND: Jean Josey, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri
ABSENT: Morada
This item was pulled from the Consent Calendar for clarifying questions.
5.5) Approved the Heritage and Cultural Arts Commission’s recommendations for the 2025 Utility Box Art Program.
This item was pulled from the Consent Calendar for discussion.
5.7) Adopted Resolution No. 37-25 titled, “Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2025-26.” This item was pulled from the Consent Calendar for clarifying questions.
5.8) Adopted Resolution No. 38-25 titled, “Approving an Agreement with Waste Management of Alameda County, Inc. for Organics and Solid Waste PostCollection Services.” This item was pulled from the Consent Calendar for clarifying questions.
5.10) Adopted Resolution No. 40-25 titled, “Approving a First Amendment to the Consulting Services Agreement Between the City of Dublin and Lanlogic, Inc. for the Purchase of Information Technology Services and Related Equipment.” This item was pulled from the Consent Calendar for clarifying questions.
5.2) Adopted Resolution No. 33-25 titled, “Adopting an Annual Update to the Master Fee Schedule for Services Provided by the City.”
18 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 3, 2025
On a motion by Vice Mayor Qaadri, seconded by Councilmember McCorriston, and by unanimous vote, the City Council adopted the remainder of the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Vice Mayor
SECOND: Michael McCorriston, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri
ABSENT: Morada
6) PUBLIC HEARING
6.1) Adoption of Rates for Garbage Collection, Disposal, and Recycling Services Provided by Amador Valley Industries and Establishing the 2025-26 Annual Assessment
The City Council received a presentation regarding establishing the garbage rates effective July 1, 2025 and establishing the Fiscal Year 2025-26 refuse-related property tax assessment.
Mayor Hu opened the Public Hearing.
Upon receiving no public comment, Mayor Hu closed the Public Hearing.
On a motion by Vice Mayor Qaadri, seconded by Jean Josey, and by unanimous vote, the City Council adopted Resolution No. 44-25 titled, “Approving and Establishing the Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2025-2026.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Vice Mayor
SECOND: Jean Josey, Councilmember
AYES: Hu, Josey, McCorriston, Qaadri
ABSENT: Morada
Mayor Hu called for a break at 9:08 PM.
Mayor Hu reconvened the meeting at 9:18 PM.
7) UNFINISHED BUSINESS
7.1) Preliminary Fiscal Year 2025-26 General Fund Budget Update 19 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 3, 2025
The City Council received a presentation on the Preliminary Fiscal Year 2025-26 Budget, including a brief economic overview, review of current sales tax receipts, and a framework for potential budget reductions in the event of a recession or significant revenue loss.
Mayor Hu opened the public comment period. Upon receiving no public comment, Mayor Hu closed the public comment period.
By consensus, the City Council directed Staff to proceed with adding three crossing guard positions to the budget and begin an evaluation of a future Transit Occupancy Tax increase.
7.2) Five-Year Capital Improvement Program 2024-2029 – General Fund Projects Fiscal Year 2025-2026 Revisions
The City Council received a presentation on Fiscal Year 2025-26 revisions to the FiveYear Capital Improvement Program 2024-2029 (CIP) projects funded partially or wholly by the General Fund.
Tracy Farhad provided public comment.
Guy Houston provided public comment.
By consensus, the City Council directed Staff to remove the shade structure project, refine the Fallon Sports Park – Field G upgrades, remove the Citywide Storm Drain Improvements project, remove the San Ramon Blvd Landscape Renovation project, proceed with the Kolb Park renovations with a reevaluation of the project to determine which aspects could be eliminated, and move forward with the Sunday School Barn improvements.
8) NEW BUSINESS – None.
9) CITY MANAGER AND CITY COUNCIL REPORTS
The City Council and Staff provided brief information-only reports, including committee reports and reports related to meetings attended at City expense (AB1234). 20 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 3, 2025
10) ADJOURNMENT
Mayor Hu adjourned the meeting at 10:55 PM.
Mayor
ATTEST:
City Clerk
21 STAFF REPORT
CITY COUNCIL
Agenda Item 5.2
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) for Emergency Access Through BART Property Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving an Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) to allow emergency access from the City’s Corporation Yard to DeMarcus Boulevard if the primary access via Scarlett Court is not accessible.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) for City Access Through BART-Owned Property, Assessor’s Parcel Number 941-0550-023-03.
FINANCIAL IMPACT:
There is no impact to the General Fund. The San Francisco Bay Area Rapid Transit District (BART) will be responsible for the cost to maintain the BART-owned property.
DESCRIPTION:
On May 20, 2025, the City Council approved a Transportation License Agreement with the San Francisco Bay Area Rapid Transit District (BART) to allow BART to construct and maintain bicycle and pedestrian improvements on City-owned property as part of BART’s Dublin/Pleasanton BART Station Active Access Improvements Project. Upon completion of the Project, the City’s existing emergency access route will be modified due to the new improvements.
The design of the Project improvements will accommodate a new vehicular access route for the City for emergency purposes, and BART is agreeable to giving the City access through the Project improvements and through BART-owned property (as depicted in Exhibit B of Attachment 2). The proposed Access License Agreement allows the City to access a portion of 22
the BART-owned property for ingress and egress in the event of an emergency when the City’s primary access from the Corporation Yard to Scarlett Court is flooded or obstructed.
BART has agreed to maintain the access route free of obstruction and the City is allowed to remove any obstructions that may interfere with access to ensure the route remains passable in an emergency.
The proposed Access License Agreement has an initial term of 25 years with an option for the City to renew for an additional 25 years.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) for City Access Through BART-Owned Property, Assessor’s Parcel Number 941-0550-023-03
2) Exhibit A to the Resolution – Access License Agreement 23 Attachment 1
Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 1 of 2 RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN ACCESS LICENSE AGREEMENT WITH THE SAN FRANCISCO BAY
AREA RAPID TRANSIT DISTRICT (BART) FOR CITY ACCESS THROUGH BART-OWNED PROPERTY, ASSESSOR’S PARCEL NUMBER 941-0550-023-03
WHEREAS, the San Francisco Bay Area Rapid Transit District (BART) is the lead agency for the design and construction of the Dublin/Pleasanton BART Station Active Access Improvements Project (Project); and
WHEREAS, the City has an existing emergency access route from the City’s Corporation Yard through BART-owned property to DeMarcus Boulevard and desires to maintain an emergency access route; and
WHEREAS, the Project design has been modified to accommodate a new access route for the City for ingress and egress for emergency purposes through BART-owned property, Assessor’s Parcel Number 941-0550-023-03; and
WHEREAS, BART is agreeable to allow such use by the City of BART-owned property; and
WHEREAS, BART is agreeable to maintain the new access route free of obstructions that may interfere with the City’s use as emergency access, as further described in the Access License Agreement, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Access License Agreement with the San Francisco Bay Area Rapid Transit District, attached hereto as Exhibit A to this Resolution, for City use of BART-owned property access to and from the City’s Corporation Yard in the event of an emergency that eliminates or restricts the main Corporation Yard access.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution.
{Signatures on the following page}
24 Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
25 Attachment 2
Exhibit A to the Resolution
26 27
28 29
30 31
32 33
34 35
STAFF REPORT
CITY COUNCIL
Agenda Item 5.3
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Amendments to Consulting Services Agreements for On-Call Services for the Building and Safety and Code Enforcement Divisions
Prepared by: Gregory A. Shreeve Sr., Chief Building Official EXECUTIVE SUMMARY:
The City Council will consider approving a fourth amendment to the agreement with 4Leaf, Inc. for on-call plan check and inspection services, and will consider a third amendment to the agreement with Civica Law Group, APC for special legal counsel related to code enforcement activities.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Fourth Amendment to the Consulting Services Agreement Between the City of Dublin and 4Leaf, Inc.; adopt the Resolution Approving a Third Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services; and approve the budget change.
FINANCIAL IMPACT:
Approval of the recommended action will result in the need for an additional $200,000 in the current year for anticipated legal expenditures related to code enforcement, funded by the General Fund Undesignated Reserve. Adequate funds for the remainder of the costs are included in the Fiscal Year 2025-26 proposed budget.
DESCRIPTION:
Background
The Building & Safety Division of the Community Development Department utilizes consultants on an on-call basis to assist Staff with specific areas of technical expertise and to assist with overflow work. This includes plan check, inspections, and building code compliance activities.
Consultants are selected through open and competitive request for qualifications (RFQ) processes.
36
Agreement with 4Leaf, Inc.
On June 1, 2021, the City Council approved an agreement with 4Leaf, Inc. for services on an as-needed basis (Resolution No. 58-21). In 2024, the City Council extended the term of this agreement to June 30, 2026 (Resolution No. 48-24).
The agreement allows 4Leaf, Inc. to request an annual rate increase – such increases were approved in 2022, 2023 and 2024. For the final year of the agreement, 4Leaf, Inc. has requested rate increases as follows:
Table 1: 4Leaf Hourly Rates
Consultant Position
Current
Rates
Proposed
Rates
%
Change
Supervising Building Inspector $151 $156 3.3%
Building Inspector III $132 $136 3.0%
Building Inspector II $119 $123 3.4%
Building Inspector I $99 $102 3.0%
Building Inspector Trainee $76 $78 2.6%
Plan Review (on or off-site) $170 $180 5.9%
Permit Technician $86-$99 $89-$102 3.5%-3.0%
Certified Access Specialist Inspector
surcharge
$7 $7 0.0%
Overtime rate 150% 150% 0.0%
Expediting plan check rate 150% 150% 0.0%
Project Manager / Deputy Building Official $170 $180 5.9% Staff proposes to amend the agreement with 4Leaf, Inc. to incorporate the increased rates, and to increase the total not-to-exceed limit from $4,250,000 to $4,750,000 (an increase of $500,000).
Agreement with Civica Law Group, APC
The City has a current contract with Civica Law Group, APC to provide special legal counsel, representation, and assistance with Code Enforcement activities. The current not-to-exceed limit for July 1, 2024 to June 30, 2026, is $400,000. Staff is proposing to increase the total compensation to $800,000 to cover legal assistance with an increased level of code enforcement activity.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
37
ATTACHMENTS:
1) Resolution Approving a Fourth Amendment to the Consulting Services Agreement Between the City of Dublin and 4Leaf, Inc.
2) Exhibit A to the Resolution – Fourth Amendment to Consulting Services Agreement Between the City of Dublin and 4Leaf, Inc.
3) Agreement and First, Second and Third Amendments with 4Leaf, Inc. 4) Resolution Approving a Third Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services 5) Exhibit A to the Resolution – Third Amendment to Agreement Between Civica Law Group, APC and the City of Dublin
6) Agreement and First and Second Amendments with Civica Law Group, APC 7) Budget Change Form
38 Attachment 1
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 1 RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A FOURTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND 4LEAF, INC.
WHEREAS, the City Council has approved Consulting Services Agreements with 4Leaf, Inc., (Consultant) to provide certain services to the Building and Safety Division on an as-needed basis; and
WHEREAS, said Consultant was selected through a Request for Qualifications process; and
WHEREAS, Staff proposes to increase the total compensation paid during the term of the Agreement; and
WHEREAS, the Consultants submitted a request to increase the hourly compensation in accordance with the terms of the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Fourth Amendment to the Consulting Services Agreement for On-Call Contract Building and Safety Services with 4Leaf, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment to the agreements, attached hereto as Exhibit A, and make any necessary, nonsubstantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
39
FOURTH AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND 4LEAF, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as "CITY") and 4Leaf, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for On-Call Building and Safety Services, which agreement was last amended on July 1,2024, services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, in 2021, Staff prepared and initiated a Request for Qualifications (RFQ) for On-Call Building and Safety services; and
WHEREAS, the City Council has directed Staff to process development projects expeditiously and to hire consultants when services are needed; and WHEREAS, the existing AGREEMENT is set to expire on June 30, 2026 and has a not to exceed sum of $4,250,000; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to increase the not to exceed amount to $4,750,000 and increase the reimbursable rates as provided in Exhibit B to the AGREEMENT.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended, effective July 1, 2025, as follows:
1) The not to exceed compensation, set forth in section 2.0 of the agreement, shall be increased to $4,750,000, following the reimbursement schedule set forth in Exhibit B. 2) Exhibit B shall be rescinded in its entirety and replaced with the attached revised exhibit.
3) Except to the extent inconsistent with this Fourth Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the CONSULTANT pursuant to the AGREEMENT, as may have been amended from time to time, shall include coverage for the amended term, as described above.
5) The individuals executing this Fourth Amendment and the instruments referenced in it on behalf of CONSULTANT each represent and warrant that they have the legal power, right and actual authority to bind CONSULTANT to the terms and conditions of this Amendment.
Attachment 2
Exhibit A to the Resolution
40
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be executed as of July 1, 2025, of the City Manager’s signature below.
CITY OF DUBLIN 4LEAF, INC.
By: _____________________________ By: _____________________________ Colleen Tribby, City Manager Kevin J. Duggan, President Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
41
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
A. CITY shall pay CONSULTANT for services rendered in accordance with the hourly rates stated in section B. CONSULTANT shall submit invoices, not more often than once per month, based upon the work completed. At the sole discretion of the CITY, other payment schedules may be considered. Invoices shall include an accounting of all hours by classification and task. Invoices shall include the purchase order number, amount of purchase order, amount of purchase order remaining, and total hours of augmentation personnel assigned to the City covered by purchase order. The format documentation included on the invoice shall be subject to approval by the City Manager and / or designee.
B. HOURLY RATES:
The following rates include all reimbursable or indirect costs, including but not limited to business cards, all required code books and references, a vehicle, mileage and mobile field device (smart phone or laptop) compatible with the City’s permitting and plan storage systems.
1) Supervising Building Inspection $156.00
(Includes oversight of Contract
Inspectors, monitoring of inspections
Demand and a knowledge / certification
in commercial / multi-family and singlefamily building systems. May include plan checking assignments)
2) Building Inspector III $136.00
(Includes knowledge / certification
in commercial / multi-family and
single-family building systems including
structural. Mechanical, plumbing and
electrical systems. May include plan
checking of non-structural plans.)
3) Building Inspector II $123.00
(Includes knowledge / certification
in residential building systems including
structural, mechanical. Plumbing, and
electrical systems. May included plan
checking of non-structural plans.)
42
4) Building Inspector I $102.00
(Includes inspections of residential
buildings)
5) Building Inspector Trainee $78.00
6) Plan Review (On or off site) $180.00
7) Permit Technician $89.00 to $102.00
8) Overtime rates 150% of Above Hourly Rates
(When pre-approved in writing
from Contract Administrator or designee)
9) Certified Access Specialist - $7.00
Augmentation Inspector
(An hourly surcharge is permitted for
each inspector rate listed in this exhibit
that holds and active CASp certification)
10) Expediting of Projects
(When pre-approved in writing
from Contract Administrator or designee.
Plan Check Times to be negotiated
with each project but shall be at least 30%
faster than plan check times listed in Exhibit A section 1a) Project Manager / Deputy Building Official $180.00
Plan Check Rates 150% of Above Hourly Plan Review
Rate
This agreement does not include an automatic annual escalation in rates. Rate change requests, if any, shall be submitted in writing to the Contract Administrator for the City of Dublin no later than April 1st of each year and if approved by the City Council would become effective July 1st of that year.
43 Attachment 3
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 Attachment 4
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 1 RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A THIRD AMENDMENT TO THE AGREEMENT BETWEEN CIVICA LAW
GROUP, APC AND THE CITY OF DUBLIN FOR SPECIAL COUNSEL LEGAL SERVICES WHEREAS, the City of Dublin has an existing agreement with Civica Law Group for special counsel legal services, representation and assistance related to code enforcement; and WHEREAS, the City has a continued need for special counsel legal services; and WHEREAS, the current contract has a not-to-exceed amount for the period of July 1, 2024 to June 30, 2026 of $400,000; and
WHEREAS, Staff proposes to amend the agreement to increase the not-to-exceed amount to $800,000 for the term.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Third Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the agreements, attached hereto as Exhibit A, and make any necessary, nonsubstantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
77 Attachment 5
THIRD AMENDMENT TO AGREEMENT BETWEEN CIVICA LAW GROUP, APC
AND THE CITY OF DUBLIN
FOR SPECIAL COUNSEL LEGAL SERVICES
1. PARTIES AND DATE.
This Third Amendment to the agreement for services (“Amendment”) by and between the CITY OF DUBLIN (“City”), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California (“Law Firm”) is entered into as of July 1, 2025. Law Firm and the City are sometimes individually referred to herein as “Party” and collectively as “Parties.” In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein.
2. RECITALS.
2.1 The City and Law Firm entered into an Agreement on March 1, 2023 (“Agreement”), whereby, Law Firm agreed to provide legal services to the City.
2.2 The City and Law Firm amended the Agreement on August 15, 2023, to increase the contract limit.
2.3 The City and Law Firm amended the Agreement on May 21, 2024, to increase the contract limit.
2.4 The City and Law Firm now desire to amend the Agreement to increase the contract limit.
3. TERMS.
3.1 Contract Changes. The Agreement is amended as provided herein. a. Section 3.3 is hereby amended in its entirety to read as follows: For all legal services provided in this Agreement, the City will compensate Law Firm at the blended rate of $309 per hour for attorney representation and $189 per hour for paralegals and law clerks, which fees shall increase by up to five percent on January 1 of each year, rounded up to the nearest dollar, to offset rising costs. The attorney’s fees to Law Firm beginning July 1, 2024, through June 30, 2026, shall not exceed $800,000 without approval of the City.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement and First Amendment shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Second Amendment to the Agreement. Said Agreement is and remains an effective, valid and binding obligation.
Exhibit A to the Resolution
78
[Signatures on following page.]
CITY OF DUBLIN,
a Municipal Corporation
By: ____________________________
Colleen Tribby
City Manager
Approved as to form:
REDWOOD PUBLIC LAW, LLP
a Professional Corporation
By: ____________________________
John Bakker, Esq.
City Attorney
CIVICA LAW GROUP, APC
By: ____________________________
Matthew Silver, Esq.
Managing Partner
79 AGREEMENT BETWEEN CIVICA LAW GROUP, APC
AND THE CITY OF DUBLIN
FOR SPECIAL COUNSEL LEGAL SERVICES
1. PARTIES AND DATE.
Attachment 8
This agreement ("Agreement") is entered into and made effective on March 1, 2023 by and between the CITY OF DUBLIN ("City"), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California ("Law Firm").
Law Firm and the City are sometimes individually referred to herein as "Party" and collectively as "Parties." In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein.
2. RECITALS.
2.1 The City wishes to engage the services of Law Firm to provide special counsel legal services as described in this Agreement. Law Firm wishes to provide all such services and has the necessary expertise and competency to provide such services.
3. TERMS.
3.1 Scope of Services. Law Firm shall provide legal advice, representation and assistance to the City on code enforcement matters as assigned to Law Firm. Law Firm shall report on a regular basis to the City and City Attorney regarding matters assigned to Law Firm, and shall handle matters subject to the input, oversight and direction of City staff and City Attorney.
3.2 Responsibilities of Attorneys and Client. Law Firm shall fully cooperate with the City and will keep the City and its staff informed of the status and progress of all pending matters and all legal matters of importance with which Law Firm is involved. Law Firm will manage and control the delivery of all legal services described hereunder in a professional, competent, and cost-effective manner. The City agrees to provide all information and documentation necessary for the attorneys at Law Firm to perform their obligations under this Agreement.
3.3 Compensation. For all legal services provided in this Agreement, the City will pay Law Firm at the blended rate of $285 per hour for attorney representation and $175 per hour for paralegals and law clerks. Attorney's fees shall not exceed $44,999 without written approval of the City. Fees shall increase by three percent annually on January I, to offset rising costs.
3.4 Cost Reimbursement. The City shall reimburse Law Firm for all out-of-pocket expenses incurred by Law Firm in providing legal services under this Agreement, including charges for printing and copying expenses at $.16 for black and white copies and $.60 for color copies, postage, research, litigation costs, courier and messenger services, travel and automobile mileage at the current IRS rate for travel on behalf of the City. No separate charge shall be made by Law Firm for secretarial or word processing services.
3.5 Statements and Billing. Law Firm shall submit monthly invoices to the City indicating attorney fees and costs incurred for the legal services provided under this Agreement. 1 80
81 82
83 84
85 86
SECOND AMENDMENT TO AGREEMENT BETWEEN CIVICA LAW GROUP, APC
AND THE CITY OF DUBLIN
FOR SPECIAL COUNSEL LEGAL SERVICES
1. PARTIES AND DATE.
This Second Amendment to the agreement for services (“ Amendment”) by and between the CITY OF DUBLIN (“ City”), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California (“ Law Firm”) is entered into as of May 21, 2024. Law Firm and the City are sometimes individually referred to herein as Party” and collectively as “ Parties.” In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein.
2. RECITALS.
2.1 The City and Law Firm entered into an Agreement on March 1, 2023 Agreement”), whereby, Law Firm agreed to provide legal services to the City.
2.2 The City and Law Firm amended the Agreement on August 15, 2023 increase the contract limit.
2.3 The City and Law Firm now desire to amend the Agreement to provide for a contract limit for a two year contract period.
3. TERMS.
3.1 Contract Changes. The Agreement is amended as provided herein. a. Section 3.3 is hereby amended in its entirety to read as follows: For all legal services provided in this Agreement, the City will compensate Law Firm at the blended rate of 294 per hour for attorney representation and $180 per hour for paralegals and law clerks, which fees shall increase by up to five percent on January 1 of each year, rounded up to the nearest dollar, to offset rising costs. The attorney’ s fees to Law Firm for fiscal year 2023-2024 shall be increased by $20,000 to a total of $205,000, and beginning July 1, 2024 through June 30, 2026, shall not exceed $400,000 without approval of the City.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement and First Amendment shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “ Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Second Amendment to the Agreement. Said Agreement is and remains an effective, valid and binding obligation.
Signatures on following page.]
DocuSign Envelope ID: DB763568- 660A-46D1-A505-043AD730BF18 87
CITY OF DUBLIN,
a Municipal Corporation
By: ____________________________
Linda Smith
City Manager
Approved as to form:
REDWOOD PUBLIC LAW, LLP
a Professional Corporation
By: ____________________________
John Bakker, Esq.
City Attorney
CIVICA LAW GROUP, APC
By: ____________________________
Matthew Silver, Esq.
Managing Partner
DocuSign Envelope ID: DB763568- 660A-46D1-A505-043AD730BF18 88 Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other
Account Amount Account Amount
10018400.65101 $200,000
6/17/2025
Posted By: Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Due to higher than anticipated legal expenditures related to code enforcement, Staff is requesting an additional $200,000 that will be funded through the unappropriated cashflow reserve.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2024-25
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
General Fund- Code Enforcement - Professional Services
City Council's Approval Required
Attachment 7
89 STAFF REPORT
CITY COUNCIL
Agenda Item 5.4
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Introduction of an Ordinance Amending Chapter 4.04 (Business Registration) of the Dublin Municipal Code
Prepared by: Felicia Escover, Economic Development Manager EXECUTIVE SUMMARY:
The City Council will consider introducing an Ordinance amending Dublin Municipal Code Chapter 4.04, which governs the City’s business registration program. These updates are intended to improve clarity, enhance operational efficiency, and support a better customer experience for businesses. The changes are informed by best practices and a policy review conducted by Hinderliter de Llamas & Associates (HdL), as well as Staff’s experience administering the program.
STAFF RECOMMENDATION:
Waive the reading and introduce an Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business Registration.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
The City of Dublin requires all businesses operating within its jurisdiction to register in accordance with Chapter 4.04 of the Dublin Municipal Code. The Business Registration Program is administered by the Economic Development Division and includes registration for both Dublin-based businesses and businesses located outside the City that conduct operations within City limits. Registration types include commercial businesses, home occupations, massage establishments, and out-of-city businesses.
On February 18, 2025, the City Council approved a Contractor Services Agreement with Hinderliter de Llamas & Associates (HdL) for business license software and administration 90
services. HdL’s platform offers a streamlined, user-friendly interface for registration, renewal, closure, and payment functions, and includes compliance, audit, and discovery tools.
Concurrent with the implementation of the new business license software, Staff undertook a comprehensive review of the City’s business registration ordinance to identify opportunities for process improvements and code clarifications. The intent was to ensure that operational changes were supported by a modern, efficient, and enforceable policy framework. This review aligns with Goal 6 of the City Council’s adopted Economic Development Strategy (October 1, 2024): “Strengthen startup and growth opportunities for small businesses by pursuing improvements to City processes and maintaining and marketing supportive services and programs.”
Business Registration Ordinance Review
Staff began by comparing Dublin’s ordinance with those of other Tri-Valley jurisdictions.
Although each city's program structure varies, it became clear that there were opportunities to simplify and modernize Dublin’s approach. To support this effort, the City engaged HdL to conduct a formal review of Chapter 4.04 and provide an external perspective informed by industry best practices and their experience administering business license programs for more than 100 municipalities.
Based on frequent questions from businesses and observations from administering the program, Staff identified four key areas for evaluation:
Renewal Cycle
Proration of Fees
Delinquency and Penalties
Exemptions
HdL’s Ordinance Review Brief (Attachment 4) included a comparative analysis and specific recommendations for code improvements.
Proposed Changes
Staff recommends adopting the changes proposed by HdL, which include:
Transition to an Anniversary-Based Renewal Cycle: Replace the fixed October 1 renewal date with a system where businesses renew one year from their initial registration date. This will distribute workload evenly throughout the year and improve the customer experience.
Maintain Full Annual Fees Without Proration: Continue collecting full registration fees regardless of the start date, as the cost of administration remains constant throughout the year.
Adopt a Flat Penalty Structure: Replace the existing compounded 7% monthly penalty with a flat percentage (25%) applied monthly, capped at 100% of the original fee. This simplifies calculations and is easier for businesses to understand. Clarify and Streamline Exemption Categories: Limit exemptions to those required under state or federal law while encouraging voluntary registration to support business data collection.
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In addition to HdL’s recommendations, Staff is proposing further revisions based on common challenges experienced during program administration, including:
Clarified Definitions and Enforcement Language: Updates to reflect modern business practices, such as digital advertising, and expanded enforcement authority. Revocation Criteria and Amendment Process: Clear guidance for when a license may be revoked and a requirement that businesses notify the City of certain changes within seven days.
These changes aim to improve clarity, ensure consistent application, and support a more business-friendly and enforceable program.
Next Steps
If the proposed ordinance is introduced and subsequently adopted, Staff will work with HdL to incorporate the new requirements into the software system, revise internal procedures, and conduct outreach to notify impacted businesses of the changes. Updated forms, website content, and business license materials will be developed to inform businesses and ensure a smooth transition.
STRATEGIC PLAN INITIATIVE:
Strategy 1: Economic Development, Small Business Support, and Downtown Dublin Objective A: Support the implementation of the 2024 Economic Development Strategy, including pursuing growth industries.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business Registration
2) Exhibit A to the Ordinance – Amendments to Section 4.04 of the Dublin Municipal Code, Related to Business Registration
3) Amendments to Section 4.04 of the Dublin Municipal Code, Related to Business Registration – Redline Version
4) Ordinance Review Brief
92 Attachment 1
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2 ORDINANCE NO. XX – 25
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING SECTION 4.04 OF THE DUBLIN MUNICIPAL CODE, RELATED TO BUSINESS
REGISTRATION
WHEREAS, the City of Dublin requires all businesses operating within its jurisdiction to register in accordance with Chapter 4.04 of the Dublin Municipal Code; and WHEREAS, the City administers its Business Registration Program through the Office of Economic Development, including registrations for commercial businesses, home occupations, massage establishments, and out-of-city businesses operating within Dublin; and WHEREAS, on February 18, 2025, the City Council approved a Contractor Services Agreement with Hinderliter de Llamas & Associates (HdL) for business license software and administration services to replace the Energov Permitting and Licensing (EP&L) system, which had presented administrative and user experience challenges; and WHEREAS, City staff and HdL conducted a comprehensive review of Dublin Municipal Code Chapter 4.04 to identify policy updates and process improvements that align with the City's new software system, modernize operations, and enhance service delivery; and WHEREAS, the recommended amendments improve clarity, increase operational efficiency, and align the business registration program with best practices used in other jurisdictions; and
WHEREAS, the proposed amendments are consistent with Goal 6 of the City Counciladopted Economic Development Strategy to strengthen startup and growth opportunities for small businesses by pursuing improvements to City processes.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1. Chapter 4.04 of the Dublin Municipal Code is hereby amended to revise the City’s Business Registration requirements as shown in Exhibit A.
Section 2. Effective Date. This Ordinance shall take effect and be enforced 30 days following its final adoption.
Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
{Signatures on the following page}
93 Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this __th day of _______ 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
94 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION
The Dublin Municipal Code is current through Ordinance 1-25, passed February 4, 2025.
Chapter 4.04
BUSINESS REGISTRATION
Sections:
4.04.010 Purpose—Authority.
4.04.020 Definitions.
4.04.030 Registration fees—Limitations on effect of license.
4.04.040 Provisions not exclusive.
4.04.050 Business registration fee required—Exceptions.
4.04.060 Exemptions—Generally.
4.04.190 Evidence of doing business.
4.04.200 Branch establishments—Separate licenses.
4.04.205 Master license—Festival organizers.
4.04.210 License—Contents—Issuance conditions.
4.04.220 Application—First license.
4.04.225 Application—Amendments.
4.04.230 Application—Renewal license.
4.04.240 Payment—Time and method.
4.04.250 Business registration fee.
4.04.270 Denial and Revocation of license—Grounds.
4.04.280 Transferability—Change of ownership or location.
4.04.300 Posting and display of licenses.
4.04.310 Collector’s powers—Filing deadline.
4.04.320 Business registration fee—Penalty.
4.04.330 Doing business without license does not waive requirements.
4.04.340 Enforcement authority—Inspection of premises.
4.04.350 Appeal procedure.
4.04.360 Violations—Infraction.
4.04.370 Violation—Remedies cumulative.
4.04.380 First license required by October 1, 1990.
4.04.010 Purpose—Authority.
This chapter is enacted to register businesses, trades, occupations and professions in the city of Dublin solely for the purpose of regulation and is enacted pursuant to Business and Professions Code Sections 460 and 16000 and California Constitution Article XI, Section 7. (Ord. 10-90 § 1)
4.04.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Business” means and includes professions, trades and occupations, and all and every kind of calling, whether or not carried on for profit.
“City” means the city of Dublin, a municipal corporation of the state of California. “Collector” means the Finance Director or any other person the City Manager may designate to administer the business registration program.
“Engaging in business” means commencing, conducting or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
“Person” and “persons” means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, trusts, societies and individuals acting and carrying on any business in the city, other than as an employee. “Person” and “persons” shall also include the operator of a festival, fair, farmers’ market or similar event for which one person (the “organizer”) obtains required permits and licenses Attachment 2
Exhibit A to the Ordinance
95 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION
The Dublin Municipal Code is current through Ordinance 1-25, passed February 4, 2025. and which includes other persons who sell or offer to sell goods and/or food at the event (“purveyors”) through contract with the organizer or otherwise. (Ord. 11-20 § 2: Ord. 10-98 § 1; Ord. 10-90 § 2)
4.04.030 Registration fees—Limitations on effect of license.
The terms “license” and “registration,” as used herein, shall not be construed to mean a permit. The fees prescribed by Section 4.04.210 of this chapter do not constitute a tax for revenue purposes, but are regulatory fees. The payment of a business registration fee required by this chapter and its acceptance by the city, and the issuance of such license to any person, shall not entitle the holder thereof to carry on any business unless he or she has complied with all of the requirements of this chapter and all other applicable laws, nor to carry on any business in any building or any premises designated in such license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law. (Ord. 10-90 § 3)
4.04.040 Provisions not exclusive.
Persons required to pay a business registration fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license fee or permit for the privilege of doing such business required under any other ordinance of the city, and shall remain subject to the regulatory provisions of other ordinances. (Ord. 10-90 § 4)
4.04.050 Business registration fee required—Exceptions.
A. There are imposed upon the businesses, trades, professions, calling and occupations specified in this chapter business registration fees in the amounts set forth in Section 4.04.250. It is unlawful for any person to transact, carry on and/or engage in any business, trade, profession, calling or occupation in the city without first having procured a license from the city to do so and paying the prescribed business registration fee, and without complying with any and all applicable provisions of this chapter.
B. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California. Persons not so required to obtain a license prior to doing business within the city nevertheless are encouraged to comply with the reporting requirements of this chapter as set forth in Section 4.04.220. (Ord. 10-90 § 5)
4.04.060 Exemptions—Generally.
A. Any person claiming an exemption shall submit to the Collector, upon a form provided by the Collector, a request for such exemption and statement of the facts upon which exemption is claimed, and in the absence of such request and statement substantiating the claim, such person shall be liable for the payment of the fees imposed by this chapter. (Ord. 11-20 § 3: Ord. 10-90 § 6)
B. Any business that is exempt from business license fees or local regulatory licensing under federal or state law shall be exempt from local business registration fees that would otherwise apply under this program.
4.04.190 Evidence of doing business.
When any person makes use of signs, circulars, cards, telephone books or newspapers, websites, social media platforms, and advertises, holds out or represents that he or she is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny by an affidavit sworn to before a person authorized to take oaths or a declaration or certificate under penalty of perjury given to the Collector that he or she is conducting a business in the city, after being requested to do so by the Collector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city. (Ord. 11-20 § 4: Ord. 10-90 § 19)
4.04.200 Branch establishments—Separate licenses.
A separate license must be obtained for each branch establishment or location of the business transacted and carried on, and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments, and provided further that only one (1) license is required for the rental or lease of real property within the city regardless of the number of locations or units of real property being rented or leased. (Ord. 12-91 § 2) 96 Dublin Municipal Code
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4.04.205 Master license—Festival organizers.
The organizer of a festival, fair, farmers’ market or similar event shall obtain a master license for himself and all purveyors of goods and/or food who will participate in the event. No individual purveyors shall be required to obtain a separate license. (Ord. 10-98 § 2)
4.04.210 License—Contents—Issuance conditions.
Every person required to have a license under the provisions of this chapter shall make application as hereinafter prescribed for the same to the Collector, and upon the payment of the prescribed business registration fee, the Collector shall issue to such person a license, which shall contain the following information:
A. The name of the person to whom the license is issued; B. The name of the business licensed;
C. The place where such business is to be transacted and carried on; D. The date of the expiration of such license; and
E. Such other information as may be necessary for the enforcement of the provisions of this chapter. (Ord. 10-90 § 21)
4.04.220 Application—First license.
A. Upon a person making application for the first license to be issued under this chapter, or for a newly established business, such person shall furnish to the Collector, upon a form provided by the Collector, the following information:
1. The exact nature or kind of business for which a license is requested;
2. The place where such business is to be carried on, along with all required documentation confirming approval to operate at that site, and if the business is not to be conducted at a permanent place of business, the residential addresses of the business owners shall also be provided;
3. In the event that application is made for issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of business of those owning the business;
4. In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of business of the officers or partners thereof;
5. For established and operating businesses: the daily average number of employees employed in furtherance of the business being licensed during the ninety (90) day period preceding the date of application. For new businesses:
the daily average number of employees anticipated to be employed to conduct the business during the ninety (90) day period following the date of the application;
6. In the event the application is made for issuance of a master license to a festival organizer, the application shall set forth the names and addresses of all purveyors, and the goods and/or food to be purveyed;
7. Any further information which the Collector may require to enable him or her to issue the license.
B. The Collector shall not issue to any such person another license for the same or any other business until such person has furnished to him or her the information required by subsection A of this section and paid the business registration fee as herein required. (Ord. 11-20 § 5: Ord. 10-98 § 3; Ord. 10-90 § 22) 97 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION
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4.04.225 Application—Amendments.
A. If any information provided in the application filed with the city changes, or if the business ceases operations, the applicant shall report these changes to the city within seven days of such changes or cessation..
B. Amendments shall not be used to change the business location or ownership. Any such changes must follow the procedures outlined in Section 4.04.280.
4.04.230 Application—Renewal license.
A. The applicant for the renewal of a license shall submit to the Collector, on or before the expiration date of the license, the applicable renewal fee and, on a form provided by the Collector, the information described in Section
4.04.220. (Ord. 11-20 § 6: Ord. 10-90 § 23)
B. All licenses shall be valid through the last day of the month preceding the one-year anniversary of the date of issuance, unless revoked, suspended, or otherwise subject to a different expiration period under the terms of the individual license.
4.04.240 Payment—Time and method.
Unless otherwise specifically provided, all annual business registration fees under the provisions of this chapter shall be due and payable in advance on the first day of October of each year. (Ord. 10-90 § 24)
4.04.250 Business registration fee.
The business registration fees, which are found to be commensurate with the cost of issuance of the license, shall be as fixed by the City Council by resolution. (Ord. 2-18 § 1(A): Ord. 10-98 § 4: Ord. 10-90 § 25)
4.04.270 Denial and Revocation of license—Grounds.
A business license may be denied or revoked by the Collector for any of the following causes:
A. The application is incomplete, not submitted on the required form, or contains materially false information; B. The applicant or licensee has failed to comply with the requirements of this chapter or other applicable provisions of the Dublin Municipal Code, including but not limited to zoning, land use, or building regulations; C. The business premises or associated vehicle is unsafe, inadequate, or noncompliant with applicable laws or codes;
D. The applicant or licensee has outstanding administrative citations or unresolved code violations; E. The business would interfere with or unreasonably obstruct the free flow of vehicular traffic, or with other means of travel on any public street, or with pedestrian traffic on the sidewalks; F. Required permits from the City or other agencies have not been obtained; or G. The proposed or ongoing business activity violates local, state, or federal law or will interfere with the preservation of the public peace, health, safety or welfare of the public. (Ord. 10-90 § 27)
4.04.280 Transferability—Change of ownership or location.
No license issued pursuant to this chapter shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor, have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business is or is to be moved. Provided further, that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer shall not be prohibited by this section, provided application is made for transfer of the license and a fee to the Collector in an amount as fixed by the City Council by resolution. (Ord. 2-18 § 1(C): Ord. 12-91 § 3; Ord. 10-90 § 28)
4.04.300 Posting and display of licenses.
A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on. 98 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION
The Dublin Municipal Code is current through Ordinance 1-25, passed February 4, 2025.
B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his or her person or in the vehicle used for the business at all times while transacting and carrying on the business for which it is issued. (Ord. 10-90 § 30)
4.04.310 Collector’s powers—Filing deadline.
A. In addition to all other power conferred upon him, the Collector shall have the power, for good cause shown, to extend the time for filing any required application for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued.
B. For the purposes of regulation under this chapter, the Collector shall also have the power to determine whether or not a person is engaged in business in the city when such question arises as a result of an occasional or a single isolated transaction during the course of one (1) or more calendar years. (Ord. 11-20 § 7: Ord. 10-90 § 31)
4.04.320 Business registration fee—Penalty.
A. A penalty of twenty-five percent (25%) of the unpaid business registration fee shall be added for each month or portion thereof that the fee remains unpaid, beginning thirty (30) days after the license’s expiration date. Penalties shall continue to accrue monthly at this rate, up to a maximum total penalty equal to one hundred percent (100%) of the original registration fee.
B. In addition, on the first day of each month that the registration fee remains unpaid, interest in the amount of
1.5% of the delinquent amount excluding penalties and previously accrued interest shall be added to the amount due.
C. The amount of any business registration fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the city but may be reduced or waived, in the discretion of the Collector or on appeal, where appropriate. An action may be commenced in the name of the city in any court of competent jurisdiction for collection of such amounts. (Ord. 12-91 § 6)
4.04.330 Doing business without license does not waive requirements.
The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any fee due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution of any violation of the provisions of this chapter. (Ord. 10-90 § 33)
4.04.340 Enforcement authority—Inspection of premises.
A. It shall be the duty of the Collector, and they are hereby directed, to enforce each and all of the provisions of this chapter, and Collector or designees shall render such assistance in the enforcement hereof as may from time to time be required by the Collector.
B. The Collector, in the exercise of the duties imposed upon him or her hereunder, and acting through his or her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with. Absent consent to enter the premises, the Collector shall request the City Attorney to obtain the necessary judicial authority for entry and inspection.
C. The Collector, and each and all of their designees and peace officers shall have the power and authority (upon obtaining an inspection warrant therefor) to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license. Any person having such license theretofore issued, in his or her possession or under control, who willfully fails to exhibit the same on demand, is guilty of an infraction, and subject to the penalties provided for by the provisions of this chapter. (Ord. 12-91 § 5; Ord. 10-90 § 34)
4.04.350 Appeal procedure.
Any person aggrieved by any decision of the Collector with respect to the issuance, refusal, or revocation of such license may appeal to the City Manager pursuant to the provisions of Section 1.04.050 of this code. (Ord. 10-90 § 35)
4.04.360 Violations—Infraction.
Violation of the provisions of this chapter shall be an infraction. Upon determination by the Collector or any other city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an 99 Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION
The Dublin Municipal Code is current through Ordinance 1-25, passed February 4, 2025. administrative citation that may result in administrative fines in accordance with Chapter 1.06 of the Dublin Municipal Code. (Ord. 10-90 § 36)
4.04.370 Violation—Remedies cumulative.
All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. 10-90 § 37)
4.04.380 First license required by October 1, 1990.
Notwithstanding the provisions of Sections 4.04.240 and 4.04.260, no license shall be required under this chapter and no business registration fee shall be due until October 1, 1990. (Ord. 10-90 § 39) 100
Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION
Chapter 4.04
BUSINESS REGISTRATION
Sections:
4.04.010 Purpose—Authority.
4.04.020 Definitions.
4.04.030 Registration fees—Limitations on effect of license.
4.04.040 Provisions not exclusive.
4.04.050 Business registration fee required—Exceptions.
4.04.060 Exemptions—Generally.
4.04.070 Exemptions—Agriculture.
4.04.080 Exemptions—Attorneys.
4.04.090 Exemptions—Banks.
4.04.100 Exemptions—Benefit activities.
4.04.110 Exemptions—Charitable purposes.
4.04.120 Exemptions—Disabled veterans.
4.04.130 Exemptions—Federal and state entities.
4.04.140 Exemptions—Insurance companies.
4.04.150 Exemptions—Inter-city freight carriers.
4.04.160 Exemptions—Nonprofit activities.
4.04.170 Exemptions—Part-time occupations.
4.04.180 Exemptions—Miscellaneous.
4.04.190 Evidence of doing business.
4.04.200 Branch establishments—Separate licenses.
4.04.205 Master license—Festival organizers.
4.04.210 License—Contents—Issuance conditions.
4.04.220 Application—First license.
4.04.225 Application—Amendments.
4.04.230 Application—Renewal license.
4.04.240 Payment—Time and method.
4.04.250 Business registration fee.
4.04.270 Denial and Revocation of license—Grounds.
4.04.280 Transferability—Change of ownership or location.
4.04.290 Duplicate license.
4.04.300 Posting and display of licenses.
4.04.310 Collector’s powers—Filing deadline.
4.04.320 Business registration fee—Penalty.
4.04.330 Doing business without license does not waive requirements.
4.04.340 Enforcement authority—Inspection of premises.
4.04.350 Appeal procedure.
4.04.360 Violations—Infraction.
4.04.370 Violation—Remedies cumulative.
4.04.380 First license required by October 1, 1990.
4.04.010 Purpose—Authority.
This chapter is enacted to register businesses, trades, occupations and professions in the city of Dublin solely for the purpose of regulation and is enacted pursuant to Business and Professions Code Sections 460 and 16000 and California Constitution Article XI, Section 7. (Ord. 10-90 § 1)
4.04.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
Attachment 3
101
Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION
“Business” means and includes professions, trades and occupations, and all and every kind of calling, whether or not carried on for profit.
“City” means the city of Dublin, a municipal corporation of the state of California. “Collector” means the Finance Director or any other person the City Manager may designate to administer the business registration program.
“Engaging in business” means commencing, conducting or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business.
“Person” and “persons” means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, trusts, societies and individuals acting and carrying on any business in the city, other than as an employee. “Person” and “persons” shall also include the operator of a festival, fair, farmers’ market or similar event for which one person (the “organizer”) obtains required permits and licenses and which includes other persons who sell or offer to sell goods and/or food at the event (“purveyors”) through contract with the organizer or otherwise. (Ord. 11-20 § 2: Ord. 10-98 § 1; Ord. 10-90 § 2)
4.04.030 Registration fees—Limitations on effect of license.
The terms “license” and “registration,” as used herein, shall not be construed to mean a permit. The fees prescribed by Section 4.04.210 of this chapter do not constitute a tax for revenue purposes, but are regulatory fees. The payment of a business registration fee required by this chapter and its acceptance by the city, and the issuance of such license to any person, shall not entitle the holder thereof to carry on any business unless he or she has complied with all of the requirements of this chapter and all other applicable laws, nor to carry on any business in any building or any premises designated in such license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law. (Ord. 10-90 § 3)
4.04.040 Provisions not exclusive.
Persons required to pay a business registration fee for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license fee or permit for the privilege of doing such business required under any other ordinance of the city, and shall remain subject to the regulatory provisions of other ordinances. (Ord. 10-90 § 4)
4.04.050 Business registration fee required—Exceptions.
A. There are imposed upon the businesses, trades, professions, calling and occupations specified in this chapter business registration fees in the amounts set forth in Section 4.04.250. It is unlawful for any person to transact, carry on and/or engage in any business, trade, profession, calling or occupation in the city without first having procured a license from the city to do so and paying the prescribed business registration fee, and without complying with any and all applicable provisions of this chapter.
B. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California. Persons not so required to obtain a license prior to doing business within the city nevertheless are encouraged to comply with the reporting requirements of this chapter as set forth in Section 4.04.220. (Ord. 10-90 § 5)
4.04.060 Exemptions—Generally.
A. Any person claiming an exemption to Sections 4.04.070 through 4.04.180 shall submit to the Collector, upon a form provided by the Collector, a request for such exemption and statement of the facts upon which exemption is claimed, and in the absence of such request and statement substantiating the claim, such person shall be liable for the payment of the fees imposed by this chapter. (Ord. 11-20 § 3: Ord. 10-90 § 6) B. Any business that is exempt from business license fees or local regulatoryion licensing under federal or state law shall be exempt from local business registration fees that would otherwise apply under this program. 102
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4.04.070 Exemptions—Agriculture.
The provisions of this chapter shall not require the payment of a business registration fee on the business of agriculture, except for the retail activities conducted in connection therewith. (Ord. 10-90 § 7)
4.04.080 Exemptions—Attorneys.
The provisions of this chapter shall not apply to any natural person licensed to practice law in the state of California when such a person is practicing law. (Ord. 12-91 § 1)
4.04.090 Exemptions—Banks.
The provisions of this chapter shall not apply to any state or national bank which pays an “in lieu” tax provided for in Article 13, Section 27 of the California Constitution. (Ord. 10-90 § 9)
4.04.100 Exemptions—Benefit activities.
The provisions of this chapter shall not require the payment of a business registration fee for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, benevolent or moral subjects within the city whenever all the gross receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school, or to any benevolent purpose within the city. (Ord. 10-90 § 10)
4.04.110 Exemptions—Charitable purposes.
The provisions of this chapter shall not require the payment of a business registration fee to conduct, manage or carry on any business, occupation or activity by any organization which qualifies for tax exemption under Internal Revenue Code Section 501(c). (Ord. 10-90 § 11)
4.04.120 Exemptions—Disabled veterans.
Any veteran who is unable to obtain a livelihood by manual labor due to any physical disability may obtain a license to hawk or peddle any goods, wares or merchandise without payment of any business registration fee, by applying to the Collector and producing a certificate from a duly licensed physician showing the applicant to be physically disabled, evidence of being a legal voter of the state, and a copy of an honorable discharge. (Ord. 10-90 § 12)
4.04.130 Exemptions—Federal and state entities.
Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business on behalf of any agency, department or political subdivision of the United States or of the state of California. (Ord. 10-90 § 13)
4.04.140 Exemptions—Insurance companies.
The provisions of this chapter shall not apply to any insurer which pays an “in lieu” tax provided for in Article 13, Section 28 of the California Constitution. As used herein, “insurer” does not include insurance brokers. (Ord. 10-90 § 14)
4.04.150 Exemptions—Inter-city freight carriers.
The provisions of this chapter shall not apply to inter-city freight carriers who are paying an in-lieu tax to the state under the Highway Carriers Uniform Business License Tax Act; provided, however, this exemption shall not be deemed to prohibit the levying of any excise or license tax authorized pursuant to Division 2 of the Revenue and Taxation Code of the state. (Ord. 10-90 § 15)
4.04.160 Exemptions—Nonprofit activities.
A. The provisions of this chapter shall not require the payment of a business registration fee for the conducting of any entertainment, dance, concert, exhibition or lecture by any benevolent, charitable, fraternal, educational, military, state, county or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by an individual.
B. No license under this chapter shall be required of any nonprofit institution, corporation, organization or association organized or conducted for nonprofit purposes only, when the receipts derived are to be wholly for the benefit of such organization and not in whole or in part for the private gain of any person. This exemption shall not apply to promoters employed by such nonprofit institutions, corporations, organizations or associations. (Ord. 10-90 § 16)
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4.04.170 Exemptions—Part-time occupations.
The provisions of this chapter shall not apply to any natural person under the age of eighteen or over the age of sixty-five (65) engaged in any part-time occupation, or any person who performs manual labor only, on an hourly or other time basis, and who furnishes only such tools and incidentals as may be required in the performance of such manual labor. (Ord. 10-90 § 17)
4.04.180 Exemptions—Miscellaneous.
The provisions of this chapter shall not apply to the following:
A. Cafe musicians, as defined in Business and Professions Code Section 16000.5.
B. Commercial travelers, as defined and described in Business and Professions Code Section 16002.
C. Real estate auctioneers, as defined and described in Business and Professions Code Section 16002.1.
D. Persons renting, leasing or operating laundry equipment which is not coin-operated laundry equipment owned and operated by a retail establishment providing coin-operated laundry equipment for general public use.
E. Persons renting, leasing, or operating coin-operated vending machines. (Ord. 10-90 § 18)
4.04.190 Evidence of doing business.
When any person makes use of signs, circulars, cards, telephone books or newspapers, websites, social media platforms, and advertises, holds out or represents that he or she is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny by an affidavit sworn to before a person authorized to take oaths or a declaration or certificate under penalty of perjury given to the Collector that he or she is conducting a business in the city, after being requested to do so by the Collector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city. (Ord. 11-20 § 4: Ord. 10-90 § 19)
4.04.200 Branch establishments—Separate licenses.
A separate license must be obtained for each branch establishment or location of the business transacted and carried on, and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments, and provided further that only one (1) license is required for the rental or lease of real property within the city regardless of the number of locations or units of real property being rented or leased. (Ord. 12-91 § 2)
4.04.205 Master license—Festival organizers.
The organizer of a festival, fair, farmers’ market or similar event shall obtain a master license for himself and all purveyors of goods and/or food who will participate in the event. No individual purveyors shall be required to obtain a separate license. (Ord. 10-98 § 2)
4.04.210 License—Contents—Issuance conditions.
Every person required to have a license under the provisions of this chapter shall make application as hereinafter prescribed for the same to the Collector, and upon the payment of the prescribed business registration fee, the Collector shall issue to such person a license, which shall contain the following information:
A. The name of the person to whom the license is issued; B. The name of the business licensed;
C. The place where such business is to be transacted and carried on; D. The date of the expiration of such license; and
E. Such other information as may be necessary for the enforcement of the provisions of this chapter. (Ord. 10-90 § 21)
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4.04.220 Application—First license.
A. Upon a person making application for the first license to be issued under this chapter, or for a newly established business, such person shall furnish to the Collector, upon a form provided by the Collector, the following information:
1. The exact nature or kind of business for which a license is requested;
2. The place where such business is to be carried on, along with all required documentation confirming approvaling to operate operations at that site, and if the same business is not to be conducted at a permanent place of business, is not to be carried on at any permanent place of business, the residential addresses of the places of residence of the business owners of sameshall also be provided;
3. In the event that application is made for issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of business of those owning the business;
4. In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of business of the officers or partners thereof;
5. For established and operating businesses: the daily average number of employees employed in furtherance of the business being licensed during the ninety (90) day period preceding the date of application. For new businesses:
the daily average number of employees anticipated to be employed to conduct the business during the ninety (90) day period following the date of the application;
6. In the event the application is made for issuance of a master license to a festival organizer, the application shall set forth the names and addresses of all purveyors, and the goods and/or food to be purveyed;
7. Any further information which the Collector may require to enable him or her to issue the license.
B. The Collector shall not issue to any such person another license for the same or any other business until such person has furnished to him or her the information required by subsection A of this section and paid the business registration fee as herein required. (Ord. 11-20 § 5: Ord. 10-98 § 3; Ord. 10-90 § 22)
4.04.225 Application—Amendments.
A. If any information provided in the application on filed with the city changes, or if the business ceases operations, the applicant shall report these changes to the city within seven days of theirsuch changes or cessation. occurrence.
B. Amendments mayshall not be used to change the business location or ownership. Any sSuch changes must follow the proceduresess outlined in Section 4.04.280.
4.04.230 Application—Renewal license.
A. The applicant for the renewal of a license shall submit to the Collector, on or before the expiration date of the license, the applicable renewal fee and, on a form provided by the Collector, the information described in October 1st of each year, the correct amount of fee and, upon a form provided by the Collector, the information described in Section 4.04.220. (Ord. 11-20 § 6: Ord. 10-90 § 23)
B. All licenses shall be valid through the last day of the month preceding the one-year anniversary of the date of issuance, unless revoked, suspended, or otherwise subject to a different expiration period under the terms of the individual license.
4.04.240 Payment—Time and method.
Unless otherwise specifically provided, all annual business registration fees under the provisions of this chapter shall be due and payable in advance on the first day of October of each year. (Ord. 10-90 § 24)
4.04.250 Business registration fee.
The business registration fees, which are found to be commensurate with the cost of issuance of the license, shall be as fixed by the City Council by resolution. (Ord. 2-18 § 1(A): Ord. 10-98 § 4: Ord. 10-90 § 25) 105
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4.04.270 Denial and Revocation of license—Grounds.
A business license or renewal of a license may be denied or revoked by the Collector for any of the following causes:
A. The application is incomplete, not submitted on the required form provided, or does not contain the required information;
B. The application contains materially false information; CB. The applicant or licensee has failed to comply with the requirements of this chapter or other applicable provisions of the Dublin Municipal Code, including but not limited to zoning, land use, or building regulationsNoncompliance with requirements of this chapter; C. The business premises or associated vehicle is unsafe, inadequate, or noncompliant with applicable laws or codes;
D. The applicant or licensee has outstanding administrative citations or unresolved code violations; EE. The business would interfere with or unreasonably obstruct the free flow of vehicular traffic, or with other means of travel on any public street, or with pedestrian traffic on the sidewalks; FF. Required permits from the City or other agencies have not been obtainedAppropriate permits for the business have not been obtained from the city; or
GG. The conduct of the business or activity will be contrary to law; or H. The conduct of the business orproposed or ongoing business activity violates local, state, or federal law or will interfere with the preservation of the public peace, health, safety or welfare of the public. (Ord. 10-90 § 27)
4.04.280 Transferability—Change of ownership or location.
No license issued pursuant to this chapter shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor, have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business is or is to be moved. Provided further, that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer shall not be prohibited by this section, provided application is made for transfer of the license and a fee to the Collector in an amount as fixed by the City Council by resolution. (Ord. 2-18 § 1(C): Ord. 12-91 § 3; Ord. 10-90 § 28)
4.04.290 Duplicate license.
A duplicate license may be issued by the Collector to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing a statement of such fact, and at the time of filing such statement paying to the Collector a duplicate license fee in an amount as fixed by the City Council by resolution. (Ord. 2-18 § 1(D): Ord. 12-91 § 4; Ord. 10-90 § 29)
4.04.300 Posting and display of licenses.
A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on.
B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his or her person or in the vehicle used for the business at all times while transacting and carrying on the business for which it is issued. (Ord. 10-90 § 30) 106
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4.04.310 Collector’s powers—Filing deadline.
A. In addition to all other power conferred upon him, the Collector shall have the power, for good cause shown, to extend the time for filing any required application for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued.
B. For the purposes of regulation under this chapter, the Collector shall also have the power to determine whether or not a person is engaged in business in the city when such question arises as a result of an occasional or a single isolated transaction during the course of one (1) or more calendar years. (Ord. 11-20 § 7: Ord. 10-90 § 31)
4.04.320 Business registration fee—Penalty.
A. A penalty of twenty-five percent (25%) of the unpaid business registration fee shall be added for each month or portion thereof that the fee remains unpaid, beginning thirty (30) days after the license’s expiration date. Penalties shall continue to accrue monthly at this rate, up to a maximum total penalty equal to one hundred percent (100%) of the original registration fee.
B. In addition, on the first day of each month that the registration fee remains unpaid, interest in the amount of
1.5% of the delinquent amount excluding penalties and previously accrued interest shall be added to the amount due.
A penalty in the amount of seven percent (7%) compounded monthly of any delinquent business registration fee shall accrue on the thirtieth day following the due date of any business registration fee, up to a maximum penalty equal to the amount of the business registration fee.
C. The amount of any business registration fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the city but may be reduced or waived, in the discretion of the Ccollector or on appeal, where appropriate. An action may be commenced in the name of the city in any court of competent jurisdiction for collection of such amounts. (Ord. 12-91 § 6)
4.04.330 Doing business without license does not waive requirements.
The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any fee due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution of any violation of the provisions of this chapter. (Ord. 10-90 § 33)
4.04.340 Enforcement authority—Inspection of premises.
A. It shall be the duty of the Collector, and he or shethey is are hereby directed, to enforce each and all of the provisions of this chapter, and the zoning investigator Collector or designees shall render such assistance in the enforcement hereof as may from time to time be required by the Collector.
B. The Collector, in the exercise of the duties imposed upon him or her hereunder, and acting through his or her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with. Absent consent to enter the premises, the Collector shall request the City Attorney to obtain the necessary judicial authority for entry and inspection.
C. The Collector, and each and all of his or hertheir assistants and any police officer,designees and peace officers shall have the power and authority (upon obtaining an inspection warrant therefor) to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license.
Any person having such license theretofore issued, in his or her possession or under control, who wilfullywillfully fails to exhibit the same on demand, is guilty of an infraction, and subject to the penalties provided for by the provisions of this chapter. (Ord. 12-91 § 5; Ord. 10-90 § 34)
4.04.350 Appeal procedure.
Any person aggrieved by any decision of the Collector with respect to the issuance, or refusal, or revocation to issueof such license may appeal to the City Manager pursuant to the provisions of Section 1.04.050 of this code. (Ord. 10-90 § 35)
4.04.360 Violations—Infraction.
Violation of the provisions of this chapter shall be an infraction. Upon determination by the Collector or any other city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an 107
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administrative citation that may result in administrative fines in accordance with Chapter 1.06 of the Dublin Municipal Code. (Ord. 10-90 § 36)
4.04.370 Violation—Remedies cumulative.
All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. 10-90 § 37)
4.04.380 First license required by October 1, 1990.
Notwithstanding the provisions of Sections 4.04.240 and 4.04.260, no license shall be required under this chapter and no business registration fee shall be due until October 1, 1990. (Ord. 10-90 § 39) 108
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SUBMITTED BY
HdL Companies
120 S. State College Blvd., Ste 200
Brea, CA 92821
hdlcompanies.com
CONTACT
Eric Myers
T: (424) 228-8517 Ext. 1022
E: [email protected]
May 8, 2025
Business License Registration:
Ordinance Review Brief
Dublin
City of
Attachment
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DUBLIN ORDINANCE REVIEW TABLE OF CONTENTS
Introduction ..................................................................................................................... 1 Methodology.................................................................................................................... 1 Summary of Findings and Recommendations................................................................. 1 A. Exemptions ............................................................................................................. 1 B. Renewal Cycle ........................................................................................................ 2 C. Pro-ration of Fees ................................................................................................... 2 D. Penalties ................................................................................................................. 3 110
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Introduction
This brief outlines key findings and recommendations from HDL Companies’ review of the City of Dublin’s business registration ordinance. The recommendations presented aim to support the City in ensuring comprehensive compliance, effective enforcement, and streamlined service delivery to the business community.
Overview of Areas Analyzed
Exemptions
Renewal Cycle
Pro-ration of Fees
Penalties
Methodology
Our approach included:
A review of procedures established for administration as set forth in the Dublin’s municipal code.
A comparative analysis with three cities Palo Alto, Lodi, and Glendale selected for their use of business registration programs and relevance in terms of size, structure, and policy model.
The identification of best practices in each area, informed by HDL’s experience supporting over 100 jurisdictions with business license compliance and tax administration, and industry standards.
Summary of Findings and Recommendations
A. Exemptions
Summary of Current Provisions
Dublin exempts several categories from paying the business registration fee, including banks, insurers, attorneys, nonprofit organizations, state/federal agencies, and individuals with limited or low-income business activity. While some exemptions follow legal requirements, others are based on occupation or purpose. Notably, exempt entities are not required to register, though the City encourages voluntary compliance for data and tracking purposes.
Comparison Highlights
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Palo Alto provides exemptions for home-based businesses, nonprofits with fewer than one FTE, and transitory vendors. Registration is not required for exempt groups. Lodi allows exemptions for certain nonprofit, veteran, or low-income home-based activities, but requires registration/payment for paid contractors. Glendale: Requires most businesses, including nonprofits, to register. Exemptions are linked to land use rather than organization type.
General Recommendations
Exempt businesses as required under state and federal law, and streamline the code language to clearly and concisely cover these exemptions. Examples includes but are not limited to Nonprofit organizations with 501 (C) (3) status, banking institutions, attorneys or public agencies, depending on the applicable legal frameworks.
B. Renewal Cycle
Summary of Current Provisions
Dublin currently uses a fixed renewal deadline for all businesses—October 1st each year.
Regardless of the registration date, all businesses must renew by this single date and submit updated business information along with the annual registration fee.
Comparison Highlights
Palo Alto: Fixed annual renewal due by March 31.
Lodi: Annual renewal due January 1, with delinquency starting February 1. Glendale: Uses an anniversary-based renewal system—each registration is valid for one year from issuance.
General Recommendations
Transition to an anniversary-based renewal cycle, where each business renews one year from its original registration date.
This model spreads renewals throughout the year, reducing administrative bottlenecks.
Should the City choose to adopt this model, a transitional strategy can be implemented to phase in the change for existing businesses over time.
C. Pro-ration of Fees
Summary of Current Provisions
Dublin currently does not offer pro-ration. Businesses must pay the full annual fee regardless of when they begin operations.
Comparison Highlights
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Neither Glendale, Palo Alto and Lodi currently offer pro-rated fees.
General Recommendations
If Dublin adopts the anniversary-based renewal model, each business will already receive a full year of coverage from its registration date. As such, a pro-ration policy would not be necessary and could be avoided for administrative simplicity.
Furthermore, prorating a fee whose purpose is to cover the cost of the registration would be counterproductive because the cost of registration processing is the same no matter when the registration is completed in the year.
D. Penalties
Summary of Current Provisions
Dublin applies a 7% penalty, compounded monthly, on late payments starting 30 days after the due date, up to a maximum of 100% of the original fee.
Comparison Highlights
Palo Alto uses a flat fee model for delinquencies. A $25 late fee is applied to payments received after April 30, with an additional $25 fee applied to those received after May 30.
There is no compounding or percentage-based penalty, and no explicit cap is needed under this structure. However, there is no reference to reapplication requirements for businesses that remain noncompliant for an extended period. Lodi does not have a separate business license penalty structure detailed in its business registration provisions. Instead, it relies on its general penalty ordinance, which classifies violations as infractions subject to escalating fines: $100 for the first offense, increasing for repeat violations. There is also no administrative reapplication process outlined for prolonged delinquency.
Glendale, notably, does not impose a specific monetary penalty for late renewals.
Instead, any registration not renewed within 30 days before expiration is automatically deemed expired, and the business must submit a new application to continue operating.
General Recommendations
We recommend that the City of Dublin adopt a standard delinquency penalty structure that applies a flat percentage each month to the unpaid fee, with penalties accruing until they reach a 100% cap of the original registration amount. This method aligns with structured financial penalties that are common among municipalities, is straightforward to administer, is easy for businesses to understand, and ensures that the full penalty is assessed within a defined timeframe.
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We do not recommend requiring businesses to reapply after a period of delinquency.
Instead, maintaining the original registration and treating the outstanding amount as a debt owed to the City ensures continuity, avoids duplicate records, and streamlines enforcement.
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STAFF REPORT
CITY COUNCIL
Agenda Item 5.5
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Park Improvement Agreement for Dublin Centre Development Prepared by: Bridget Amaya, Assistant Parks and Community Services Director
EXECUTIVE SUMMARY:
The City Council will consider an Improvement Agreement with KL LB Buy 2 LLC and Landsea Homes of California, LLC to construct a 2.01-acre neighborhood park as identified in the Eastern Dublin Specific Plan within the Dublin Centre development, formerly called SCS Dublin.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Improvement Agreement for a Neighborhood Park Site Within the Dublin Centre Development.
FINANCIAL IMPACT:
The Developer will bear all costs associated with the agreement, with the park being developed in accordance with the City’s requirement for land dedication and park improvement. The Developer will be granted fee credits in the Neighborhood Park Improvement Fee category under the Public Facilities Fee Program.
DESCRIPTION:
KL LB Buy 2, LLC owns certain real property, and Landsea Homes of California, LLC operates as the developer. The property consists of 54.1 acres of land located north of Dublin Boulevard between Tassajara Road and Brannigan Street and extends to the north of Gleason Drive (APNs 985-0051-006-00, 985-0052-024-00, and 985-0052-025-00), on which it has approvals for 500 residential units (367 multi-family attached units and 133 detached single-family units), approximately 30,000 square feet of retail commercial uses, along with infrastructure, and related improvements.
Landsea dedicated a 2.01-acre neighborhood park within Parcels P and T of the Final Map of 115
Tract 8449 PA-2 North, and Parcels A and B of the Final Map of Tract 8452 PA-3, as a project condition of approval. The future park runs from Finnian Way to Gleason Drive as shown in Figure 1. The dedication satisfies Neighborhood Parkland dedication obligations, and Landsea has received Neighborhood Parkland fee credits under the City’s Public Facilities Fee (PFF) program.
Figure 1. Park Location
Landsea is now requesting to develop the 2.01-acre neighborhood park by completing the improvements being credited against the City’s Neighborhood Park Improvement Fee under the PFF Program. The estimated construction cost for the improvements, as adjusted for inflation, is agreed to be $1,834,591.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report was provided to the Developer, and the City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Improvement Agreement for a Neighborhood Park Site Within the Dublin Centre Development
2) Exhibit A to the Resolution – Improvement Agreement for a Neighborhood Park Site Within the Dublin Centre Development
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Attachment 1
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2 RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT FOR A NEIGHBORHOOD PARK SITE
WITHIN THE DUBLIN CENTRE DEVELOPMENT
WHEREAS, KL LB Buy 2, LLC owns certain real property and Landsea Homes of California, LLC is the developer (‘the Property”) consisting of approximately 54.1 acres of land, located in the City of Dublin, County of Alameda, north of Dublin Boulevard between Tassajara Road and Brannigan Street, and extends to the north of Gleason Drive (APNs 985-0051-006-00, 985-0052-024-00, and 985-0052-025-00) on which it is pursuing a residential and commercial development project (the Project”); and
WHEREAS, in pursuit of the Project, Landsea has sought and obtained approval of a Vesting Tentative Map for Tract Nos. 8449, 8452, 8677, and 8683, and was approved by Planning Commission Resolution No. 24-02 on February 13, 2024; and WHEREAS, the Vesting Tentative Map requires Landsea to dedicate 2.01-acre neighborhood park to the City for which it will receive Neighborhood Park credits under the City’s Public Facilities Fee Program; and
WHEREAS, Landsea will design and develop the 2.01-acre neighborhood park with the cost of completing the improvements being credited against the City’s Neighborhood Park Improvement fee credits under the City’s Public Facilities Fee Program, as specified in the Agreement; and
WHEREAS, upon completion, Landsea will dedicate the park improvements to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve an Improvement Agreement for the neighborhood park site within the Dublin Centre Development, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the following page}
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Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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1 IMPROVEMENT AGREEMENT FOR
THE GRAND PASEO NEIGHBORHOOD PARK SITE
WITHIN THE DUBLIN CENTRE DEVELOPMENT (FORMERLY SCS DUBLIN) THIS IMPROVEMENT AGREEMENT (this “Agreement”) is made and entered in the City of Dublin on this June 17, 2025 (“Effective Date”) by and among THE CITY OF DUBLIN, a Municipal Corporation (hereafter “CITY”), LANDSEA HOMES OF CALIFORNIA, LLC, a Delaware limited liability company (hereafter “DEVELOPER”) and KL LB BUY 2 LLC, a Delaware limited liability company (hereafter “OWNER”). CITY, DEVELOPER and OWNER are hereinafter collectively referred to as the “Parties.” WITNESSETH:
WHEREAS, OWNER owns certain real property consisting of approximately 54.1 acres of land, located in the City of Dublin, County of Alameda (APNs 985-0051-006-00, 985-0052- 024-00, and 985-0052-025-00), as more particularly described in Exhibit A attached hereto (the “Property”), and OWNER has granted DEVELOPER an option to purchase the Property pursuant to the terms of that certain Option Agreement between OWNER and DEVELOPER dated May 22, 2024, as amended; and
WHEREAS, DEVELOPER has sought and obtained approval of a Vesting Tentative Map (Tract Nos. 8449, 8452, 8677 and 8683) (the “Vesting Tentative Map”); and is subject to a Development Agreement entered into with the CITY, dated December 6, 2022 as Instrument No. 2023005968 of the Official Records of Alameda County; and WHEREAS, the approval of the Vesting Tentative Map authorizes DEVELOPER to develop the Property to include approximately five hundred (500) residential dwelling units, comprised of three hundred sixty-seven (367) multi-family attached units and one hundred thirtythree (133) detached single family units, along with infrastructure and related improvements (the “Project”); and
WHEREAS, CITY and DEVELOPER now desire that DEVELOPER design and develop the 2.01 acre Neighborhood Park, with the DEVELOPER’s cost for completing the improvements being credited against the City’s Park Improvement Impact Fees, in accordance with the City’s City of Dublin Consolidated Impact Fee Administrative Guidelines, dated February 2024 (the “Guidelines”); and
WHEREAS, DEVELOPER will design and construct the improvements on the Neighborhood Park (as defined below) (hereinafter called “Park Improvements”) and will dedicate the Park Improvements to the CITY (for the avoidance of doubt, the Park Improvements do not include the PA-2 and PA-3 ROW Improvements (as defined below)); and WHEREAS, DEVELOPER is currently obtaining building permits with the CITY and subsequent to obtaining approval will build improvements in the existing and future public rights of way (collectively, the “PA-2 and PA-3 ROW Improvements”) directly adjacent to the Neighborhood Park limits, consistent with the Vesting Tentative Map and Improvement Plans for Attachment 2
Exhibit A to the Resolution
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2 Tassajara Road, Gleason Drive, Central Parkway, Dublin Boulevard, and Brannigan Street (“Dublin Centre Off-Site Improvements”), and Tract 8452 The Dublin Centre (PA-3) and Tract 8449 (PA-2 North) (collectively “Dublin Centre On-Site Improvements”); and WHEREAS, DEVELOPER agrees to satisfactorily complete the Park Improvements within the time hereafter specified, and CITY agrees to accept DEVELOPER’s and/or OWNER’s offer of dedication of the Neighborhood Park and Park Improvements in consideration for DEVELOPER's satisfactory performance of the terms and conditions of this Agreement; and NOW, THEREFORE, CITY, OWNER and DEVELOPER agree as follows:
1. Land Dedication. As set forth in the Vesting Tentative Map, the DEVELOPER and/or OWNER shall dedicate approximately 2.01 acres of neighborhood park land (designated Parcels P and T of the Final Map of Tract 8449 PA-2 North and Parcels A and B of the Final Map of Tract 8452 PA-3) (the “Neighborhood Park”) on or before recordation of the final maps. The dedicated parcel must contain a minimum of 2.01 acres of usable land.
2. Names. Notwithstanding anything to the contrary herein, OWNER and DEVELOPER acknowledge and agree that the Neighborhood Park will be subject to the standard City naming process.
3. Park Design; Design Documents.
a) DEVELOPER shall (i) hire a competent landscape architect, subject to the CITY’s approval, to design the Park Improvements, (ii) submit conceptual plan alternatives for Park Improvements to the CITY for review within ninety (90) days of the execution of this Agreement and (iii) obtain written approval from CITY of the final conceptual plan, pursuant to subsection b) of this Section, no later than one hundred-eighty (180) days from the execution of this Agreement, unless such time period is extended by a Force Majeure Event (as defined below).
In the event that DEVELOPER chooses to move forward with a landscape architect other than Roach & Campbell, DEVELOPER shall first obtain CITY approval. Given that the park area does not align with the characteristics of a standard neighborhood park, conceptual plans should align with specific site attributes described in this Section (collectively, the “Standards”). The Standards include small-scale, high-quality play structures, designated shade structure/sails for seating areas accommodating 6 to 8 people for informal picnics, a group picnic facility with a designated shade structure/sails and BBQ amenities, a water meter, appropriate security lighting and the Class IB Shared Use Path on the west side of Diablo View Drive between Gleason Drive and Finnian Way that includes a minimum 12’ paved surface (8' travel way and minimum 2' paved shoulder on both sides of the trail) and minimum 2' of low landscape on both sides of the trail, along with a bike rack and bike repair station. The Class I trail shall be constructed as part of the tract improvements for PA-2 and PA-3. The costs associated with the design and construction of the Class I trail, being associated with the tract improvements, shall not be included in the Estimated Costs as defined below, but the costs associated with obtaining a water meter for the Neighborhood Park shall be included in the Estimated Costs as defined below. The conceptual 120
3 plan shall be consistent with the Estimated Cost (defined below), unless an increase is approved by the CITY. The CITY, and any and all applicable departments having review and approval authority over the revised plans, shall have thirty (30) calendar days to respond to DEVELOPER's initial submittal and any subsequent submittals of revised plans. All dates for performance under this Agreement shall be extended to the extent of any delays caused by labor disputes, shortages of labor and/or materials, strikes, delays of governmental authorities, delays in obtaining approved plans, adverse weather conditions, natural disasters, pandemics, war, insurrection, any governmental or quasi-governmental enactment of a “stay home” or shutdown order or any other causes beyond the performing party’s reasonable control (financial inability excluded) (“Force Majeure Event”).
b) The conceptual plan will be presented to the City of Dublin Parks and Community Services Commission and City Council for final approval. c) Notwithstanding the foregoing, in the event the cost estimate of constructing to the approved conceptual plan causes the Park Improvements to exceed the Estimated Cost (defined below), CITY shall reimburse OWNER for any excess costs subject to Section 11 below.
4. Park Construction; Construction Documents. DEVELOPER shall cause the preparation of construction plans and specifications for the Park Improvements, including all amenities as listed in Section 3 above. The Construction Documents shall be consistent with the Standards as well as all local codes and regulations. The Construction Documents shall be approved by the CITY, and any and all departments having review and approval authority over the Construction Documents, no later than six (6) months following submission of the Construction Documents. The six (6) month period may be extended for an additional three (3) months by the mutual agreement of City Manager, OWNER and DEVELOPER. CITY shall have thirty (30) calendar days to respond to DEVELOPER’s initial submittal and any subsequent submittals of revised plans.
5. Construction Timeline. Upon CITY approval of DEVELOPER’s Construction Documents, DEVELOPER will commence construction of the Park Improvements within ninety (90) days and provide written notice, email to suffice, to the CITY evidencing the same (“Commencement Notice”). All Park Improvements shall be Completed (as defined below) no later than eighteen (18) months following the date of the Commencement Notice, unless the completion date is extended by the City Manager or a Force Majeure Event. Time is of the essence in this Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final as-built plans in PDF, AutoCAD files of the Construction Documents for the Park Improvements, including any City authorized modifications, and all product and manufacturers’ warranties as identified in the Construction Documents. For the purpose of this Section 5, “Completed” shall mean all required plants have been planted, a punch list has been drafted, all irrigation has been installed, and all signage and Park Improvements are substantially complete.
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4 In the event that DEVELOPER is unable to complete the Park Improvements prior to the time specified herein, the CITY may take all actions necessary to collect on furnished bonds and/or, at the CITY’s option, complete the work in accordance with Section 20, in which case DEVELOPER shall be liable to the CITY for the CITY’s costs.
6. Acceptance of Work. Upon written notice of completion of the Park Improvements, inclusive of a one hundred and twenty (120) day plant establishment maintenance period, and delivery of a set of final as-built plans and copies of Construction Documents to CITY by DEVELOPER, the CITY shall examine the Park Improvements without delay. The public shall not be permitted access to the Park Improvements during construction of the Park Improvements, including the plant establishment maintenance period. If the Park Improvements are found to be in accordance with the Construction Documents and this Agreement, CITY shall accept the work, and, upon such acceptance by the City Engineer, shall notify OWNER and DEVELOPER or each if their designated agents of such acceptance. At the time of acceptance, CITY shall take over all maintenance responsibilities of the Neighborhood Park and Park Improvements. In addition, upon acceptance of the Park Improvements, CITY shall release and exonerate all security furnished by DEVELOPER, including the faithful performance bond and labor and materials bond described in Section 12.
7. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through the City Manager's designated representative for the safe and convenient inspection of the work throughout its construction. Said City representative shall have the authority to reject all materials and workmanship that is not in accordance with the Construction Documents, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in accordance with the Construction Documents. The CITY representative will also attend all project progress meetings during the course of construction. DEVELOPER shall submit any plan changes before and during construction to the City Manager's designated representative for approval. Construction shall not begin on any material plan changes until they are approved pursuant to Section 8 of this Agreement.
8. Change Orders. DEVELOPER shall submit a written request for approval of any change orders to the CITY at least fifteen (15) business days prior to proceeding with any change order. DEVELOPER shall not issue any change orders on such construction contract without first obtaining CITY's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Both Parties acknowledge that the City has a significant, reasonable interest in ensuring that changes would not increase the park improvement costs beyond the Estimated Cost as defined below. DEVELOPER acknowledges the failure to obtain such written consent from the CITY will result in DEVELOPER’s sole responsibility to pay for such change orders without reimbursement credit from the CITY. Notwithstanding the foregoing, the CITY’s consent shall be required for any material change in design in the Park Improvements.
9. Payments. Until Completion, DEVELOPER shall be responsible for all payments for costs incurred by DEVELOPER to design and construct the Park Improvements, including all design and construction costs. This includes but is not limited to, consultant design work, contractors work, electric and water bills, storm water pollution prevention, consultant 122
5 construction assistance, City inspections, and other permits and fees. DEVELOPER shall provide to CITY a monthly accounting summary outlining project costs to date. DEVELOPER will include copies of invoices paid. DEVELOPER will provide copies of cancelled checks if requested by CITY.
10. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER’s agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after final acceptance of the entire work by CITY. All manufactured products specified for the site shall have extended warranties as available from the companies that supply the products. All such warranties shall be transferred to the CITY prior to final acceptance of the Park Improvements.
These warranties shall cover both the replacement of parts and the labor necessary to have the equipment in proper working order. These products include, but are not limited to: play equipment, site furnishings and mechanical equipment. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one (1) year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and materials actually appear during the applicable guarantee period, and have been corrected, the guarantee period for such corrected items shall automatically be extended for an additional year to ensure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within fifteen (15) days' time, after being notified of the defect in writing (which cure period shall be extended for such time as is reasonably necessary so long as DEVELOPER has commenced such cure within the initial fifteen (15) day time period and is diligently pursuing such cure to completion), CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY upon written demand all costs and expense of such repair.
The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs, which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work as provided herein, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs.
11. Estimated Cost of Park Improvements. The estimated cost of designing and constructing the Park Improvements is One Million Eight Hundred Thirty-Four Thousand Five Hundred Ninety-One and 32/100 Dollars ($1,834,591.32) (“Estimated Cost”), which amount is based on the per-acre improvement cost amount in the Public Facilities Fee program 123
6 ($912,732/acre x 2.01 acres). DEVELOPER agrees to pay the total project cost and, except as specified herein, may not seek reimbursement from the CITY for any costs exceeding the amount established as the per-acre costs for Neighborhood Park Improvements in the neighborhood parkland improvement category of the Public Facilities Fee Program in effect at the time of building permit issuance, including soft costs. Notwithstanding the foregoing, DEVELOPER shall provide a cost estimate for the City Engineer's approval in conjunction with submittal of the Construction Documents. The approved cost estimate shall be used to, if necessary, increase the amount of the security required by Section 12. The Project shall be constructed on a prevailing wage scale as required by the State of California. If DEVELOPER reasonably determines that the actual costs of the Park Improvements will exceed the Estimated Cost, then it shall deliver written notice to the CITY describing the anticipated actual costs of providing the Park Improvements, along with reasonable documentation substantiating the same. Within thirty-five (35) days thereafter, CITY shall notify DEVELOPER of its election to either (i) reimburse DEVELOPER in cash for the amounts incurred in excess of the Estimated Cost, within ninety (90) days after Completion of the Park Improvements and the CITY’S receipt of invoices, statements or other reasonable evidence of the excess costs incurred, or (ii) allow DEVELOPER to, in consultation with the CITY in accordance with this Section, adjust the Park Improvements (e.g., reduce amenities, change materials, etc.) to reduce the costs such that they will not exceed the Estimated Cost (“Park Improvement Modifications”). If the CITY elects to proceed with Park Improvement Modifications, the CITY shall work cooperatively and in good faith with DEVELOPER to determine the scope and extent of Park Improvement Modifications, and may not unreasonably withhold, delay or condition any approvals or consents required to implement Park Improvement Modifications. If the CITY elects to proceed with cash reimbursement for Park Improvement costs exceeding the Estimated Costs, then the CITY shall be obligated to make such payment to DEVELOPER within the 90-day timeframe specified above. If CITY fails to make either election from clauses (i) and (ii) above, then DEVELOPER shall have the right to implement Park Improvement Modifications without further consent or approval of the CITY.
12. Security Furnished. Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the City Attorney. If necessary, DEVELOPER shall increase or replace the initial security provided with security that reflects any increase in the Estimated Cost pursuant to Section 11. DEVELOPER shall also furnish a ten percent (10%) bond for the one (1) year warranty. a) Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the Estimated Cost set forth in Section 11 and sufficient to assure CITY that the Park Improvements will be satisfactorily completed.
b) Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred percent (100%) of the Estimated Cost set forth in Section 11 and sufficient to assure CITY that DEVELOPER's contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefore. 124
7 c) Warranty. Prior to acceptance of the Park Improvements as complete by the City Engineer, DEVELOPER shall furnish the CITY with either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to ten percent (10%) of the Estimated Cost set forth in Section 11 and sufficient to assure CITY that the Park Improvements will be satisfactorily completed from the date on which the City Engineer accepts the work as complete until one year thereafter.
d) CITY shall be the sole obligee named on any instrument required by this Agreement. Any instrument or deposit required herein and the release thereof shall conform with the provisions of Chapter 5 of the Subdivision Map Act.
13. Fee Credit. Upon posting security for the completion of the Park Improvements under the terms of this Agreement, DEVELOPER shall be entitled to a credit against the Neighborhood Park improvement category of the Public Facilities Fee based on the 2.01 acre approved park and the calculations described in Section VI.C of the Guidelines.
14. No Credit for Excess Costs. Pursuant to the Public Facilities Fee Program and City of Dublin Municipal Code Section 7.78.040, costs are not subject to reimbursement credit by CITY to OWNER to the extent that actual construction, design, and related costs, as approved by CITY, total more than the fee credit. This Section shall not impair the potential availability of reimbursement pursuant to Section 11 above.
15. Obligations Arising from Agreement. Except as the City may expressly elect under section 11, neither the General Fund, nor any other fund or monies of CITY, except the Public Facilities Fee Neighborhood Park Improvement Fund or similar park improvements funds or accounts, shall be utilized for payment of any obligations arising from this Agreement. Neither the credit nor the taxing power of CITY is pledged for the payment of any obligations arising from the Agreement. OWNER and DEVELOPER’s obligations arising from this Agreement are not a debt of CITY, or a legal or equitable pledge, charge, lien or encumbrance upon any of its property, or upon any of its income, receipts or revenues.
16. Liability.
a) DEVELOPER Primarily Liable. DEVELOPER hereby warrants that all work required by this Agreement will be performed in accordance with the professional standards prevailing in the industry for similarly situated improvement projects in the City of Dublin.
DEVELOPER agrees to indemnify, defend with counsel acceptable to CITY, and hold harmless CITY, its officers, officials, employees, agents, and volunteers, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action (collectively “Liability”) directly arising from the negligence or willful misconduct of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER’s actions and obligations hereunder, except such Liabilities caused by the sole negligence or willful misconduct of the CITY or its officers, officials, employees, agents, or volunteers; provided as follows:
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8 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 17 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the negligence or willful misconduct of DEVELOPER, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year (except for those manufactured products where extended warranties have been provided, in which case the extended warranty period shall apply) following acceptance by the CITY of the Park Improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER's surety on the bonds provided under paragraph 12. 5) DEVELOPER’s obligations under this Section shall terminate with respect to any Liability with respect to the Neighborhood Park and Neighborhood Park Improvements after the CITY accepts the dedication of the Neighborhood Park, except as otherwise expressly stated in this Section.
17. Insurance Required. Prior to commencing construction of the Park Improvements hereof, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall have been approved by the Risk Manager of CITY, or his designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, DEVELOPER's general contractor shall obtain or cause to be obtained and filed with the Risk Manager, all insurance required under this paragraph, and such insurance shall have been approved by the Risk Manager of CITY, as to form, amount and carrier. DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. 126
9 A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering commercial General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 “any auto” and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than:
1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the CITY.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions:
1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the DEVELOPER pursuant to this Agreement; products and completed operations of the DEVELOPER; or premises owned, occupied or used by the DEVELOPER.
The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees, consultants or volunteers. 127
10 (b) The DEVELOPER's insurance coverage shall be primary insurance in respect to 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 DEVELOPER's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers.
(d) The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY.
3) All Coverages. DEVELOPER shall furnish the CITY with certificates of insurance completed by a duly authorized representative evidencing coverage required under Section 17 of this agreement. Such certificates shall be delivered to the CITY before any Work hereunder is commenced by DEVELOPER and annually thereafter on or before the policy effective dates of DEVELOPER’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) days prior written notice has been given to the CITY. DEVELOPER shall inform the CITY in writing thirty (30) days prior to terminating or materially modifying coverage required in these requirements.
a) Acceptability of Insurers. Insurance is to be placed with insurers with a A.M. Bests' rating of no less than A:VII. b) Verification of Coverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. c) Subcontractors. DEVELOPER and/or DEVELOPER's
general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
18. Assignment of Agreement. This Agreement shall not be assigned by OWNER or DEVELOPER without the written consent of CITY, which shall not be unreasonably withheld. 128
11 Pursuant to the Purchase and Sale Agreement and Joint Escrow Instructions dated as of June 24, 2022, as amended, OWNER, as nominee of DEVELOPER, acquired the Property. OWNER granted to DEVELOPER the option to purchase the Property in phases. Notwithstanding the foregoing, no consent of the CITY shall be required for OWNER’s conveyance of the Neighborhood Park to DEVELOPER; provided that no release of liability shall occur until a duly executed written assignment and assumption of liability has been provided to CITY, in a form which is reasonably acceptable to CITY. Upon written notice to the CITY of any such conveyance, OWNER shall be released from any obligations and liability hereunder, provided that such assigned obligations are expressly assumed by DEVELOPER.
19. DEVELOPER Not an Agent. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement.
20. Abandonment of Work. If DEVELOPER refuses or fails to perform its obligations under this Agreement, and such default remains uncured for a period of thirty (30) days after notice thereof is given by the CITY (or such longer period as may be necessary to cure the default, provided that DEVELOPER commences the cure within the thirty (30) day period and diligently prosecutes the cure to completion), the CITY through its Public Works Director may serve written notice on DEVELOPER, OWNER and DEVELOPER's surety or holder of other security of DEVELOPER’s breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have the duty to take over and complete the Improvements herein specified; provided, however, that the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER’s surety shall be liable to CITY for the lesser of (i) any damages incurred by CITY arising directly from DEVELOPER’s abandonment of the work, or (ii) reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefore.
21. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, California 94568
Notices required to be given to OWNER shall be addressed as follows:
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12 KL LB BUY 2 LLC
c/o KL Servicers LLC
6900 E. Camelback Road, Suite 800
Scottsdale, AZ 85251
Attn.: Brieanne Nikrandt
Telephone No.: (212) 782-3546
Email: [email protected]
With a copy to: Cox, Castle & Nicholson, LLP
2029 Century Park East, Suite 2100
Los Angeles, CA 90067
Attn.: Erica A. Bose
Telephone No.: (310) 284-2225
Email: [email protected]
Notices required to be given to DEVELOPER shall be addressed as follows:
Landsea Homes of California, LLC
Attn: Tom Baine and David J. Mello, Jr.
7525 Irvine Center Dr., Suite 200
Irvine, CA 92618
With a copy to: Landsea Homes of California, LLC
Attn: Trevor Potter
7525 Irvine Center Dr., Suite 200
Irvine, CA 92618
And a copy to: Sheppard Mullin Richter & Hampton LLP
Attn: David Hymer and Jennifer Chavez
501 West Broadway, 19th Floor
San Diego, CA 92101
Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.
22. Use of Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all Park Improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER.
23. Safety Devices. DEVELOPER shall provide and maintain such reasonable and customary guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the Neighborhood Park as may be reasonably necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as DEVELOPER may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all 130
13 fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the Construction Documents) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly.
24. Attorneys' Fees and Venue. In any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. Any action arising out of this Agreement shall be brought in Alameda County, California regardless of where else venue may lie.
25. Recitals. The foregoing Recitals are true and correct and are made a part hereof.
26. 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.
This Agreement contains the entire understanding between the parties relating to the transaction contemplated hereby, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. No provision of this Agreement may be amended, waived, or added except by an instrument in writing signed by the parties hereto.
27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [Signatures on following page]
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14 IN WITNESS WHEREOF, the CITY, OWNER and DEVELOPER have executed this Agreement, the day and year first above written.
CITY OF DUBLIN
a Municipal Corporation
Dated: _____________________ By: ________________________ Name: Colleen Tribby
Title: City Manager
ATTEST:
By: ________________________
Name: Marsha Moore, City Clerk
Approved as to form
By: _________________________
Name: City Attorney
OWNER:
KL LB BUY 2 LLC
a Delaware limited liability company
By: KL LB BUY 2 LLC
a Delaware limited liability company
its sole member
By: ____________________________
Name: Nathan Holt
Title: Authorized Signatory
Dated: ___________________
DEVELOPER:
Landsea Homes of California, LLC
a Delaware limited liability company
By: ______________________________
Name: Tom Baine
Title: Division President
Dated: ___________________
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EXHIBIT A
Legal Description of the Property
Real property in the City of Dublin, County of Alameda, State of California, described as follows:
Parcels 2, 3, and 4 of Parcel Map 9512, filed June 23, 2008 in Book 308, Pages 13 through 18, inclusive of Parcel Maps, Alameda County Records.
APN: 985-0051-006-00, 985-0052-24-00, and 985-0052-25-00 133
STAFF REPORT
CITY COUNCIL
Agenda Item 5.6
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group for On-Call Landscape Architect Services
Prepared by: Julius Pickney, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group for on-call landscape architect services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group for On-Call Landscape Architect Services.
FINANCIAL IMPACT:
The proposed agreements include not-to-exceed compensation amounts of $1,000,000 for each consulting firm. The cost of these services will be charged to the Public Works Department, based on the work done and in accordance with the adopted annual operating budget, Capital Improvement Program project budgets, or developer deposit account.
DESCRIPTION:
The Public Works Department utilizes consultants on Capital Improvement Program (CIP) projects, private development projects, maintenance services projects, and for on-call, as needed services to assist Staff in specific areas of technical, maintenance, and professional expertise. Consultants are solicited through open and competitive request for qualifications (RFQ) process or through public competitive bid processes. In March 2025, Staff issued an RFQ for on-call landscape architect services to find consultants that have the necessary background and expertise to provide these services.
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Twenty-two submissions were received in response to the RFQ for on-call landscape architect services. After reviewing all qualifications, Staff recommends three firms, Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group, to provide on-call landscape architect services for a three-year term each with the proposed compensation limit of $1,000,000 each over the three-year term. The recommended firms have provided these services to Dublin in the past and have provided similar services to various municipalities around the Bay Area.
Staff also recommends that the other firms that responded to the RFQ be deemed qualified and remain on the City’s Managed Qualified Bid List, reserving the right to enter into an agreement with at a future date. The other firms that responded to the RFQ are: BFS, Carducci Associates, CMG, CSWST2, Dillingham Associates, Fletcher Studio, Groundworks Office, INTEGRA, MIG, NCE, Nuvis, Panoramic Design Group, PGAdesign, QUADRIGA, RHAA, RRM Design Group, Studio 1515, Verde Design, Inc., and Westwood.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group for On-Call Landscape Architect Services 2) Exhibit A to the Resolution – Consulting Services Agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group 3) Request for Qualifications – Landscape Architect Services 4) Statements of Qualifications – Landscape Architect Services 135
Attachment 1
Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 1 of 2 RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENTS WITH CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC., GATES + ASSOCIATES, AND SWA GROUP FOR ON-CALL
LANDSCAPE ARCHITECT SERVICES
WHEREAS, on March 5, 2025, Staff issued a Request for Qualifications (RFQ) for On-Call Landscape Architect Services; and
WHEREAS, the City received twenty-two responses to the RFQ; and WHEREAS, Staff reviewed and evaluated the statements of qualifications; and WHEREAS, the City desires to enter into agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group, each for a not-to-exceed amount of $1,000,000 over a three-year term; and
WHEREAS, the City also wishes to enter into agreements at a later date, with the following firms which were deemed to be qualified as part of the RFQ solicitation process: BFS, Carducci Associates, CMG, CSWST2, Dillingham Associates, Fletcher Studio, Groundworks Office, INTEGRA, MIG, NCE, Nuvis, Panoramic Design Group, PGAdesign, QUADRIGA, RHAA, RRM Design Group, Studio 1515, Verde Design, Inc., and Westwood.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreements with Callander Associates Landscape Architecture, Inc., GATES + Associates, and SWA Group, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Agreements, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution.
{Signatures on the following page}
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Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 1 of 18
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
FOR
ON-CALL LANDSCAPE ARCHITECT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Callander Associates Landscape Architecture, Inc. (CALA) (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 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, 2028, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section
8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Attachment 2
Exhibit A to the Resolution
138
Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 2 of 18 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,000,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict 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 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;
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Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 3 of 18 o If this Agreement covers multiple projects, all hours must also be logged by project assignment; and
o A brief description of the work, and each reimbursable expense.
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above, either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
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2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit 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.
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 141
Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 5 of 18 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 the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single 142
Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 6 of 18 limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the 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 143
Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 7 of 18 volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the
section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement.
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Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 8 of 18 d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the selfinsured 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.
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4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
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. 146
Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 10 of 18 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.
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 147
Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 11 of 18 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 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 148
Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 12 of 18 professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide 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.
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8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to 150
Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 14 of 18 deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
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. 151
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10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City.
If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any 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.
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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:
Callander Associates Landscape Architecture, Inc.
2025 Gateway Place, Suite 285,
San Jose, CA 95110
Any written notice to City shall be sent to:
City of Dublin
Att: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses
10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person 153
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SIGNATURES ON FOLLOWING PAGE
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Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Page 18 of 18 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 CALLANDER ASSOCIATES
LANDSCAPE ARCHITECTURE, INC.
Colleen Tribby, City Manager David Rubin, Chief Financial Officer / Principal
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
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Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Exhibit A – Page 1 of 4
EXHIBIT A
SCOPE OF SERVICES
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Overview:
The City of Dublin adopted a Parks and Recreation Master Plan update in May of 2022.
The Master Plan provides direction for addressing the long-term recreational needs of the City and its changing population through buildout of the City. The plan contains goals, long-term policies and standards to guide the City in the acquisition, development and management of park and recreation facilities.
The Parks and Recreation Master Plan includes standards for the following park and recreation facilities:
• Active Community Park • Natural Community Park • Aquatic Facility • Neighborhood Parks • Community Facilities • Neighborhood Square • Cultural Arts Center • Regional Park/Open Space and Trails • Downtown Plaza • Senior Center The City of Dublin anticipates growth that will continue to increase to an expected population of 79,726 at build-out. As the City nears build-out, future projects will tend to be more renovation focused and most new park projects will be located in the Eastern expansion area.
Project Description:
Below is a list of potential projects from the City of Dublin’s Adopted Five-Year Capital Improvement Program 2024-2029. As yet, some of the future projects are unfunded and would be developed as funding becomes available. The proposed projects would each involve a community outreach process and entail the development of conceptual plans and construction documents.
• Alamo Creek Park and Assessment District
- Fence Replacement
• Iron Horse Nature Park and Open
Space
• Condition Assessment of Water Features • Kolb Park Renovation • Downtown Dublin Town Square Park • Parks Playground Replacement • Dublin Sports Grounds Rehabilitation • Restrooms Replacement • Fallon Sports Park - Artificial Turf Field
Replacement • Sports Courts Resurfacing
• Green Stormwater Infrastructure • Sunday School Barn Improvements Additionally, the selected firm will be available on an on-call basis for maintenancerelated landscaping efforts, including but not limited to:
• Citywide tree replacement recommendations
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• Irrigation system design, upgrades, and replacements
• Replacement of non-functional turf with sustainable alternatives • Expertise and consultation on turf management best practices • Green stormwater infrastructure redesign, maintenance, and replacement efforts • Review development proposals and associated plans and specifications provided to the maintenance division, ensuring alignment with long-term maintenance feasibility and sustainability goals
Additionally, the selected firm will be available on an on-call basis to provide staff augmentation for the following services:
• Review a variety of land development, subdivision, and encroachment permit applications from initial planning application or entitlement through the issuance of a permit for construction or improvement plan and final map approval, construction, and final sign-off of improvements and warranty release. • Review entitlement and construction drawings for conformance with City and State regulations, standards, and policies.
Considerations:
Firms are encouraged to provide additional details and/or value additions to the proposal scope of services to include in the proposal. Work to be undertaken as part of each project includes, but is not limited to:
• Review of the Parks and Recreation Master Plan, Streetscape Master Plan, Downtown Streetscape Master Plans, and other related planning documents. • Evaluation of existing inventory of park and recreational facilities. • Assessment and prioritization of recreational needs of the community. • Site topographic survey.
• Preparation of opportunities and constraints map of the site. • Preparation of preliminary design alternatives for the site. • Preparation of master plan identifying recreational amenities planned for the site including the location and configuration of all site elements. • Preparation of phasing plan for the park which identifies logical phases for development of the park and designates the park and recreational amenities which will be included in each phase.
• Preparation of a preliminary cost estimate for the proposed project. • Preparation of public input processes.
• Meetings with stakeholders, Parks and Community Services Commission, and City Council.
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COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
ON-CALL FEE SCHEDULE 2025-2028 LANDSCAPE ARCHITECTURE SERVICES GENERAL: The following list of fees and reimbursable expense items shall be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of an updated Standard Schedule of Compensation:
POSITION HOURLY RATE
Principal $258 - $290
Senior Associate $234 - $263
Associate $223 - $250
Arborist/Construction
Manager
$196 - $220
Senior Project Manager $202 - $227
Project Manager 1 $193 - $217
Project Manager 2 $183 - $206
Job Captain $169 - $190
Designer 1 $159 - $179
Designer 2 $144 - $162
Assistant Designer $129 - $145
Accounting $195 - $219
Senior Project Administrator $148 - $167
Project Administrator $132 - $148
Reimbursable Expenses Rates
Expenses Cost + 15%
Printing and reproductions, postage and
delivery, mileage, travel expenses (hotel / food),
testing and outside services, and other project
related expenses
Communications and Insurance Surcharge 2.5% of total fees Subconsultant Administration 10% of Subconsultant
Costs
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Consulting Services Agreement between City of Dublin and 7/1/2025 Callander Associates for On-Call Landscape Architect Services Exhibit A – Page 4 of 4 PAYMENTS: Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.
All CPI increases shall be calculated by Contractor and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. Remit invoices to: [email protected] 159
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GATES + ASSOCIATES
FOR
ON-CALL LANDSCAPE ARCHITECT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Gates + Associates (GATES) (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 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, 2028, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section
8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
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Consulting Services Agreement between City of Dublin and 7/1/2025 Gates + Associates for On-Call Landscape Architect Services Page 2 of 17 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,000,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict 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 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; and
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The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above, either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
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.
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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.
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 163
Consulting Services Agreement between City of Dublin and 7/1/2025 Gates + Associates for On-Call Landscape Architect Services Page 5 of 17 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 the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply 164
Consulting Services Agreement between City of Dublin and 7/1/2025 Gates + Associates for On-Call Landscape Architect Services Page 6 of 17 separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the 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:
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b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the
section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.
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4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the selfinsured 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 167
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Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order 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. 168
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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of 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, 169
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6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer 170
Consulting Services Agreement between City of Dublin and 7/1/2025 Gates + Associates for On-Call Landscape Architect Services Page 12 of 17 and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide 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 171
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Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and 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.
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9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
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10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City.
If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 174
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10.10 Notices. Any written notice to Consultant shall be sent to:
Gates + Associates
1655 N. Main Street
Walnut Creek, CA 94596
Any written notice to City shall be sent to:
City of Dublin
Att: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses
10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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Consulting Services Agreement between City of Dublin and 7/1/2025 Gates + Associates for On-Call Landscape Architect Services Page 17 of 17 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 GATES + ASSOCIATES
Colleen Tribby, City Manager Casey Case, President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
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Consulting Services Agreement between City of Dublin and 7/1/2025 Gates + Associates for On-Call Landscape Architect Services Exhibit A – Page 1 of 3
EXHIBIT A
SCOPE OF SERVICES
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Overview:
The City of Dublin adopted a Parks and Recreation Master Plan update in May of 2022.
The Master Plan provides direction for addressing the long-term recreational needs of the City and its changing population through buildout of the City. The plan contains goals, long-term policies and standards to guide the City in the acquisition, development and management of park and recreation facilities.
The Parks and Recreation Master Plan includes standards for the following park and recreation facilities:
• Active Community Park • Natural Community Park • Aquatic Facility • Neighborhood Parks • Community Facilities • Neighborhood Square • Cultural Arts Center • Regional Park/Open Space and Trails • Downtown Plaza • Senior Center The City of Dublin anticipates growth that will continue to increase to an expected population of 79,726 at build-out. As the City nears build-out, future projects will tend to be more renovation focused and most new park projects will be located in the Eastern expansion area.
Project Description:
Below is a list of potential projects from the City of Dublin’s Adopted Five-Year Capital Improvement Program 2024-2029. As yet, some of the future projects are unfunded and would be developed as funding becomes available. The proposed projects would each involve a community outreach process and entail the development of conceptual plans and construction documents.
• Alamo Creek Park and Assessment District
- Fence Replacement
• Iron Horse Nature Park and Open
Space
• Condition Assessment of Water Features • Kolb Park Renovation • Downtown Dublin Town Square Park • Parks Playground Replacement • Dublin Sports Grounds Rehabilitation • Restrooms Replacement • Fallon Sports Park - Artificial Turf Field
Replacement • Sports Courts Resurfacing
• Green Stormwater Infrastructure • Sunday School Barn Improvements Additionally, the selected firm will be available on an on-call basis for maintenancerelated landscaping efforts, including but not limited to:
• Citywide tree replacement recommendations
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Consulting Services Agreement between City of Dublin and 7/1/2025 Gates + Associates for On-Call Landscape Architect Services Exhibit A – Page 2 of 3 • Landscape re-design at existing parks, facilities, and public right-of-way areas (medians and side strips)
• Irrigation system design, upgrades, and replacements
• Replacement of non-functional turf with sustainable alternatives • Expertise and consultation on turf management best practices • Green stormwater infrastructure redesign, maintenance, and replacement efforts • Review development proposals and associated plans and specifications provided to the maintenance division, ensuring alignment with long-term maintenance feasibility and sustainability goals
Additionally, the selected firm will be available on an on-call basis to provide staff augmentation for the following services:
• Review a variety of land development, subdivision, and encroachment permit applications from initial planning application or entitlement through the issuance of a permit for construction or improvement plan and final map approval, construction, and final sign-off of improvements and warranty release. • Review entitlement and construction drawings for conformance with City and State regulations, standards, and policies.
Considerations:
Firms are encouraged to provide additional details and/or value additions to the proposal scope of services to include in the proposal. Work to be undertaken as part of each project includes, but is not limited to:
• Review of the Parks and Recreation Master Plan, Streetscape Master Plan, Downtown Streetscape Master Plans, and other related planning documents. • Evaluation of existing inventory of park and recreational facilities. • Assessment and prioritization of recreational needs of the community. • Site topographic survey.
• Preparation of opportunities and constraints map of the site. • Preparation of preliminary design alternatives for the site. • Preparation of master plan identifying recreational amenities planned for the site including the location and configuration of all site elements. • Preparation of phasing plan for the park which identifies logical phases for development of the park and designates the park and recreational amenities which will be included in each phase.
• Preparation of a preliminary cost estimate for the proposed project. • Preparation of public input processes.
• Meetings with stakeholders, Parks and Community Services Commission, and City Council.
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COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Rate Schedule: Effective through December 2025
POSITION HOURLY RATE
Partner $235 - $250
Principal $220 - $235
Associate Principal $205 - $220
Senior Associate $185 - $205
Job Captain $165 - $185
Irrigation Designer $200 - $210
Community Outreach
Facilitator
$185 - $205
Production $155 - $175
Expenses (Reimbursables):
A. Consultants at approximately the same rates indicated above or on consultant fee schedules.
B. Other direct expenses at cost which may include:
1. Printing and reproduction costs.
2. Mileage and travel costs.
3. Miscellaneous
Hourly rates may be adjusted annually and shall apply for any services rendered after that date. These adjustments are not limited to the rate per hour ranges listed above, and will not affect the total amount of compensation for services.
All CPI increases shall be calculated by Contractor and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. Remit invoices to: [email protected] 179
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REQUEST FOR QUALIFICATIONS
LANDSCAPE ARCHITECTS
City of Dublin
Statement of Qualifications (SOQ) must be received by: Friday, March 28, 2025, at 4:00 p.m.
Julius Pickney, Management Analyst II
100 Civic Plaza
City of Dublin, CA 94568
Statement of Qualifications will be evaluated on the following: a) responsiveness to the Request for Qualification questions, b) experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of previous clients.
Attachment 3
201
Request for Qualification
For
Landscape Architects
Overview
The City of Dublin adopted a Parks and Recreation Master Plan update in May of 2022. The Master Plan provides direction for addressing the long-term recreational needs of the City and its changing population through buildout of the City. The plan contains goals, long-term policies and standards to guide the City in the acquisition, development and management of park and recreation facilities.
The Parks and Recreation Master Plan includes standards for the following park and recreation facilities:
• Active Community Park • Natural Community Park
• Aquatic Facility • Neighborhood Parks
• Community Facilities • Neighborhood Square
• Cultural Arts Center • Regional Park/Open Space and Trails • Downtown Plaza • Senior Center
The City of Dublin anticipates growth that will continue to increase to an expected population of 79,726 at buildout. As the City nears build-out, future projects will tend to be more renovation focused and most new park projects will be located in the Eastern expansion area.
Project Description:
Below is a list of potential projects from the City of Dublin’s Adopted Five-Year Capital Improvement Program 2024-2029. As yet, some of the future projects are unfunded and would be developed as funding becomes available. The proposed projects would each involve a community outreach process and entail the development of conceptual plans and construction documents.
• Alamo Creek Park and Assessment District - Fence
Replacement
• Iron Horse Nature Park and Open Space
• Condition Assessment of Water Features • Kolb Park Renovation • Downtown Dublin Town Square Park • Parks Playground Replacement • Dublin Sports Grounds Rehabilitation • Restrooms Replacement • Fallon Sports Park - Artificial Turf Field Replacement • Sports Courts Resurfacing • Green Stormwater Infrastructure • Sunday School Barn Improvements Additionally, the selected firm will be available on an on-call basis for maintenance-related landscaping efforts, including but not limited to:
• Citywide tree replacement recommendations
• Landscape re-design at existing parks, facilities, and public right-of-way areas (medians and side strips) 202
• Irrigation system design, upgrades, and replacements
• Replacement of non-functional turf with sustainable alternatives • Expertise and consultation on turf management best practices • Green stormwater infrastructure redesign, maintenance, and replacement efforts • Review development proposals and associated plans and specifications provided to the maintenance division, ensuring alignment with long-term maintenance feasibility and sustainability goals Additionally, the selected firm will be available on an on-call basis to provide staff augmentation for the following services:
• Review a variety of land development, subdivision, and encroachment permit applications from initial planning application or entitlement through the issuance of a permit for construction or improvement plan and final map approval, construction, and final sign-off of improvements and warranty release. • Review entitlement and construction drawings for conformance with City and State regulations, standards, and policies.
Considerations:
Firms are encouraged to provide additional details and/or value additions to the proposal scope of services to include in the proposal. Work to be undertaken as part of each project includes, but is not limited to:
• Review of the Parks and Recreation Master Plan, Streetscape Master Plan, Downtown Streetscape Master Plans, and other related planning documents.
• Evaluation of existing inventory of park and recreational facilities. • Assessment and prioritization of recreational needs of the community. • Site topographic survey.
• Preparation of opportunities and constraints map of the site. • Preparation of preliminary design alternatives for the site. • Preparation of master plan identifying recreational amenities planned for the site including the location and configuration of all site elements.
• Preparation of phasing plan for the park which identifies logical phases for development of the park and designates the park and recreational amenities which will be included in each phase. • Preparation of a preliminary cost estimate for the proposed project. • Preparation of public input processes.
• Meetings with stakeholders, Parks and Community Services Commission, and City Council.
Process and General Conditions
1. Proposers shall submit one electronic copy to:
Julius Pickney
Management Analyst II
100 Civic Plaza
Dublin, CA 94568
[email protected]
203
Electronic copies shall be submitted by e-mailed PDF or an e-mailed link to a ShareFile or FTP site. Hardcopies will not be accepted.
2. Deadline for submitting the Statement of Qualifications is Friday, March 28, 2025, at 4:00 p.m. via e-mail only to Julius Pickney at [email protected]. Late submissions will not be accepted.
3. The City will not pay for any costs incurred in preparation and submission of the Statement of Qualifications or in anticipation of a contract. The format of submittals is at the discretion of the Proposer.
Each SOQ shall be limited to a maximum of 10 pages, single-sided, using minimum 12-point font size. Page limit excludes a table of contents, tabbed dividers, and resumes for Consultant’s team.
Schedule for RFQ Process
Wednesday, March 5 Request for Qualifications posted to City website.
Friday, March 14 Deadline to submit questions to City of Dublin by 4:00 p.m. via e-mail ONLY to Julius Pickney at [email protected]
Wednesday, March 19 Addendum posted, if required
Friday, March 28 SOQs are due no later than 4:00 PM on March 28 to Julius Pickney at [email protected] ONLY. Late submittals will not be accepted.
Friday, April 4 Interview firms (optional)
Tuesday, April 15 Consulting Services Agreement scheduled for approval by the Dublin City Council. (Tentative dates, subject to change)
RFQ Submittal Requirements
Please prepare and organize your Statement of Qualification based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Statement of Qualification. Please note however that the RFQ submittal is limited to 10 pages maximum single sided (excluding resumes), and should be submitted on 8 ½ x 11 paper, in 12-point font. Page limit excludes a table of contents, tabbed dividers, and resumes for Consultant’s team.
Interested firms are requested to submit one electronic copy of their SOQs as follows:
1. Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide consulting services. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter as the first page of the submission and not as a separate page.
2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity. 204
3. Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed.
4. Provide a Conflict of Interest statement, as identified below.
5. Present proposed project budget, to include a compensation rate schedule for services. All rates may be increased annually, per the City’s fiscal year (July 1 – June 30) and may not exceed 3%, and shall be tied to the CPI for Urban Wage Earners and Clerical Workers (CPI-W) for San Francisco-Oakland-Hayward, CA.
6. Firms shall indicate which services are proposed to be subcontracted out. Firms must request approval for all future changes to work assignments.
7. When e-mailing a PDF submission, due to file size, you may provide a link to sample project documents, including plan sets, technical provisions, and cost estimates for public agency projects other than Dublin.
8. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the SOQ.
Please provide an electronic copy of your Statement of Qualification to the City offices no later than Friday, March 28, 2025, by 4:00 p.m. The entire SOQ (excluding resumes) should be a maximum of 10 pages.
City of Dublin, Public Works Department
Attention: Julius Pickney, Management Analyst II
City of Dublin
100 Civic Plaza
Dublin, California 94568
[email protected]
SOQs received after the due date/time will NOT be accepted and will not be accepted for consideration.
Standard Consulting Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement will begin July 1, 2025.
A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A.
If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Qualifications.
Otherwise, the interested firm is to state in the Qualification that the Agreement and insurance requirements are acceptable.
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Consideration for exceptions will not be considered if not included in the submitted Qualification.
Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.
Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer noncompliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].
Governing Law
This RFQ summarizes the applicable laws and governance; when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.
206
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements:
General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Professional Liability Insurance $2,000,000
Workers’ Compensation Insurance $1,000,000
References
Contractor must include three (3) references for which the company has provided services similar to those described in this RFQ. Reference information shall include: Name, Address, Contact, Title, Phone Number, and Term of the Contract.
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate the Statement of Qualifications provided in response to this RFQ. The subcommittee will use a forced ranking process (please see Attachment B, Forced Ranking Rating Sheet, for further detail). Informal interviews may be conducted by City staff and may include more than one firm that has submitted an SOQ.
Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFQ. The City reserves the right to reject any and all Statement of Qualifications prior to execution of the Agreement, with no penalty to the City.
Selection of Consultant
Submitted SOQs will be evaluated and scored using the following criteria:
• Qualifications and specific experience of key project team members. • Quality and completeness of the Qualification.
• Experience with engagement of similar scope and complexity. • Satisfaction of previous clients.
• Cost of providing the consultant services for this project. 207
Attachment A
Standard Consulting Services Agreement
Attachment to RFP Removed for June 17, 2025 Council Meeting. 208
submitted to
City of Dublin
March 28, 2025
Statement of Qualifications for
ON-CALL
LANDSCAPE ARCHITECTURAL
SERVICES
Attachment 4
209
2 / 2
CONTENTS
01 //
COVER LETTER
02 //
QUALIFICATIONS &
EXPERIENCE
06 //
TEAM & POTENTIAL
SUBCONSULTANTS
07 //
REFERENCES
09//
CONFLICT OF INTEREST
STATEMENT & ABILITY
TO MEET CONTRACT
REQUIREMENTS
10//
RATE SCHEDULE
210
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COVER LETTER
Thank you for the opportunity to submit our Qualifications for the on-call for landscape architectural services. We highly value our relationship with the City of Dublin, which has spanned nearly twenty years, during which we’ve worked together to greatly enhance the City’s outdoor environments, landscapes, and aesthetics. Collaborating with the community and City staff has been a rewarding experience, allowing us to bring impactful projects to life. As the City reaches full build-out, we recognize that future projects will primarily focus on renovations, while new park developments will be concentrated in the Eastern Expansion area. The ability to deliver requires unique capacities such as:
Project Management & Execution:
• Committed to delivering projects on time and within budget, ensuring efficiency throughout. • Dedicated to providing accurate and up-to-date cost estimates across the project life-cycle. • Proven track record of prompt responsiveness and availability to meet evolving needs.
Design & Technical Expertise:
• Expertise in generating creative and innovative design solutions that are both functional and meaningful to the community.
• Sensitivity to the impacts of design choices on long-term maintenance and operations. • In-depth knowledge of Dublin’s processes, requirements, and regulations. • Our team is supported by technically equipped staff with specialties particularly geared toward public park projects including certified playground inspectors (CPSI), ReScape certified staff, Crime Prevention through Environmental Design (CPTED) professionals, certified Landscape Irrigation Auditor and SITES accredited professionals for WELO compliance, and certified Arborist.
Leadership & Collaboration:
• Extensive experience in leading and executing neighborhood and community outreach initiatives.
• Exceptional coordination and communication skills to ensure smooth project execution. • Responsive full time construction administrator who is an integral part of our documentation QA/ QC protocol.
Regulatory Compliance & Quality Control:
• Familiarity with regulatory requirements and certifications, including SWPPP, stormwater management, and AB 1881 compliance.
• Comprehensive approach to quality control, ensuring top-tier standards throughout the project.
With a proven track record delivering numerous successful City projects, CALA is fully prepared to execute this on-call contract. By providing truly comprehensive services, working in a proactive manner and going the extra mile, our goal is to function as an extension of City staff, freeing you to focus on broader issues while we attend to the details. It’s getting these little things right that assures you outstanding facilities in the final outcome. It with great enthusiasm that we submit our qualifications to you for consideration and hope that we can continue to realize projects for the citizens of Dublin.
Sincerely,
Dave Rubin, ASLA, QSD/P
Chief Financial Officer // Principal
408.275.0565 // [email protected] 211
IN HOUSE CAPABILITIES
With four offices and over 20 landscape architects,
our culture is centered around hiring and fostering
staff that love to design public spaces. We
encourage staff to obtain additional education to
help supplement our needs and to support their
continued growth. The following is a brief list of our
in-house capabilities:
• In-house full time Construction Manager
• Certified Arborist
• Certified irrigation auditor
• QSP and QSD Certified Professionals
• Certified Playground Safety Auditors
• LEED & SITES Accredited Professionals
• Certified ReScape Designers
• CPTED Certified Professionals
• Bilingual Staff (Chinese, Punjabi, Vietnamese)
QUALIFICATIONS & EXPERIENCE
Since 1973, Callander Associates Landscape Architecture (CALA) has centered our practice on public works projects. Over 80% of our projects are in the public realm, so working within the framework of public agency processes and addressing public agency issues shapes much of our firm culture. CALA has helped our clients create vital outdoor spaces for the betterment of communities throughout Northern California, including well over 50 completed projects within Alameda County.
OFFICE LOCATION WHERE WORK WILL BE PERFORMED
2025 Gateway Place, Suite 285, San Jose, CA 95110 // 408.275.0565
POINT OF CONTACT
David Rubin, Principal // [email protected]
SERVICES
• Feasibility Studies & Site Conditions Analysis
• Master Planning & Design Development
• City/County Wide Park Assessments
• Programming
• Plan Checking & Constructability Reviews
• Alternatives Analysis
• Public, Community & Stakeholder Outreach
• Outreach Marketing Campaigns & Materials
• Irrigation Systems Review & Designs
• Visual Simulations & Graphics
• Turf Recommendations
• PS&Es
• CPTED/Safety Plans
• Multi-Department/Multi-Agency Coordination
• Arborist Reports & Services
• Construction & Bidding Assistance
212
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SITE ANALYSIS & ASSESSMENT
CALA brings a comprehensive approach to evaluating existing park and recreational facilities, offering a detailed analysis of their current state to understand both strengths and areas for improvement. Our team is skilled at assessing and helping you prioritize the improvements to be made with limited funding available.
To further inform our design process, we prepare opportunities and constraints maps that identify the potential challenges and opportunities specific to each site. This data-driven approach allows us to develop preliminary design alternatives, offering multiple possibilities to stakeholders and ensuring that the best solution is selected based on both aesthetics and functionality.
NAPA PARKS ASSESSMENT: CALA assessed 55 sites and nearly 880 acres of parkland to provide the City of Napa with a comprehensive parks evaluation. This helped the City better understand current park conditions and future needs, enabling more strategic budgeting and investment. The CALA team evaluated park amenities and entered data into the City’s GIS database, which was used to generate park scores based on condition of social equity. This report offers a detailed view of the park system to help manage both current and future needs.
PLANNING & DESIGN
Our expertise in master planning is fundamental in
creating spaces that are not only visually appealing
but also highly functional and easily maintainable.
We specialize in the preparation of master plans,
which detail the recreational amenities planned
for each site, including the careful placement and
configuration of site elements such as pathways,
seating areas, playgrounds, sports fields, courts
and open spaces. These plans are comprehensive,
with the goal of creating spaces that enhance
community well-being.
As part of our design process, we also develop
phasing plans to ensure the logical and costeffective development of park spaces over time, as funding becomes available. These phased
approaches break down the park development
into manageable stages, each with clearly
defined goals, and identify the specific park and
recreational amenities included in each phase. implementation Bedwell Bayfront Park Master Plan
61 Cost estimate details for phased park
improvements are noted in Figure 24.
The operation and maintenance costs
and the landfill improvement costs are
separate items that may be funded and
implemented differently than the park
improvements. The approximate costs
are based on 2017 dollars. Detailed cost
estimates for all assumed expenses can
be reviewed in the Appendix.
Costs for Bedwell Bayfront Park include
park improvements, landfill improvements,
and operation and maintenance costs.
The park improvements include the
community-supported features and will
be implemented in phases that prioritize
improvements to address flooding
and those that enhance accessibility.
Cost Estimate
4 Implementation
Item Estimated Cost Range
Site preparation / start-up $ 400,000 – $500,000
Accessible trails $ 700,000 – $800,000
Parking $ 150,000 – $250,000
Uses and amenities $ 1,400,000 – $1,500,000
Restroom building and utilities $ 600,000 – $700,000
Landscaping $ 1,000,000 – $1,150,000
Tidal flooding / Sea level rise $ 1,100,000 – $1,200,000 Contingencies and inflation $ 3,650,000 – $3,800,000
Design and permitting $ 1,000,000 – $1,100,000
Estimated Project Total $10 million – $11 million
Park Improvements
Figure 24 Park improvements
213
Additionally, we provide accurate preliminary cost
estimates for the proposed projects to give clients a
clear understanding of financial requirements and
constraints.
COMMUNITY ENGAGEMENT &
STAKEHOLDER INVOLVEMENT
A cornerstone of our approach is community
engagement, ensuring that the voices of residents
and other stakeholders are heard throughout the
planning and design process. We carefully prepare
public input processes, facilitating meaningful
dialogue with community members and gathering
feedback that directly informs the design of parks
and recreational spaces.
Our team is experienced in conducting meetings
with key stakeholders, including the Parks and
Community Services Commission, City Councils, and
other local stakeholder organizations. These meetings
ensure that all interested parties are kept informed
and involved, fostering a collaborative approach to
design that aligns with the community’s vision and
long-term goals.
SUSTAINABILITY & GREEN
INFRASTRUCTURE
Sustainability is at the core of our landscape
architecture expertise. With an in-house arborist
at our disposal, we can provide City-wide tree
replacement recommendations that help improve
the urban canopy while considering the needs of
the environment and the community. Our team is
also skilled in landscape redesign at existing parks,
public facilities, and right-of-way areas, such as
medians and sidewalk strips, bringing new life and
functionality to underutilized spaces.
We are committed to sustainability in every aspect
of our work, including the replacement of nonfunctional turf with sustainable alternatives, reducing water consumption and maintenance needs while
enhancing the ecological value of the site.
Our knowledge extends to green stormwater
infrastructure. We work to integrate natural systems
that capture and manage stormwater in an easily
maintained landscape, benefiting the environment
and improving water quality while enhancing the
design and aesthetic of public spaces.
LOCATION|LUGAR Alhambra Room, Clunie Community Center
601 Alhambra Blvd Sacramento, CA, 95816
CITY WEBSITE: www.cityofsacramento.gov
PURPOSE
Learn about the
community’s desires
and preferences
for the proposed
park area and
develop a design
vision rooted in
community input.
OBJETIVO
Conozca los deseos
y preferencias de
la comunidad para
el área del parque
propuesta y desarrolle
una visión de diseño
basada en los aportes
de la comunidad.
TIME|HORA January 30th 2024, 6 pm - 9 pm
MEET US HERE!
¡CONÓCENOS AQUÍ!
SUTTER’S LANDING PARK
COMMUNITY
OPEN
HOUSE
PUERTAS
ABIERTAS
COMUNITARIA
McKinley Blvd
H St
McKinley
Alhambra Blvd
Park
33rd St
GIVE YOUR INPUT ON SUTTER’S LANDING PARK DESIGN
DA TU OPINIÓN SOBRE EL DISEÑO DE SUTTERS LANDING
Survey Summary
Within 0.5 mile (241)
Within 1 mile (243)
Within 5 miles (312)
Outside 5 miles radius (57)
Q1: How far from the park do you live?
7% 28% 28% 37%
Q2: How often do you visit the park?
Daily
Once a week
(103)
(215)
Once - Twice in 2 month (241)
A Few Times in a year (230)
Never (64)
12% 27% 28% 27% 8%
Q3&4: What activities do you participate in at the park? 0 100
200
300
400
500
600
700
800
900
1000
625
394
325 300
169 122 81 79 39 81
Top Responses:
Walking/ Biking
the Two Rivers
Trail
River
Recreating
Wildlife
Observation
Dog
Exercising
Picnics Community
Events
Playing
Basketball
Skateboarding Playing
Bocce Ball
Other
Q5: Are there any Improvements you would like to see at existing activities listed below? * River
Cleanness/Maintenance
26%
7% Unhoused Population Access (Park, Trail, And River)
7% Preservation/Restoration
27%
Shade/Tree 16% Upgrade Court
7% Benches
4% More Courts
36%
Basketball
Dog Park
Shade/Tree 14%
12% Maintenance
Grass & Planting
9% Seating
43%
Shade/Tree
10% Maintenance
10% Remove/Relocate/Re-Purpose
5% Seating
38%
Bocce Ball
Skate Park
Hours 10%
7% Maintenance
Improvements
5% Clean
Trail Extend And Connection
14%
10% Safety
Cleanness/Maintenance
8% Unhoused Population
22%
Trail
13%
Q6: Would you pay for parking if the funds helped to pay for additional amenities and/or improved maintenance at the park?
Yes (303) 59%
No (207) 41%
11/26/2024
22014B
After CALA’s arborist review, dead trees identified for removal were repurposed and creatively incorporated throughout
the park, enhancing the overall design and sustainability of the space.
2024年9月10日
晚上6:30 – 7:30 Mabel Mattos Elementary School, Multi-Purpose Room 1750 McCandless Dr., Milpitas, CA 95035
2024年9月19日
晚上6:00 – 7:00
https://us06web.zoom.us/j/81818816049
請參加我們的現場會議，了解佔地四英畝的新建
Tango Park，並分享您對潛在公園功能的看法。
如果您無法參加，請參加我們的遠程社區會議。
如需了解有關這次會議的更多資訊，請聯繫：
副工程師 Michael Runchey，電話 408-586-3305
掃描進入專案網站：
https://www.milpitas.gov/1280/Tango-Park
TANGO PARK
社區會議 #1
幫助我們構想您的新公園！
和我們一起創造新公園改善的願景
現場會議 在線會議
214
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IRRIGATION DESIGN
Our team has extensive experience in irrigation system
design, upgrades, and replacements. Whether retrofitting outdated systems or designing new ones, we focus on
sustainability and efficiency, ensuring that landscapes receive the appropriate amount of water while minimizing waste.
DEVELOPMENT REVIEW
Our team is adept at providing plan check services for
our clients. We review construction drawings to confirm consistency with the approved concept, ensure alignment with the City’s long-term maintenance feasibility and
sustainability goals. Our organized approach to compiling comments makes it easier for City staff to understand and backcheck that the applicant has addressed all the plan comments.
PETE’S HARBOR H.A.R.D. SPORTS COURT RENOVATIONS
LABYRINTH PARK
SACRAMENTO DEPARTMENT OF UTILITIES
DEMONSTRATION GARDEN
PASSATEMPO PARK
KING PARK STOJANOVICH FAMILY PARK 215
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TEAM
PRIMARY CALA STAFF IN-HOUSE SUPPORT STAFF
Seventeen other design, specialists, and
administrative professionals throughout
our offices are available as needed to
meet project requirements.
ARBORIST/
CONSTRUCTION ADMIN/
IRRIGATION AUDITOR
Shawn Sanfilippo,ISA, CLIA
ALTERNATE PROJECT
MANAGER
Nate Ritchie, PLA
EDUCATION
Masters Landscape Architecture, Kansas
State University
CERTIFICATIONS/REGISTRATIONS
California Landscape Architect #5329
DAVE RUBIN, PLA, ASLA, QSD/P
• City of Dublin On-Call Services since
2020
• Passatempo Park, Dublin
• Shannon Park Water Play, Dublin
• Wallis Ranch, Dublin
• Mape Memorial Park Pathway
Relocation, Dublin
• Irrigation System Retrofit, Paso Robles
• City of Tracy Plan Checking Services
• Pleasanton City-wide Turf Reduction
• 20+ projects for Hayward Area
Recreation District On-Call Services
PRINCIPAL IN CHARGE
DESIGNER
Brian Neshek
ALTERNATE PRINCIPAL
Brian Fletcher, PLA, ASLA
SUSTAINABILITY EXPERT
Kelly Kong, PLA, CPSI
SITES AP
EDUCATION
BS in Landscape Architecture, UC Davis
CERTIFICATIONS/REGISTRATIONS
California Landscape Architect #6653
MELINDA WANG, PLA, RESCAPE
• Wallis Ranch Park, Dublin
• Mape Memorial Park Pathway
Relocation, Dublin
• Metro Tango Park, Milpitas
• Mission & Mattox Interim Activation,
Hayward
• Corn Palace Park, Sunnyvale
• Sunnyvale Tennis Courts
Reconstruction
• City of San Jose Park Design
Guidelines
PROJECT MANAGER
TEAM ORGANIZATION
The strength of a team is built upon the unique skills and expertise of each member. CALA brings together a highly experienced team of professionals, each with a strong passion for enhancing the public sphere through innovative design. With a proven track record in successfully delivering a wide range of projects, our team members have been carefully selected for their expertise and ability to provide exceptional service for your projects.
216
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SERVICES PROVIDED
REFERENCES / SAMPLE PROJECT LINKS
MISSION & MATTOX // CURRENT
The Hayward Area Recreation and Parks District (H.A.R.D.) purchased a property that it plans to develop into a recreational facility as part of a long-range plan. A future park master plan will ultimately guide the development of the parcel, and the schedule and funding for the future facility has not been determined yet. In the meantime, the District wanted to activate the site with interim improvements as soon as possible and selected CALA to develop a conceptual design and cost estimate. The interim improvements include pickleball courts, a roller skating rink, a futsal practice court, a picnic area, a food truck area, and flexible use space.
Multi-Use Court,
Colored Asphalt
Paving
MISSION & MATTOX INTERIM ACTIVATION H.A.R.D. 22049_Concepts.indd SEPTEMBER 5, 2023
0 10’ 20’ 40’
CONCEPTUAL DESIGN
Pickleball Court,
Colored Asphalt Paving,
Typ. of 9
Food Truck
Parking
Picnic Area
Bench, Typ. Double Gate
Bike Repair
Station
Asphalt Paving, Typ.
Parking Lot,
18 Stalls
Chain Link
Fence, Typ.
Asphalt Paving with
Colored Striping, Typ.
K-rail Barrier, Typ.
Acoustifence
Panels on Existing
Fence for Noise
Reduction
Bike Skills Area,
Colored Asphalt Paving
Roller Skating Rink,
Colored Asphalt Paving
Bench, Typ.
Parking Lot, 12 Stalls
MISSION BLVD
BANCHERO’S
ITALIAN
DINNERS
CARPENTERS LOCAL UNION
MATTOX RD
FOOD TRUCKS
ROLLER SKATING RINK
KIDS OBSTACLE COURSE
COLORED ASPHALT PAVING
Bike Rack, Typ. Picnic Table with Shade
Canopy, Typ.
Trench Drain, Typ.
Kid’s Obstacle Course
SIngle Gate,
Typ.
Trash
Receptacle
Drinking Fountain
Shrub Planting, Typ.
HAYWARD AREA RECREATION DISTRICT
MEGHAN TIERNAN // 510.881.6712
[email protected]
Preliminary Design
Programming
PS&ES
Bidding and Construction Assistance
TRACY PLAN CHECKING // CURRENT
Since 2023, CALA has been working with the City of Tracy providing plan checking services for various landscape improvement plans in compliance with the City of Tracy’s standards. Services include reviewing the plans for completeness, identifying deficiencies, and ensuring alignment with conditions of approval, verifying that construction documents match the approved conceptual plan, reviewing details like tree layout, plant density, and street infrastructure, providing redlines, memorandums, and engaging with City staff to finalize comments.
After the first set of plan checks are completed, we then confirm the completeness of resubmitted plans, ensuring previous comments are addressed. If no major changes are expected, we prepare a final approval package with a Letter of Recommendation and submit it to the City for processing.
GB
OPEN TURF
1.61 ACRE
4:1 SLOPE
4:1 SLOPE
453.8
467.0
451.8
453.4
454.0
455.0
456.0
457.0
458.0 459.0
450.0
459.0
SLOPE UP 5%
SLOPE 2%
458.0
457.0 456.0 455.0
454.0
SLOPE UP 5%
451.0
452.0
453.0
449.0
448.0
447.0
446.0
445.0
459.0
453.4
MAX. SLOPE 5%
10' PRIMARY WALKWAY LOOP
4:1 (MAX.) PLANTED SLOPE
OUND (5-12 YR.)
DE AND SWING
PARK SIGNAGE
EL VAULT METAL
TABLES, 1 BBQ,
AIN, BIKE RACKS
PLAY AND SLIDE
ESSIBLE ACCESS
ADE STRUCTURE
SEATING SPACE
PLANTED SLOPE
SECONDARY NEIGHBORHOOD ACCESS
ACCESSIBLE DG PATH
ARKING SPACES
4:1 (MAX.) PLANTED SLOPE
ROUND (2-5 YR.)
LUDING SWING
SEATING SPACE
TRUCTURE WITH
NKMENT BRIDGE
BENCH WITH COMPANION SEATING SPACE
PICNIC TABLE
PICNIC TABLE
10' PRIMARY WALKWAY LOOP
10' PRIMARY WALKWAY LOOP
STREET II
STREET E
STREET D
incorporate more
boulders surrounding
playground to enhance
theme
maybe eliminate one
planter and use $$ to
construct seatwall to
protect plants - select
plant material carefully
that can handle foot
traffic & avoid plants
that attract stinging
insects
*need at least 1 additional active play amenity
such as climbing wall / rocks or fitness stations
n to 4.5% max. for
uction tolerance, typ.
sloped walkways
Indicate general grade
relationship between
sidewalk and picnic area to
communicate design intent
Provide building pad
elevations along this edge so
that we can see slope and
elevation difference between
residential lots and park.
(this was a prior comment)
Factor in enough space for a swale
at the toe of slope to capture runoff
from the slope draining into the park,
similar to NP-1, typ.
Since this path is cutting across a
slope it should have a 1-2' flat shoulder
on the high and low side or a 6" raised
curb on either side of the path. Factor
that into the area needed for the slope.
Remove this bench.
Unusual to be seating
with back to street right
next to the sidewalk
and will be tricky to
grade in with the sloped
walkway.
Consolidate 4 bike
racks in one area, only
need 3' between two
racks
Large area with
nothing, add picnic
tables.
Add another BBQ
beside this one since
there is a good amount
of tables.
Looks like there will
need to be a retaining
wall at the rubber
surfacing embankment
if the planting area is
generally following the
pathway slope.
Communicate design
intent with conceptual
grades.
Provide curb
ramps at
crosswalks, typ. Mowing around trees
will be difficult. Provide
at least 5' for mower to
ride between the
sidewalk and trees.
Looks like this is the
park maintenance
vehicle access point,
provide a curb ramp
and removable
bollards.
Provide at least 1'
offset from edge of
rubber to use zone for
construction
contingency
ow crosswalks to
s curb ramp
Provide conceptual
grades in the lower
part of the play area to
help communicate
design intent
Tricky to mow this corner
with the bench pad and
tree. Convert it to planting
or move the tree in toward
the lawn.
Drinking by the trash could
be unpleasant. Provide more
separation between the
fountain and receptacles.
Confirm that conceptual
grading will work here and
how drainage will be handled
in the gutter line.
OVERALL COMMENTS:
There is a significant amount
of unused space in the play
area. Consider adding more
play equipment or tightening
up the footprint.
Secondary pathway
stays where it is
Primary pathway
follows the 'desire line'
Planting area opportunity
for focal element, public art,
or specimen tree
Provide bench seating
around the lawn, typ.
CITY OF TRACY
RICHARD JOAQUIN//209.831.6235
[email protected]
SERVICES PROVIDED
Plan Reviews
217
SERVICES PROVIDED
FAYETTE PARK // COMPLETED 2023
Fayette Park is a 0.5-acre neighborhood site dedicated for park use by the owners of the 400 San Antonio Road mixed-use development (the Dean Apartments). The park is located within the San Antonio Change Area, one of three change areas identified in the City’s 2030 General Plan where housing growth is focused. Change areas offer housing opportunities near jobs, services, and public transportation, so the mini park provides an opportunity for respite within a rapidly growing neighborhood. CALA provided schematic design, design development, construction document preparation, bidding, and construction administration services for this project.
CITY OF MOUNTAIN VIEW
MARICHRISSE HOANG// 650.903.6991
[email protected]
Preliminary Design
Public Outreach
PS&Es
Bidding & Construction Assistance
WELO Documentation
Permit Assistance
SERVICES PROVIDED
WALLIS RANCH PARK// CURRENT
Wallis Ranch Community Park is a new 8.85-acre park adjacent to Tassajara Creek that provides a range of recreational amenities including a dog park, lighted tennis, pickleball, and basketball courts, play areas, fitness stations, picnic areas, open turf area, restrooms, multi-stream waste bins, and on-site parking with EV charging. Pavement is constructed with low-carbon concrete and recycled aggregate base. In addition, the landscaping includes many drought-tolerant and native plant species and incorporates permaculture principles and dry wells to harvest rainwater.
CITY OF DUBLIN
ROSEMARY ALEX// 925.833.6646
[email protected]
Master Planning
Public Outreach
Design Development
PS&Es
Bidding & Construction Assistance
WELO Documentation
ReScape Certification
218
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CONFLICT OF INTEREST STATEMENT/ ABILITY
TO MEET CONTRACT REQUIREMENTS
CONFLICT OF INTEREST
CALA has no direct or potential conflicts of interest.
CONTRACT & INSURANCE REQUIREMENTS
CALA meets and/or exceeds the insurance requirements listed in the sample agreement.
CALA requests the removal of the terms “Defend” and “Assume Defense” from the Indemnification Clause to ensure the project remains insurable, as the obligation to “defend” is not required under CA Civil Code 2782.8. Instead, the clause would state that the consultant will “indemnify and hold harmless” without any reference to defense obligations, except for the last sentence, which specifies that if the consultant is found negligent by a court or arbitration, they will only be responsible for reimbursing reasonable defense costs, limited to their proportionate percentage of fault.
Year
completed
PARKS & RECREATION
PROJECTS CLIENT Park Planning & Design
Community & Stakeholder Outreach
PS&Es
Bidding & Construction Administration
Multiple Subconsultants
Multiple Agency Coordination
Neighborhood Park
Community Park
Park Renovation
Infrastructure Upgrades
Phased Project to Maximize Funding
Under 10 AcresUnder 20 Acres
20+ Acres
Trails & Connections
All Inclusive Play
Adjacent/Bordering School
Open Space
Dog Park
Skate Park/Pump Track
Athletic Facilities
Sports Courts
Multi-Use Fields
Group Shelter/Picnic Areas
Estimate /
Construction
costs
Current Shorline Park Playground Renovation City of Mountain View Current Elia Park CIty of San Jose
Current Northstar Park Field Renovation City of Davis
Current Mt Eden Park Renovation H.A.R.D $3,457,480
Current Monta Loma Park Improvements City of Mountain View Current Orinda PIckleball Courts & Dog Park City of Orinda Current Cardinal Oaks Park Carmichael Rec & Park $2,000,000 Current KT52 Park CIty of Roseville $4,000,000
Current Grantline 208/Arista Del Sol Park Cordova Rec & Park District $9,300,000 Current Dr. Martin Luther King Jr Park CIty of Modesto $13,293,640 Current Columbus Park Renovation City of Stockton $2,700,000 Current McKinely Park & Pool Renovation City of Stockton $11,347,400 Current Jimenez Park Phase III CIty of Lincoln $2,500,000 Current Brentford Circle Park City of Lincoln $5,000,000 Current Allan Witt Park Renovation (5 phases) CIty of Fairfield $24,000,000 Current
North Texas Recreation Facility (Linear
Park Node 4A) CIty of Fairfield $15,139,000
Current Pistachio Park CIty of Roseville $22,000,000
Current Village Park Renovation Fair Oaks Rec & Park District $21,700,000 Current Corderos Neighborhood Park City of Vacaville $1,500,000 Current Palisades Park Sports Courts City of Pismo Beach $1,500,000 Current Oakley Community Regional Park City of Oakley $128,662,920 Current Enrico Cinquini Park City of Oakley $7,685,630
Current East Hillsdale Park Improvements CIty of San Mateo $1,914,710 Current Walllis Ranch Community Park City of Dublin
Current Willow Oaks Park City of Menlo Park $3,800,000
Current Burgess Park Renovation City of Menlo Park $1,000,000 Current Evelyn Mini Park City of Mountain View $1,360,000 Current Monta Loma Park Improvements City of Mountain View $481,000 Current MLK Park Santa Rosa City of Santa Rosa $5,400,000 Current
Chumash and Palisades Park
Playground Renovations CIty of Pismo Beach $1,150,000
Current Corn Palace Park City of Sunnyvale $4,859,370
Current ARPA Park Rehab CIty of Milpitas $2,300,000
Current Mission & Mattox Interim Activation H.A.R.D $1,498,610 Current The Alameda Park City of San Jose $1,400,000
Current Penitencia Creek Dog Park City of San Jose $700,000 Current Lions Wayside Delucchi Park City of Pleasanton $1,841,210 Current Ranch Village 8 Cordova Rec & Park District $1,646,675 Current Unity Park CIty of Elk Grove $3,591,770
Current Equinoa Park Renovation City of Stockton $3,738,000 2024 Centennial Way Extension City of South S.F. $4,505,417 2023 Royer Park Playground Renovation City of Roseville $658,979 2023 Rosemont Park Cordova Rec & Park District $700,000 2023 Orange Memorial Park MP City of South S.F.
2023 Jack Slaven Park Phase 2 City of Woodland $636,865 2023 Rick Gonzales Sr Park Phase 2 City of Woodland $3,284,729 2023 Springlake Park Phase 2 City of Woodland $3,018,393 2023 Fayette Park (San Antonio Mini Park) CIty of Mountain View $1,412,729 2023 Wilson Park Community Garden City of Cupertino
2023 Saratoga Creek Dog Park City of San Jose
RiLid& Elt
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estimate in progress
estimate in progress
estimate in progress
estimate in progress
estimate in progress
$7,700,000
$280,000
$726,000
$401000
$113,290,530
Year
completed
PARKS & RECREATION
PROJECTS CLIENT Park Planning & Design
Community & Stakeholder Outreach
PS&Es
Bidding & Construction Administration
Multiple Subconsultants
Multiple Agency Coordination
Neighborhood Park
Community Park
Park Renovation
Infrastructure Upgrades
Phased Project to Maximize Funding
Under 10 AcresUnder 20 Acres
20+ Acres
Trails & Connections
All Inclusive Play
Adjacent/Bordering School
Open Space
Dog Park
Skate Park/Pump Track
Athletic Facilities
Sports Courts
Multi-Use Fields
Group Shelter/Picnic Areas
Estimate /
Construction
costs
Current Shorline Park Playground Renovation City of Mountain View Current Elia Park CIty of San Jose
Current Northstar Park Field Renovation City of Davis
Current Mt Eden Park Renovation H.A.R.D $3,457,480
Current Monta Loma Park Improvements City of Mountain View Current Orinda PIckleball Courts & Dog Park City of Orinda Current Cardinal Oaks Park Carmichael Rec & Park $2,000,000 Current KT52 Park CIty of Roseville $4,000,000
Current Grantline 208/Arista Del Sol Park Cordova Rec & Park District $9,300,000 Current Dr. Martin Luther King Jr Park CIty of Modesto $13,293,640 Current Columbus Park Renovation City of Stockton $2,700,000 Current McKinely Park & Pool Renovation City of Stockton $11,347,400 Current Jimenez Park Phase III CIty of Lincoln $2,500,000 Current Brentford Circle Park City of Lincoln $5,000,000 Current Allan Witt Park Renovation (5 phases) CIty of Fairfield $24,000,000 Current
North Texas Recreation Facility (Linear
Park Node 4A) CIty of Fairfield $15,139,000
Current Pistachio Park CIty of Roseville $22,000,000
Current Village Park Renovation Fair Oaks Rec & Park District $21,700,000 Current Corderos Neighborhood Park City of Vacaville $1,500,000 Current Palisades Park Sports Courts City of Pismo Beach $1,500,000 Current Oakley Community Regional Park City of Oakley $128,662,920 Current Enrico Cinquini Park City of Oakley $7,685,630
Current East Hillsdale Park Improvements CIty of San Mateo $1,914,710 Current Walllis Ranch Community Park City of Dublin
Current Willow Oaks Park City of Menlo Park $3,800,000
Current Burgess Park Renovation City of Menlo Park $1,000,000 Current Evelyn Mini Park City of Mountain View $1,360,000 Current Monta Loma Park Improvements City of Mountain View $481,000 Current MLK Park Santa Rosa City of Santa Rosa $5,400,000 Current
Chumash and Palisades Park
Playground Renovations CIty of Pismo Beach $1,150,000
Current Corn Palace Park City of Sunnyvale $4,859,370
Current ARPA Park Rehab CIty of Milpitas $2,300,000
Current Mission & Mattox Interim Activation H.A.R.D $1,498,610 Current The Alameda Park City of San Jose $1,400,000
Current Penitencia Creek Dog Park City of San Jose $700,000 Current Lions Wayside Delucchi Park City of Pleasanton $1,841,210 Current Ranch Village 8 Cordova Rec & Park District $1,646,675 Current Unity Park CIty of Elk Grove $3,591,770
Current Equinoa Park Renovation City of Stockton $3,738,000 2024 Centennial Way Extension City of South S.F. $4,505,417 2023 Royer Park Playground Renovation City of Roseville $658,979 2023 Rosemont Park Cordova Rec & Park District $700,000 2023 Orange Memorial Park MP City of South S.F.
2023 Jack Slaven Park Phase 2 City of Woodland $636,865 2023 Rick Gonzales Sr Park Phase 2 City of Woodland $3,284,729 2023 Springlake Park Phase 2 City of Woodland $3,018,393 2023 Fayette Park (San Antonio Mini Park) CIty of Mountain View $1,412,729 2023 Wilson Park Community Garden City of Cupertino
2023 Saratoga Creek Dog Park City of San Jose
2023 Westside Park Renovation
Rio Linda & Elverta Rec &
Park District
2022 Davis Sports Courts Rehabilitation City of Davis
2022 Labyrinth Park Cordova Rec & Park District $1,993,550 2022 Pyramid Peak Park Cordova Rec & Park District $340 000
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estimate in progress
estimate in progress
estimate in progress
estimate in progress
estimate in progress
$7,700,000
$280,000
$726,000
$401,000
$1,517,127
$113,290,530
Year
completed
PARKS & RECREATION
PROJECTS CLIENT Park Planning & Design
Community & Stakeholder Outreach
PS&Es
Bidding & Construction Administration
Multiple Subconsultants
Multiple Agency Coordination
Neighborhood Park
Community Park
Park Renovation
Infrastructure Upgrades
Phased Project to Maximize Funding
Under 10 AcresUnder 20 Acres
20+ Acres
Trails & Connections
All Inclusive Play
Adjacent/Bordering School
Open Space
Dog Park
Skate Park/Pump Track
Athletic Facilities
Sports Courts
Multi-Use Fields
Group Shelter/Picnic Areas
Estimate /
Construction
costs
Current Shorline Park Playground Renovation City of Mountain View Current Elia Park CIty of San Jose
Current Northstar Park Field Renovation City of Davis
Current Mt Eden Park Renovation H.A.R.D $3,457,480
Current Monta Loma Park Improvements City of Mountain View Current Orinda PIckleball Courts & Dog Park City of Orinda Current Cardinal Oaks Park Carmichael Rec & Park $2,000,000 Current KT52 Park CIty of Roseville $4,000,000
Current Grantline 208/Arista Del Sol Park Cordova Rec & Park District $9,300,000 Current Dr. Martin Luther King Jr Park CIty of Modesto $13,293,640 Current Columbus Park Renovation City of Stockton $2,700,000 Current McKinely Park & Pool Renovation City of Stockton $11,347,400 Current Jimenez Park Phase III CIty of Lincoln $2,500,000 Current Brentford Circle Park City of Lincoln $5,000,000 Current Allan Witt Park Renovation (5 phases) CIty of Fairfield $24,000,000 Current
North Texas Recreation Facility (Linear
Park Node 4A) CIty of Fairfield $15,139,000
Current Pistachio Park CIty of Roseville $22,000,000
Current Village Park Renovation Fair Oaks Rec & Park District $21,700,000 Current Corderos Neighborhood Park City of Vacaville $1,500,000 Current Palisades Park Sports Courts City of Pismo Beach $1,500,000 Current Oakley Community Regional Park City of Oakley $128,662,920 Current Enrico Cinquini Park City of Oakley $7,685,630
Current East Hillsdale Park Improvements CIty of San Mateo $1,914,710 Current Walllis Ranch Community Park City of Dublin
Current Willow Oaks Park City of Menlo Park $3,800,000
Current Burgess Park Renovation City of Menlo Park $1,000,000 Current Evelyn Mini Park City of Mountain View $1,360,000 Current Monta Loma Park Improvements City of Mountain View $481,000 Current MLK Park Santa Rosa City of Santa Rosa $5,400,000 Current
Chumash and Palisades Park
Playground Renovations CIty of Pismo Beach $1,150,000
Current Corn Palace Park City of Sunnyvale $4,859,370
Current ARPA Park Rehab CIty of Milpitas $2,300,000
Current Mission & Mattox Interim Activation H.A.R.D $1,498,610 Current The Alameda Park City of San Jose $1,400,000
Current Penitencia Creek Dog Park City of San Jose $700,000 Current Lions Wayside Delucchi Park City of Pleasanton $1,841,210 Current Ranch Village 8 Cordova Rec & Park District $1,646,675 Current Unity Park CIty of Elk Grove $3,591,770
Current Equinoa Park Renovation City of Stockton $3,738,000 2024 Centennial Way Extension City of South S.F. $4,505,417 2023 Royer Park Playground Renovation City of Roseville $658,979 2023 Rosemont Park Cordova Rec & Park District $700,000 2023 Orange Memorial Park MP City of South S.F.
2023 Jack Slaven Park Phase 2 City of Woodland $636,865 2023 Rick Gonzales Sr Park Phase 2 City of Woodland $3,284,729 2023 Springlake Park Phase 2 City of Woodland $3,018,393 2023 Fayette Park (San Antonio Mini Park) CIty of Mountain View $1,412,729 2023 Wilson Park Community Garden City of Cupertino
2023 Saratoga Creek Dog Park City of San Jose
2023 Westside Park Renovation
Rio Linda & Elverta Rec &
Park District
2022 Davis Sports Courts Rehabilitation City of Davis
2022 Labyrinth Park Cordova Rec & Park District $1,993,550 2022 Pyramid Peak Park Cordova Rec & Park District $340,000 2022 Oliver Sports Park ADA Improvements H.A.R.D $457,645 2022 Campbell Park Renovation City of Campbell $1,700,000 2022 Orinda Community Park City of Orinda $3300000
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estimate in progress
estimate in progress
estimate in progress
estimate in progress
estimate in progress
$7,700,000
$280,000
$726,000
$401,000
$1,517,127
$113,290,530
Year
completed
PARKS & RECREATION
PROJECTS CLIENT Park Planning & Design
Community & Stakeholder Outreach
PS&Es
Bidding & Construction Administration
Multiple Subconsultants
Multiple Agency Coordination
Neighborhood Park
Community Park
Park Renovation
Infrastructure Upgrades
Phased Project to Maximize Funding
Under 10 AcresUnder 20 Acres
20+ Acres
Trails & Connections
All Inclusive Play
Adjacent/Bordering School
Open Space
Dog Park
Skate Park/Pump Track
Athletic Facilities
Sports Courts
Multi-Use Fields
Group Shelter/Picnic Areas
Estimate /
Construction
costs
Current Shorline Park Playground Renovation City of Mountain View Current Elia Park CIty of San Jose
Current Northstar Park Field Renovation City of Davis
Current Mt Eden Park Renovation H.A.R.D $3,457,480
Current Monta Loma Park Improvements City of Mountain View Current Orinda PIckleball Courts & Dog Park City of Orinda Current Cardinal Oaks Park Carmichael Rec & Park $2,000,000 Current KT52 Park CIty of Roseville $4,000,000
Current Grantline 208/Arista Del Sol Park Cordova Rec & Park District $9,300,000 Current Dr. Martin Luther King Jr Park CIty of Modesto $13,293,640 Current Columbus Park Renovation City of Stockton $2,700,000 Current McKinely Park & Pool Renovation City of Stockton $11,347,400 Current Jimenez Park Phase III CIty of Lincoln $2,500,000 Current Brentford Circle Park City of Lincoln $5,000,000 Current Allan Witt Park Renovation (5 phases) CIty of Fairfield $24,000,000 Current
North Texas Recreation Facility (Linear
Park Node 4A) CIty of Fairfield $15,139,000
Current Pistachio Park CIty of Roseville $22,000,000
Current Village Park Renovation Fair Oaks Rec & Park District $21,700,000 Current Corderos Neighborhood Park City of Vacaville $1,500,000 Current Palisades Park Sports Courts City of Pismo Beach $1,500,000 Current Oakley Community Regional Park City of Oakley $128,662,920 Current Enrico Cinquini Park City of Oakley $7,685,630
Current East Hillsdale Park Improvements CIty of San Mateo $1,914,710 Current Walllis Ranch Community Park City of Dublin
Current Willow Oaks Park City of Menlo Park $3,800,000
Current Burgess Park Renovation City of Menlo Park $1,000,000 Current Evelyn Mini Park City of Mountain View $1,360,000 Current Monta Loma Park Improvements City of Mountain View $481,000 Current MLK Park Santa Rosa City of Santa Rosa $5,400,000 Current
Chumash and Palisades Park
Playground Renovations CIty of Pismo Beach $1,150,000
Current Corn Palace Park City of Sunnyvale $4,859,370
Current ARPA Park Rehab CIty of Milpitas $2,300,000
Current Mission & Mattox Interim Activation H.A.R.D $1,498,610 Current The Alameda Park City of San Jose $1,400,000
Current Penitencia Creek Dog Park City of San Jose $700,000 Current Lions Wayside Delucchi Park City of Pleasanton $1,841,210 Current Ranch Village 8 Cordova Rec & Park District $1,646,675 Current Unity Park CIty of Elk Grove $3,591,770
Current Equinoa Park Renovation City of Stockton $3,738,000 2024 Centennial Way Extension City of South S.F. $4,505,417 2023 Royer Park Playground Renovation City of Roseville $658,979 2023 Rosemont Park Cordova Rec & Park District $700,000 2023 Orange Memorial Park MP City of South S.F.
2023 Jack Slaven Park Phase 2 City of Woodland $636,865 2023 Rick Gonzales Sr Park Phase 2 City of Woodland $3,284,729 2023 Springlake Park Phase 2 City of Woodland $3,018,393 2023 Fayette Park (San Antonio Mini Park) CIty of Mountain View $1,412,729 2023 Wilson Park Community Garden City of Cupertino
2023 Saratoga Creek Dog Park City of San Jose
2023 Westside Park Renovation
Rio Linda & Elverta Rec &
Park District
2022 Davis Sports Courts Rehabilitation City of Davis
2022 Labyrinth Park Cordova Rec & Park District $1,993,550 2022 Pyramid Peak Park Cordova Rec & Park District $340,000 2022 Oliver Sports Park ADA Improvements HARD $457,645
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estimate in progress
estimate in progress
estimate in progress
estimate in progress
estimate in progress
$7,700,000
$280,000
$726,000
$401,000
$1,517,127
$113,290,530
219
10 / 10
FEE SCHEDULE
www.callanderassociates.com
BURLINGAME GOLD RIVER RENO SAN JOSE
1633 Bayshore Highway,
Suite 133
12150 Tributary Point Drive,
Suite 140
275 Hill St,
Suite 260
2025 Gateway Place,
Suite 285
Burlingame, CA 94010 Gold River, CA 95670 Reno, NV 89501 San Jose, CA 95110 650.375.1313 916.985.4366 775.787.2828 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
Standard Schedule of Compensation 2025-2029 San Jose & Burlingame
GENERAL
The following list of fees and reimbursable expense items shall be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of an updated Standard Schedule of Compensation:
Hourly Rates
Reimbursable Expenses Rates
Expenses cost + 15%
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel /
food), testing and outside services, and other
project related expenses
Communications and Insurance Surcharge 2.5% of total fees Subconsultant Administration 10% of Subconsultant Costs
PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.
Principal $258 - $290 /hour
Senior Associate $234 - $263 /hour
Associate $223 - $250 /hour
Arborist/Construction Manager $196 - $220 /hour
Senior Project Manager $202 - $227 /hour
Project Manager 1 $193 - $217 /hour
Project Manager 2 $183 - $206 /hour
Job Captain $169 - $190 /hour
Designer 1 $159 - $179 /hour
Designer 2 $144 - $162 /hour
Assistant Designer $129 - $145 /hour
Accounting $195 - $219 /hour
Senior Project Administrator $148 - $167 /hour
Project Administrator $132 - $148 /hour
ON-CALL FEE SCHEDULE 2025 - 2028
LANDSCAPE ARCHITECTURE SERVICES
220
APPENDIX : SUBCONSULTANTS
TEAMWORK
What we don’t have in-house we can provide through subconsultants. Because we routinely work as a prime consultant we have extensive experience in contracting for outside services and would recommend several parks and recreation specialized subconsultants that have successfully served us on other similar projects. Our relationships with many of these consultants go back more than 25 years. Those kinds of relationships pay dividends, particularly on projects with challenging schedules where the responsiveness of the subconsultant is all important to the project’s success. Common services for which we bring in subconsultants include:
• Civil Engineering/Survey
• Structural Engineering
• Geotechnical Engineering
• Electrical Engineering
• Architecture
• Environmental
Depending on the specifics of the project, we will collaborate with the City to select the most appropriate subconsultant. For parks and recreation projects, we have established strong relationships with the following subconsultants, and would be happy to recommend them:
MULTI-TEAM experience 6
subs
4 subs
8 subs
221
CIVIL ENGINEERING/SURVEY
BENNETT ENGINEERING: Certified DBE & SBE
Bennett Engineering Services + Y&C Transportation Consultants (Bennett+Y&C) has provided enduring and award-winning civil engineering services to cities, counties, special districts, universities, private companies, and other professionals since 1995. Bennett+Y&C takes pride in finding innovative and cost-effective engineering solutions for parks and recreation, transportation, water, wastewater, drainage, site improvement, and other important infrastructure projects. What sets the firm apart is its ability to partner with clients early in project development and retain that partnership through construction.
Bennett+Y&C is a California Disadvantaged Business Enterprise (DBE #43459) and certified Small Business Enterprise (SBE #52302) with 41 employees, including 19 licensed professional engineers.
Office locations include Sacramento, Fremont, and Milpitas, with their headquarters in Roseville, California. The team has provided on-call civil engineering services to CALA since 2015. f Direct expenses (including, but not limited to, mileage, reproduction, postage, online assessor mapping fees, etc.) and subconsultant costs will be billed at cost plus fifteen percent (15%) for administration, coordination, and handling.
f Standard hourly rates do not apply to a demand to perform work during an overtime period.
Work required to be performed during an overtime period (as mandated by California law) will be charged at a 50% premium. Work mandated by Prevailing Wage laws will be charged accordingly.
f Hourly rates include all compensation for wages, salary-related benefits, overhead, general office administration, and profit. Direct project administrative hours will be billed at the rate shown above.
f Classifications may be added or removed as-needed without notice. f Changes in the requested scope of work or projected schedule may result in the revision of the proposed fees and amendment to the total contract amount. f Rates are subject to change annually effective July 1, 2024 BENNETT ENGINEERING SERVICES + Y&C TRANSPORTATION CONSULTANTS Billing
Classifications
Rate
Class
Charge
Rate
ENGINEER
10 $281
9 $268
8 $255
7 $243
6 $230
5 $217
4 $204
3 $192
2 $179
1 $166
Billing
Classifications
Rate
Class
Charge
Rate
DESIGNER/TECH
7 $188
6 $173
5 $157
4 $142
3 $127
2 $1 1 1
1 $96
PROJECT ADMINISTRATOR
3 $120
2 $95
1 $79
Professional Staff Rate Schedule | 2023/2024 Fiscal Year f Direct expenses (including, but not limited to, mileage, reproduction, postage, online assessor mapping fees, etc.) and subconsultant costs will be billed at cost plus fifteen percent (15%) for administration, coordination, and handling.
f Standard hourly rates do not apply to a demand to perform work during an overtime period.
Work required to be performed during an overtime period (as mandated by California law) will be charged at a 50% premium. Work mandated by Prevailing Wage laws will be charged accordingly.
f Hourly rates include all compensation for wages, salary-related benefits, overhead, general office administration, and profit. Direct project administrative hours will be billed at the rate shown above.
f Classifications may be added or removed as-needed without notice. f Changes in the requested scope of work or projected schedule may result in the revision of the proposed fees and amendment to the total contract amount. f Rates are subject to change annually effective July 1, 2024 BENNETT ENGINEERING SERVICES + Y&C TRANSPORTATION CONSULTANTS Billing
Classifications
Rate
Class
Charge
Rate
ENGINEER
10 $281
9 $268
8 $255
7 $243
6 $230
5 $217
4 $204
3 $192
2 $179
1 $166
Billing
Classifications
Rate
Class
Charge
Rate
DESIGNER/TECH
7 $188
6 $173
5 $157
4 $142
3 $127
2 $1 1 1
1 $96
PROJECT ADMINISTRATOR
3 $120
2 $95
1 $79
Professional Staff Rate Schedule | 2023/2024 Fiscal Year 222
ELECTRICAL ENGINEERING
AURUM CONSULTING
Aurum Consulting Engineers, offers statewide electrical and low voltage systems design services from conception to the completion of construction. As an electrical engineering design firm incorporated in 1998, Aurum has successfully completed well over 6,000 projects and has a clear understanding what it takes for the construction process to move along smoothly. Our added value consists of integrating the design process with all trades involved, while adapting to the client’s requirements and focusing on a value conscious design. Our comprehensive electrical system design capabilities include design of lighting and power distribution, fire alarm and life safety, and data/communications systems.
RATE SCHEDULE
STRUCTURAL ENGINEERING
RW CONSULTING
RW Consulting Engineers, Inc. is a structural engineering firm located in West Sacramento. The three primary principals have over 65 years of combined experience in the design of custom residential, commercial, healthcare, public school, and parks and recreational facilities. The firm experience encompasses not only the traditional materials such as wood, steel, concrete and masonry, but light-gage steel, structural insulated panels, log homes, and development of modular prefabricated systems. This broad experience allows RW to provide the innovative, cost-effective solutions needed.
RATE SCHEDULE
223
GEOTECHNICAL
BSK ASSOCIATES: Certified SBE-PW
Founded in 1966 in Fresno, BSK Associates (BSK) is a 100 percent employee-owned, Californiagrown firm with a 35+ year presence in the Bay Area. BSK provides geotechnical and environmental engineering, construction observation, materials testing, special inspection, and analytical chemistry laboratory services.
Nearly 75 percent of their Bay Area project support is for public agencies. As a firm and locally, BSK holds numerous on-call contracts with public agencies and with that, has a tremendous amount of experience with both structures and park types of projects of which a landscape architect may prime. For example, some of their Bay Area team’s most recent park and recreation facility projects include Pacifica Beach Park (City of Pacifica), The Wave aquatic center (City of Dublin), Oakley Recreation Center (City of Oakley), Via Toledo Park (Hayward Area Recreation and Park District; site located in San Lorenzo), Bernal Community Park Phases I and II (City of Pleasanton), Siempre Verde Park (City of San Leandro), Clover Park (City of Dublin), Sandalwood Park (City of Milpitas), Imagine Playground at Dublin Sports Grounds (City of Dublin), Fallon Sports Park Phase 3 Improvements (City of Dublin), and the Heritage Park and Museums (City of Dublin).
PERSONNEL RATE SCHEDULE (Materials Lab Testing Rates can be provided later) 224
ENVIRONMENTAL
LSA
LSA has provided multi-disciplinary land use planning, environmental planning, and regulatory permit services since 1976. LSA’s environmental analysts and planners are active in all aspects of community development, land use planning, and public involvement. As technical specialists, they provide expertise in biological resources, wetland permitting, cultural resources, water quality, transportation, air quality, global climate change, and noise. Their team of certified and registered professionals provides in-house technical support covering the majority of services necessary to prepare and peer review environmental documents and supporting technical documentation. LSA’s professional staff brings extensive scientific knowledge, an understanding of environmental regulations, solid problemsolving skills, and well-rounded solutions to meet the needs of diverse clients.
Technical Areas of Expertise:
CEQA/NEPA
Biological Resources
Air Quality, Greenhouse Gas Emissions, and Energy
Noise Regulatory Permitting
Mitigation Monitoring and Reporting
Construction Monitoring
Regulations and Requirements
Cultural and Paleontological Resources
RATE SCHEDULE
Historic Resources
Hydrology and Water Quality
Hazards/Hazardous Materials Analysis
Community Planning
Sustainability Planning
Transportation/Mobility
Project Management
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ARCHITECTURAL
GROUP 4 ARCHITECTURE: Certified SBE & WBE
Group 4 Architecture, Research + Planning, Inc., is a full-service architecture firm of talented professionals inspired to create places for communities to gather, imagine, and grow. Since our incorporation in 1976, our inspired and talented staff has provided quality services to public clients and the cities, counties, and districts they serve. Our distinctly inclusive design process engages diverse public, staff, and stakeholder groups in shaping the future of their communities. Exceeding our clients’ expectations for facilities that create and communicate a vision for their communities is a key reason behind the success of our projects. More than half of our business is from repeat clients and we have successfully worked on hundreds of projects for many cities, counties, and public agencies across the country.
Group 4 is a certified small business and a majority woman-owned California corporation, with satellite offices in San Diego, Lexington, KY, Seattle, WA, and Philadelphia, PA. Our 35-person staff (30 local in South San Francisco) includes planners, architects, interior designers, and technical and construction support specialists. We are active in professional organizations such as the American Institute of Architects and the California Parks and Recreation Society. Most of our professional staff are LEED accredited, and we are signatory to AIA’s 2030 Commitment.
RATE SCHEDULE
PROJECT MANAGER: $210
PROJECT DESIGNER: $200
ARCHITECT 1: $175
226
CLIENT BASE
CALA serves as the prime consultant on the majority of projects undertaken by our firm. In this role, we have had the privilege of assisting with parks and recreation projects for numerous municipalities across Northern California through on-call contracts. We take pride in becoming an extension of your team throughout the entire process, ensuring seamless collaboration and success. Below is a brief list of clients we’ve had the pleasure of working with over the years:
CITY OF SAN JOSE CITY OF CAMPBELL CITY OF SOUTH SAN FRANCISCO APPENDIX : CALA ON-CALL EXPERIENCE
CITY OF ROSEVILLE CITY OF WOODLAND CITY OF SACRAMENTO
40+ projects
CITY OF PLEASANTON HAYWARD AREA REC DISTRICT TOWN OF DANVILLE 20+projects 20+projects projects 10+
5+projects
projects 10+ 30+ projects
20+projects
40+ projects
CITY OF ELK GROVE CITY OF DUBLIN CITY OF SAN BRUNO
5+projects projects 15+ projects 10+
227
Dave has been an integral part of CALA since 2004, growing into one of the firm’s most valuable resources and achieving the role of Principal in 2022. His unwavering dedication to each project, combined with exceptional management
and communication skills, has made a lasting impact on
his on-call clients. With extensive experience in developing meaningful design alternatives and synthesizing input from subconsultants, Dave excels in guiding project decisionmaking. As our sports field and turf replacement expert, Dave has led numerous projects that require specialized knowledge in turf management and athletic field design.
His technical expertise is complemented by strong
interpersonal skills, allowing him to effectively facilitate public meetings. Dave’s patient and collaborative
approach fosters understanding and cooperation among
all project stakeholders.
DAVE RUBIN, PLA, ASLA, QSD
EDUCATION
Master of Landscape
Architecture, Kansas State
University
B.S. in Finance, Santa Clara
University
CERTIFICATIONS/REGISTRATIONS
CA Landscape Architect #5329
Qualified SWPPP Developer (QSD)
#01120
ORGANIZATIONS
Member, American Sports
Builders Association (ASBA)
Member, American Society of
Landscape Architecture (ASLA)
Similar Project Experience:
• City of Dublin On-Call Services since 2020
• Passatempo Park, Dublin
• Shannon Park Water Play, Dublin
• Wallis Ranch, Dublin
• Mape Memorial Park Pathway Relocation, Dublin
• Irrigation System Retrofit, Paso Robles
• City of Tracy Plan Checking Services
• Pleasanton City-wide Turf Reduction
• Heritage Park, Mountain View
• Athletic Field Feasibility Study, Mountain View
• Stojanovich Family Park, Campbell
• Osage Station Park & Picnic Area Renovation, Danville • Las Palmas Playground, Sunnyvale
• Mission Hills Driving Range Renovation, Hayward
• Sycamore Valley Park Turf Replacement, Danville
• Diablo Vista Synthetic Turf Replacement, Danville
• Creekside Sports Park, Los Gatos
• Kelly Park, Menlo Park
• Hawes Park, Redwood City
• Lower Highlands Field, San Carlos
• Sports & Tennis Court Re-Surfacing, Cupertino
• Oliver Sports Park Turf Replacement, Hayward
• Campbell Park Playground Renovation, Campbell
• King Park, San Mateo
• Ramac Park Turf Conversion, San Jose
• Marlin Park Pickleball Study, Redwood City
• Wallis Ranch Community Park, Dublin
• Crestview Park, San Carlos
• Pleasanton Tennis Courts Rehabilitation, Pleasanton
• Fitness Courts at 3 Parks, Hayward
APPENDIX : CALA KEY STAFF RESUMES
228
Since joining CALA, Melinda has brought a detail-oriented and thoughtful approach to every project she’s worked
on. With a deep passion for landscape architecture and
sustainability, she practices what she advocates, biking to work, using reusable containers, and volunteering with environmentally focused groups. Melinda has a strong
interest in projects that address food systems, mental
health, and marginalized communities, and she actively
leads community outreach efforts, ensuring equitable and inclusive engagement throughout the design process. Her strong project management skills and dedication make
her an invaluable asset to our clients, ensuring projects are delivered on time, within budget, and with the highest quality. Outside of work, you can find her running in her neighborhood or training in the redwoods. Melinda is also Rescape certified.
MELINDA WANG, PLA, RQP
EDUCATION
BS Landscape Architecture, UC
Davis
CERTIFICATIONS/REGISTRATIONS
CA Landscape Architect #6653
ReScape Certified
ORGANIZATIONS
Member, American Society of
Landscape Architecture (ASLA)
Similar Project Experience:
• Wallis Ranch Community Park, Dublin
• Mape Memorial Park Pathway Relocation, Dublin
• Basketball Courts Renovation (Weekes Park), Hayward
• Mission & Mattox Interim Activation, Hayward
• Hayward & Ashland Resilient Surfacing Replacement
Projects
• Tennis Courts Renovations at Weekes Park, Hayward
• Greenridge Park, Hayward
• McClellan Ranch Community Garden, Cupertino
• Canyon Middle School Recreational Fields, Castro
Valley Unified School District
• ESUHSD Ballfield Guidelines & Improvements, East Side Union High School District
• Lincoln Glen Park All Inclusive Playground, San Jose
• Frenchman’s Creek Park, Half Moon Bay
• Plaza del Sol, Sunnyvale
• Fayette Park, Mountain View
• Metro Tango Park, Milpitas
• Corn Palace Park, Sunnyvale
• Sunnyvale Tennis Courts Reconstruction
• City of San Jose Park Design Guidelines
229
Julius Pickney, Management Analyst II
100 Civic Plaza
City of Dublin, CA 94568
On-Call Landscape Architects
City of Dublin
March 28, 2025
1655 N. Main Street
Walnut Creek, CA 94596
(925) 360-8411
[email protected]
230
TABLE OF CONTENTS
A. Cover Letter 3
B. Firm Qualifications 4
Organizational Chart 5
Resumes 6
Project Sheets 15
C. References 18
D. Conflict of Interest 20
E. Proposed Project Budget 22
F. Exceptions to the Agreement and Insurance 24
G. Appendix 26
STATEMENT OF QUALIFICATIONS
Gates + Associates
ON-CALL LANDSCAPE ARCHITECTS
City of Dublin
231
October 15, 2018
Robin Klingbeil
[email protected]
P.O. Box 660
955 School Street
Napa, CA 94559
RE: Services to Update the City of Napa Downtown Wayfinding Signage Program Dear Ms. Klingbeil,
Gates + Associates is delighted to submit this Proposal for Services to update the City of Napa Downtown Wayfinding Signage Program. We are excited by the prospect of developing a wayfinding system that will promote the area’s rich agricultural history and guide traffic through Downtown Napa, pedestrian and vehicular alike.
Gates + Associates will create a dynamic signage and wayfinding program that will facilitate navigation through the City. This type of program serves a number of critical functions. Not only does it guide users through space, but also promotes the use of local businesses through a comprehensive parking wayfinding system. It fosters a sense of community by creating a look and feel that is uniquely Downtown Napa.
As part of our process, we would produce a visual montage of historic and contemporary imagery that supports the City’s branding objectives. With the input of City representatives and stakeholders, we will carefully choose signage materials and other design elements that coordinate with and enhance the existing aesthetic, while injecting contemporary and customized identity elements. We take pride in specifying materials that are beautiful and lasting, as well as affordable. We are able to place mock-ups of the signage in the environment to facilitate decision making, and/or create photosimulations to convey how the signage will appear in the streetscape.
Gates + Associates is a fully staffed landscape architectural and urban design office. Our lead of the Environmental Graphics and Visual Communications Department and illustrator, Ana Dominguez, your Project Manager, has been in the signage and wayfinding industry for more than a decade and has designed and themed many projects of this type. Having worked for a sign fabricator for many years she understands the implementation realities of wayfinding design in terms of usability, durability and March 28, 2025
Julius Pickney, Management Analyst II
City of Dublin
100 Civic Plaza
Dublin, CA 94568
RE: On-Call Landscape Architecture Consulting Services
Dear Julius,
Gates + Associates (GATES) appreciates the opportunity to submit our qualifications to serve as On-Call Landscape Architects for the City of Dublin. We always enjoy collaborating with your staff and are proud of our joint efforts for bringing Imagine Playground and Butterfly Knoll Park to life; and replacement of the Alamo Creek fencing. We would love to continue our working relationship with the City to continue to offer dynamic and lasting public spaces for community benefit.
Grounded by our mission to “get people outside,” Gates + Associates has had the pleasure of working with numerous cities on a variety of municipal projects throughout the past 46 years, from park renovations and citywide master plans to streetscape improvements and community recreation centers. We are a 30-person corporation with a sole office location in Walnut Creek, California, where all work will be performed locally. Our team is committed to creating memorable, yet functional spaces that meet each client’s unique needs and priorities, all while carefully weighing the construction and maintenance costs inherent in design decisions. Our in-house staff is flexible, responsive and dynamic, and is equipped to work on a wide range of projects.
The proposed team in this SOQ includes key members of our firm, who bring a formidable combination of practical experience and a penchant for creating innovative yet reality-based designs customized according to the community’s priorities, City goals, and existing environmental conditions. We are proud to also include trusted subconsultant partners with whom we’ve held a longstanding positive working relationship throughout the past decade and beyond. As an on-call consultant, Gates + Associates will utilize a breadth of resources to respond quickly and efficiently to requests for services. With our diverse and experienced staff, we offer technical expertise, practical knowledge of cost and maintenance implications of design decisions, an understanding of how public spaces are used, and an ability to respond to the changing needs of the jurisdictions we serve.
Gates + Associates agrees that we have confirmed receipt of Addendum #1 issued on March 19, 2025.
GATES also accepts the City Standard Consulting Services Agreement as is and can meet the insurance requirements. A more detailed description of our approach and team is provided in this statement of qualifications. I, Casey Case, am the primary representative for purposes of this RFQ and am authorized to negotiate a contract with the City of Dublin. Should you have any questions, please feel free to contact me at 925.360.8411, or at [email protected].
Sincerely,
Casey Case, President
[email protected]
232
+
City of Dublin | On-Call Landscape Architects
FIRM QUALIFICATIONS
233
CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 5
FIRM QUALIFICATIONS
ORGANIZATIONAL CHART
GATES + ASSOCIATES
MELONIE REYNOLDS, RLA
Project Manager
CASEY CASE, RLA
President
PROJECT TEAM
CASEY CASEwill serve as President, providing strategic oversight to the project team to ensure alignment with the City’s vision, goals, and practical needs. She is a visionary and collaborative landscape architect with a varied project portfolio that spans park renovations, park & recreation master planning, streetscape design, and urban design. Casey’s expertise includes public speaking, project management, graphic renderings, project concept, design development, cost estimating, and construction document production. MELONIE REYNOLDS will serve as Project Manager and will be the main point of contact for this project. She brings 20 years of experience and is passionate about partnering with a wide range of clients to make their visions a reality while remaining within budget and schedule. CHUCK GARDELLA will serve as QA/QC Lead. He brings a meticulous attention to detail and deep bench of lessons learned to each project, which is informed by his 27 years of public and private sector experience and portfolio of award-winning parks, gathering spaces, and public infrastructure. TSUMUGI FUJIMURA will serve as Job Captain. By integrating user needs and aesthetic principals, she strives to consistently deliver projects that strike a balance between functionality, sustainability, and visual appeal. RYLEE RODRIGUEZ will serve as Project Planner.
With a background in urban planning, design, and policy development, she brings passion and expertise in parks, green spaces, and sectors of the public realm that emphasizes place-making and getting people outside. REBECCA FLANEGAN will serve as Outreach Coordinator, bringing 15 years of experience in events and community engagement to the team. She will work closely with the City’s constituents to understand their goals, audience, and needs through a transparent public engagement process.
SUBCONSULTANTS
BKF ENGINEERS will provide civil engineering services for this contract. BKF brings 109+ experience of engineering, surveying, and planning experience across projects throughout the West Coast. BSK ASSOCIATES will act as geotechnical engineer on this contract, offering extensive experience on park and recreation facility projects throughout the Bay Area. WRA will act as the environmental consultant on this contract. They have more than 40 years of experience in California’s diverse ecoregions and understands the unique habitats throughout the state and the growing needs of local communities. PASE will act as the structural engineer on this contract. They are equipped to ensure that the needs of the client and design team are effectively met on each project. RMA will provide irrigation design services, employing a team approach to irrigation design that follows industry design guidelines and principles, to create finished designs that smoothly coordinates with all aspects of the landscape improvements. ATIUM will provide electrical engineering services for this contract and will be responsible for any power, lighting, or low voltage systems that may be required for each project.
CHUCK GARDELLA, RLA
QA/QC Lead
SUBCONSULTANTS
WRA
Environmental Consultant
LESLIE LAZAROTTI
Environmental Lead
BSK ASSOCIATES
Geotechnical Engineer
CRISTIANO MELO
Principal Electrical Engineer
BKF ENGINEERS
Civil Engineer
ERIC GIROD
Civil Engineering Lead
ATIUM
Electrical Engineer
DAVE MAINO
Principal Electric Engineer
TSUMUGI FUJIMURA
Job Captain
PASE
Structural Engineer
ROB OKANO
Structural Project Manager
RMA
Irrigation
JEFF BRADSHAW
Irrigation Project Manager
RYLEE RODRIGUEZ
Project Planner
REBECCA FLANEGAN
Outreach Coordinator
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 6
AREAS OF EXPERTISE
• CAD Design
• Graphic Presentation Design
• Project Management
• Public Outreach Facilitation
• Construction Documents
• Horticulture
• Arboriculture
REGISTRATIONS
Landscape Architect #6032
California, Expiration: June 2026
ISA-Certified Arborist
ReScape Qualified Landscape
Professional Rater
PROFESSIONAL EXPERIENCE
Years Total: 17 years
Years at GATES: 14 years
EDUCATION
B.S., Landscape Architecture,
U.C Davis, 2008
PROFESSIONAL AFFILIATIONS
Design Review Commission of
Walnut Creek (2018–Present)
Associate Member, American
Society of Landscape Architects
(2005–Present)
CASEY CASE is the president and managing partner of Gates + Associates, a landscape architecture firm whose mission is “to get people outside.” Casey perpetuates this mantra in her company leadership, business decisions, and design solutions while directing a dynamic group of designers, problem-solvers, and collaborators. Through her expertise as a landscape architect, arborist, and sustainability steward, she brings a holistic approach to designing outdoor experiences that bridge the gap between nature and people and encourage a connection to the environment. In addition to her role at Gates + Associates, Casey is also a Design Review Commissioner for the City of Walnut Creek.
RELEVANT PROJECT EXPERIENCE
• Bayside Manor Park and Marina Vista Park Upgrades, Millbrae, CA • Big Oak Park, Clyde, CA
• Cardoza Park Improvements, Mipitas, CA
• Central Park Entry Parking Lot & Northern Tree Promenade Improvement, San Ramon, CA
• Caldwell Community Park Expansion, Redding, CA
• Central Park Renovation Design, San Ramon, CA
• Crescent Heights Historic Park, Hercules, CA
• Ellis Lake Park & Playground & Restroom, Concord, CA
2018 APWA Public Works Award
• Imagine All-Abilities Playground, Dublin, CA
2021 CPRS Award of Excellence in Design - Park Planning 2022 NorCal APWA Project of the Year
• Iron Horse Trail Landscape Improvements, San Ramon, CA • Keiser Park Master Plan Update, Windsor, CA
• Lafayette Reservoir, Lafayette, CA
• Matt Garcia Community Park Master Plan, Fairfield, CA • McCoy Creek Trail Phase II, Suisun City, CA
• Memorial Park Specific Plan, Cupertino, CA
• Moraga Commons Park, Moraga, CA
• Pleasant Oak Park Master Plan, Windsor, CA
• San Carlos Parks Master Plan, San Carlos, CA
• San Ramon Central Park Improvements, San Ramon, CA
• Sign Hill Master Plan, So. San Francisco, CA
• Rancho Laguna Landscape Inspection, Moraga, CA
• Ross Common Landscape Improvement Rehab, Ross, CA
• Vallejo Waterfront History Art Park, Vallejo, CA
CASEY CASE, RLA
PRESIDENT
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 7
AREAS OF EXPERTISE
• Construction Documents
• Project Management
• Community Design
• CAD Design
• ReScape Landscapes
• LEED Certification
• CHPS Certification
• Green/Sustainable Design
• Playground Structures
• Playground Safety
• ADA Requirements
• Synthetic Turf/Sports Fields
REGISTRATIONS
Landscape Architect #6573
California, Exp: November 2025
ReScape Qualified Landscape
Professional
PROFESSIONAL EXPERIENCE
Years Total: 21 years
Years at Gates: 21 years
EDUCATION
B.A. in Architecture,
Lehigh University, 2004
PROFESSIONAL AFFILIATIONS
BIA Bay Area Professional Women in
Building Council, President, 2012
Associate Member, American
Society of Landscape Architects,
(2005–Present)
MELONIE REYNOLDS is an accomplished landscape professional who understands the unique aspects of public sector capital improvement projects. In addition to a wealth of Dublin-specific project experience, she brings seasoned expertise in project design, design development, bridging documents, cost estimation, construction document development, and construction administration for a wide range of public and private projects.
With a broad knowledge of landscape design principles and a versatile, design-based approach, Melonie is an exceptional project manager who has successfully led a wide range of projects to completion utilizing a combination of proactive team coordination and efficient implementation of each client’s directives. Melonie is also well versed in the design of LEED and CHPS projects and is a ReScape-qualified landscape professional.
RELEVANT PROJECT EXPERIENCE
LOCAL PROJECTS
• Alamo Creek Fence Replacement, Dublin, CA
• Boulevard Pocket Parks, Dublin, CA
• Butterfly Knoll Park, Dublin, CA
• Dublin Cultural Arts Building, Dublin, CA
• Francis Ranch Parks, Dublin, CA
• Imagine All Abilities Playground, Dublin, CA
2021 CPRS Award of Excellence in Design - Park Planning 2022 NorCal APWA Project of the Year
ADDITIONAL PROJECT EXPERIENCE
• Beach Boulevard Picnic Area, Pacifica, CA
• Brody Ranch Park, Petaluma, CA
• Contempo Park, Union City, CA
• Carmichael Park Master Plan, Carmichael, CA
• Cordova Recreation and Park District, Cordova, CA
• Daly City Parks and Open Space Master Plan, Daly City, CA • Finley Community Park Spray Ground, Santa Rosa, CA
• Frenchmans Creek Park Phase 2, Half Moon Bay, CA
• Hill Recreation Area, Novato, CA
• Logvy Park, Calistoga, CA
• Middle Harbor Shoreline Park, Oakland, CA
• Margate Park, Daly City, CA
• Pickleweed Park Enhancements, San Rafael, CA
• Smith Field, Half Moon Bay, CA
MELONIE REYNOLDS, RLA
PRINCIPAL-IN-CHARGE
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AREAS OF EXPERTISE
• ADA Requirements
• CAD Design
• Construction Documents
• Construction Reviews
• ReScape Landscapes
• Technical Review
• LEED Certification
• Green/Sustainable Designs
• Green Roof Design
• Playground Structures
• Playground Safety
• Roofdeck Design
• Synthetic Turf / Sports Fields
REGISTRATIONS
Landscape Architect #4721
California, Expiration: October 2026
ReScape Qualified Landscape
Professional Rater
PROFESSIONAL EXPERIENCE
Years Total: 28 years
Years at GATES: 27 years
EDUCATION
B.S., Landscape Architecture,
U.C Davis, 1998
PROFESSIONAL AFFILIATIONS
California Parks and Recreation
Society
CHUCK GARDELLA has worked on a wide range of public and private projects with a focus on construction documentation and administration.
He is an accomplished landscape architect with over 27 years of experience and brings a strong technical expertise to the team. Having successfully managed numerous public sector projects, Chuck brings a seasoned familiarity with their unique issues. Charles is well-versed on the design of LEED, CHPS, and Rescape projects, and is adept at coordinating with multidisciplinary teams to successfully deliver complex projects on time and within budget.
RELEVANT PROJECT EXPERIENCE
• Beechnut Park, Hercules, CA
• Caldwell Community Park Expansion, Redding, CA
• Cardoza Park, Milpitas, CA
• Cricket Courts, Pleasanton, CA
• Delta View Sports Park Field Development, Pittsburg, CA • Everett N. “Eddie” Souza Park, Santa Clara, CA
2018 APWA Project of the Year
• Hap Magee Park, Danville, CA
• Hill Recreation Area, Novato, CA
• Homeridge Park, Santa Clara, CA
• Imagine All Abilities Playground, Dublin, CA
2021 CPRS Award of Excellence in Design - Park Planning 2022 NorCal APWA Project of the Year
• Livermorium Plaza, Livermore, CA
• McInnis Pickleball Courts, Marin, CA
• Middle Harbor Shoreline Park, Oakland, CA
• Parks and Open Space Master Plan, Daly City, CA
• Pickleweed Park Synthetic Turf, San Rafael, CA
• Refugio Valley Park Tree Succession Plan, Hercules, CA • San Leandro Shoreline Park, San Leandro, CA
• South City Park, Redding, CA
• Stoneridge Creek Basin Park, Pleasanton CA
• Sunrise Ridge Park, San Ramon, CA
• Sun Valley Park, San Rafael, CA
• Warm Springs BART Plaza & West Access Bridge, Fremont, CA 2022 ASCE Outstanding Transportation Project Award
CHUCK GARDELLA, RLA
QA/QC LEAD
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 9
AREAS OF EXPERTISE
• CAD Design
• Construction Documents
• Graphic Visualization
• Parks
• Urban Design
PROFESSIONAL EXPERIENCE
Years Total: 6 years
Years at GATES: 6 years
EDUCATION
B.S. Landscape Architecture, Minor
Art Studio, University of California
Davis, 2019
LANGUAGE FLUENCY
English
Japanese
TSUMUGI FUJIMURA has managed a wide range of public and private projects. She is curious, open-minded, and detail-oriented professional who is passionate about urban planning and development. Her project management skills and proficiency in utilizing industry-standard design software allows her to carry the project from initial concept development to construction documentation. By integrating user needs, environmental considerations, and aesthetic principles, she strives to consistently deliver projects that strike a balance between functionality, sustainability and visual appeal.
RELEVANT PROJECT EXPERIENCE
• Dublin Cultural Arts Center, Dublin, CA
• Dublin Civic Center, Dublin, CA
• Ellis Aquatic Center, Tracy, CA
• Ellis School Park, Tracy, CA
• Finley Community Park, Santa Rosa, CA
• Ellis Town & County, Tracy, CA
• Ellis Western Park, Tracy, CA
• Iron Horse Trail, Dublin, CA
• Lafayette Reservoir, Lafayette, CA
• Logvy Park, Calistoga, CA
• Ken Mercer Field, Pleasanton, CA
• Keiser Park Master Plan, Windsor, CA
• McCoy Trail, Suisun City, CA
• Middle Harbor Shoreline Park, Oakland, CA
• Old Alvarado Park, Union City, CA
• Park C-63, Roseville, CA
• Pleasant Oak Park Master Plan, Windsor, CA
• San Leandro Shoreline, San Leandro, CA
• Smith Field, Half Moon Bay, CA
• Stanford Crossing Park, Lathrop, CA
• Sun Valley Park, San Rafael, CA
• Terra Linda Park and Community Center Master Plan, San Rafael, CA • Twin Pines Park, Belmont, CA
TSUMUGI FUJIMURA
JOB CAPTAIN
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 10
AREAS OF EXPERTISE
• Planning
• Urban Design
• Community Outreach
PROFESSIONAL EXPERIENCE
Years Total: 3 years
Years at GATES: 3 years
EDUCATION
Masters of City and Regional
Planning, California Polytechnic
State University San Luis Obispo,
2022
B.A., Design, Arizona State
University, 2019
RYLEE RODRIGUEZ has worked on a wide range of public parks and recreation master plans since joining Gates + Associates. With extensive knowledge of the master planning process. Rylee works collaboratively with the entire team to provide realistic, implementable, and dynamic master plans that fit to a client’s specific needs. Holding a background in urban planning, design, and policy development, Rylee’s primary interests are parks, green spaces, and sectors of the public realm that emphasize thoughtful placemaking and getting people outside.
RELEVANT PROJECT EXPERIENCE
• Cordova Recreation & Parks District Optimized Plan, Sacramento County, CA
• CSU East Bay Concord Campus Landscape Master Plan, Concord, CA • Keiser Park Master Plan Update, Windsor, CA
• Memorial Park Specific Plan, Cupertino, CA
• Matt Garcia Community Park Master Plan, Fairfield, CA • Middle Harbor Shoreline Park Master Plan Update, Oakland, CA • Patterson Parks and Recreation Master Plan, Patterson, CA • Pleasant Oak Park Master Plan, Windsor, CA
• San Carlos Parks Master Plan, San Carlos, CA
• San Rafael High School Landscape Master Plan, San Rafael, CA • Terra Linda Park and Community Center Master Plan, San Rafael, CA
RYLEE RODRIGUEZ
PROJECT PLANNER
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 11
AREAS OF EXPERTISE
• Community Outreach
• Public Relations
• Event Planning
PROFESSIONAL EXPERIENCE
Years Total: 25 years
Years at GATES: 3 years
EDUCATION
B.A., Anthropology/Humanistic
Studies, John Hopkins University,
1996
REBECCA FLANEGAN is an experienced public relations, engagement and events professional focused on creatively connecting to communities.
At Gates + Associates, Rebecca has coordinated thoughtful and inclusive outreach programs with a variety of methods for building awareness and boosting participation including social media, focus groups, online surveys, and workshops. Her expertise involves outlining outreach opportunities, guiding the engagement process to meet the needs of the project, and synthesizing input received into comprehensive and actionable result.
RELEVANT PROJECT EXPERIENCE
• Antioch L Street, Antioch, CA
• Bayside Manor & Marina Vista Park Upgrades, Millbrae, CA • Beechnut Park Upgrade, Hercules, CA
• Cardoza Park Softball Field Improvements, Milpitas, CA • CSU East Bay Concord Campus Landscape Master Plan, Concord, CA • Francis Ranch Parks, Dublin, CA
• Keiser Park Master Plan Update, Windsor, CA
• Margate Park Improvements, Daly City, CA
• Matt Garcia Community Park Master Plan, Fairfield, CA • Memorial Park Specific Plan, Cupertino, CA
• Pleasant Oak Park Master Plan, Windsor, CA
• Pittsburg Unified School District Green Schoolyards Project, Pittsburg, CA
• Railroad Avenue Beautification Project, Pittsburg, CA • Recreation & Park District Optimized Plan, Cordova Recreation & Park District, CA
• Sequoia Living Senior Community Future Proofing Project, Bay Area, CA
• Sign Hill Master Plan, South San Francisco, CA
• Terra Linda Park and Community Center Master Plan, San Rafael, CA • University Avenue Streetscape, Palo Alto, CA
REBECCA FLANEGAN
COMMUNITY OUTREACH COORDINATOR
240
CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 12 ERIC GIROD, PE, LEED AP | CIVIL ENGINEERING LEAD
Eric’s management approach is grounded on clear communication and hands-on design involvement. He strives to gain a thorough understanding of a project’s needs and goals from the onset, which frames the process for delivering projects.
Combining these objectives with the specific project issues, constraints, and opportunities, Eric forms a work plan to guide the design effort. He coordinates this work plan with other consultants, agencies, and special interests to provide a systematic design solution. With a critical eye on scope, schedule, and budget, Eric manages his projects to meet his clients’ goals and expectations.
RELEVANT PROJECT EXPERIENCE
• Bidwell Park, Hayward, CA
• Pescadero Plaza, Pescadero, CA
• Flagpole Plaza, Livermore, CA
• Dublin Historic Park, Dublin, CA
• Fremont Park Restrooms, Fremont, CA
• Piedmont Aquatics Center, Piedmont, CA
• Orange Memorial Park Aquatic, South San Francisco, CA • Piedmont Blair Park Improvements, Piedmont, CA
• Positano Park, Dublin, CA
REGISTRATIONS
Professional Civil
Engineering, CA No.59903
YEARS EXPERIENCE
28 years
EDUCATION
B.S., Civil Engineering,
Santa Clara University
BKF ENGINEERS
Redwood City, CA
CRISTIANO MELO, PE, GE | SENIOR GEOTECHNICAL ENGINEER
Cristiano will serve as the lead geotechnical engineer for this project. He is a licensed Civil and Geotechnical Engineer in the State of California with over 24 years of experience throughout the Bay Area, supporting a wide variety of projects from design through construction, including parks, trails, and recreational facilities.
Cristiano currently manages BSK’s on-call contracts with the Cities of Alameda, Berkeley, Brentwood, Dublin, Oakley, Walnut Creek, and Vallejo.
RELEVANT PROJECT EXPERIENCE
• Forest Park, Dublin, CA
• Wallis Ranch Community Park, Dublin, CA
• Fallon Sports Park Phase 3 Improvements, Dublin, CA
• Imagine Playground, Dublin, CA
• Clover Park, Dublin, CA
• Livermorium Plaza, Livermore, CA
REGISTRATIONS
Geotechnical Engineer,
#2756
Civil Engineer #64025
YEARS EXPERIENCE
29 years
EDUCATION
M.S., Civil Engineering,
University, 2000
B.S., Civil Engineering,
University of Idaho, 1997
BSK ASSOCIATES
Livermore, CA
RESUMES
SUBCONSULTANTS
241
CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 13 LESLIE LAZAROTTI | ENVIRONMENTAL LEAD
Leslie is a Principal at WRA. Her main focus is helping clients understand the interface of California’s environmental regulations and natural communities. She has worked on projects throughout the various ecosystems of California, including sensitive coastal communities and wetland habitats. She brings a wealth of experience with parks and open space including park master plans for the cities of Belmont and San Carlos. She also has relevant experience with numerous park and trail planning and improvement projects along the San Francisco Bay and coastal shoreline.
RELEVANT PROJECT EXPERIENCE
Parks Master Plan, San Carlos, CA
WRA is working with Gates + Associates to replace the outdated 2009 Parks Master Plan with a new Parks Master Plan that includes: a long-term vision for its park, facilities, and open space system based on community needs assessment; a plan of implementation to implement priority improvements, changes and additions to existing parks systems, and a strategy for funding capital improvements including ongoing operations and maintenance.
YEARS EXPERIENCE
19 years
EDUCATION
M.S., Ecology, San
Francisco State University,
San Francisco, 2004
B.S., Biology, University of
California, Davis, 2001
WRA ENVIRONMENTAL CONSULTANTS
Emeryville, CA
ROB OKANO, S.E. | ASSOCIATE STRUCTURAL ENGINEER
Rob is a Professional Structural Engineer with over 25 years of professional experience, including 20 years of experience in design an analysis of new retail and manufacturing buildings, seismic retrofit of existing buildings, and site structures.
This includes he structural design of public park structures, retaining walls, trellises, and light poles. Balancing the demands of a dependable structural design with the needs of the client, Rob believes that communication among the design team is the key to success. He brings variety and depth of experience to each project, guiding the design team to select the optimal structural system.
RELEVANT PROJECT EXPERIENCE
• Facebook Park Sculpture Anchorage, Menlo Park, CA
• Experience Ellis Dog Park, Tracy, CA
• Imagine Playground Site Structures, Dublin, CA
• Facebook Sculpture Garden and Tea House, Menlo Park, CA • Stanford Community Center Tenant Improvements, Palo Alto, CA
REGISTRATIONS
Structural Engineer, CA
#4976
Civil Engineer, CA #59765
EDUCATION
M.S., Structural
Engineering (Emphasis
in Seismic Analysis) U.C.
Berkeley, 1996
PASE
San Jose, CA
RESUMES
SUBCONSULTANTS
242
CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 14 JEFF BRADSHAW | IRRIGATION PROJECT MANAGER
Jeff has over three decades of experience in various aspects of irrigation consulting including design, plan review, design review, irrigation and water management, master planning, hydraulic calculation, project specifications, field observation, irrigation scheduling, water usage calculation, and irrigation water auditing. Jeff’s project experience includes irrigation design of commercial and industrial projects, residential communities, parks and athletic fields, large recreational facilities and several major highway projects, many of which included the usage of reclaimed water.
RELEVANT PROJECT EXPERIENCE
• Moraga Commons Park, Moraga, CA
• Denali Park Irrigation Design, Manteca, CA
• Ellis Ave Park Irrigation Design, Tracy, CA
• Rengstorff Park Irrigation Design, Mountain View, CA
• Pickleweed Park Irrigation Retrofit Design, San Rafael, CA • Montague Park Irrigation Retrofit Design, Santa Clara, CA • Westwood Oaks Park Irrigation, Santa Clara, CA
YEARS EXPERIENCE
35 years
EDUCATION
Certified Irrigation
Designer, Irrigation
Association
Certified Landscape
Irrigation Auditor,
Irrigation Association
RMA
Walnut Creek, CA
DAVE MAINO | PRINCIPAL ELECTRICAL ENGINEER
During his career, Dave has built upon the collaborative approach encouraged as part of his Architectural Engineering curriculum to focus on a whole-building approach to design. Careful collaboration between disciplines is at the core of his design philosophy. This collaborative approach has led to successes in a wide variety of commercial, public works, educational, residential and civil projects.
Dave focuses on highly efficient, electrical lighting, and low voltage systems that are convenient and easy for owners, building occupants, and maintenance staff to use and interact with. Dave focuses on understanding the needs of the space, the owner, and the end user.
RELEVANT PROJECT EXPERIENCE
• Sonoma Academy, Santa Rosa, CA
• Pittsburg Park and Skate Park, Pittsburg, VA
• Pickleball Park, San Rafael, CA
• Ken Mercer Field, Pleasanton, CA
• Emma Prusch Playground, San Jose, CA
• Jollyman All-Inclusive Park, Cupertino, CA
REGISTRATIONS
Professional Engineer, CA
#E19203
YEARS EXPERIENCE
18 years
EDUCATION
M. Eng. Architectural
Engineering, Pennsylvania
State University, 2006
ATIUM
San Ramon, CA
RESUMES
SUBCONSULTANTS
243
CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 15
FIRM QUALIFICATIONS
PROJECT SHEETS
Everett N. "Eddie" Souza Park & Community Garden
LIVERMORIUM PLAZA | Livermore, CA
GATES led a multidisciplinary team to work
with the City of Livermore to create an outdoor
living room in the City’s downtown core. The
paved plaza is in the form of the “Livermorium”
element, with the focal interactive water feature
illustrating the nucleus and 116 sandblasted
or tiled protons within 7 stainless steel shells.
Key features included large shade trees, locally
adapted low water use plants and a turf area
bordered by curve landscape walls, an outdoor
seating area extended from the adjacent Peet’s
Coffee, a preserved brick wall as the stage
backdrop for events, and adequate site lighting
and security cameras for safety. A shade study
ensured that the proposed trees maximize
shade in the plaza. Visitors can learn about the
Livermorium element through engraved text
on the water feature, 12 inlaid plaques, and
interpretive signage.
REFERENCE
CLIENT: City of Dublin
CONTACT: Michael Boitnott
EMAIL: [email protected]
TEL: (925) 833-6630
COMPLETED: 2021
REFERENCE
CLIENT: City of Livermore
CONTACT: Rosy Ehlert
EMAIL:
[email protected]
TEL: (925) 960-4512
COMPLETED: 2022
IMAGINE PLAYGROUND | Dublin, CA
This project involved the renovation of existing
playground and restrooms at Dublin Sports
Grounds to create an inclusive facility serving allabilities. As Prime Consultant, GATES completed a design & implementation of the park’s new
features including an all-abilities interactive
playground, an all-inclusive picnic area, upgraded
landscape, restroom, concession, and parking
facilities. Pathways were improved for improved
accessibility and connectivity to other park
areas. Our team facilitated outreach workshops
to gather input for the playground, which
focuses on the foundations of development.
Everett N. "Eddie" Souza Park & Community Garden
Everett N. "Eddie" Souza Park & Community Garden
All-abilities play area with adjacent seating
Everett N. "Eddie" Souza Park & Community Garden
Final Design Concept
244
CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 16
FIRM QUALIFICATIONS
PROJECT SHEETS PICKLEWEED PARK IMPROVEMENTS
City of San Rafael
SITE PLAN PLAN DEL SITIO KẾ HOẠCH CƠ SỞ
1 2
4 5
6 8
9 7 10
3 1
2 6
3 7
4 8
5 9
10 All-Weather Soccer Field
Campo de fútbol para todo clima
Sân bóng dành cho mọi loại thời tiết
Toddler Play Area
Área de juegos para niños pequeños
Khu Vực Vui Chơi của Trẻ Chập Chững
Biết Đi
Outdoor Fitness
Ejercicio al aire libre
Tập Thể Dục Ngoài Trời
Bioretention Area
Área de biotratamiento
Khu Vực Xử Lý Sinh Học
Restroom
Baños
Nhà Vệ Sinh
Gazebo
Glorieta
Vọng Lâu
New Park Signage
Señalización nueva del parque
Biển hiệu Công Viên Mới
Seating Plaza
Plaza de asientos
Quảng Trường Chỗ Ngồi
Basketball Court
Cancha de baloncesto
Sân Bóng Rổ
Extended Parking Lot
Estacionamiento ampliado
Khu Đỗ Xe Mở Rộng
CANAL STREET
SORRENTO WAY
EXISTING
AGE 2-5 PLAY
EQUIPMENT
EXISTING
AGE 5-12 PLAY
EQUIPMENT
Everett N. "Eddie" Souza Park & Community Garden
BAYSIDE MANOR & MARINA VISTA PARK
UPGRADES | Millbrae, CA
As part of our on-call contact with the City,
GATES was contracted to develop a communitypreferred plan & design for upgrades at both Bayside Manor and Marina Vista Park, which are
two neighborhood parks nestled in residential
areas. The project involved a robust community
outreach effort that included an online survey,
in-person pop-up event, a project website,
and various branded collateral to increase
awareness and participation. Our team utilized
the public input to develop conceptual designs
that emphasized increasing the capacity of both
parks while ensuring sustainable maintenance
for years to come.
REFERENCE
CLIENT: City of San Rafael
CONTACT: Joanna Kwok
EMAIL: [email protected]
TEL: (415) 485-3408
COMPLETED: 2024
REFERENCE
CLIENT: City of Millbrae
CONTACT: Sam Bautista
EMAIL: [email protected]
TEL: (650) 259-2336
COMPLETION STATUS: Marina Vista (2025);
Bayside Manor (In Progress)
PICKLEWEED FIELD & PARK | San Rafael, CA
Pickleweed Park is a nearly 10-acre community
hub that has been at capacity for years. GATES
worked with the City to design and implement
community-preferred enhancements that
include converting the field to synthetic turf to
accommodate year-round access, incorporating
a new basketball court, playground for children
under 5, fitness area for adults, shade and
gazebo structure, renovations to the existing
bathroom facilities, and add lighting, security
and parking. Everett N. "Eddie" Souza Park & Community Garden Everett N. "Eddie" Souza Park & Community Garden
Conceptual Site Plan for Improvements Everett N. "Eddie" Souza Park & Community Garden Community Outreach
Everett N. "Eddie" Souza Park & Community Garden
Bayside Manor Park - Preferred Conceptual Plan
Everett N. "Eddie" Souza Park & Community Garden
Marina Vista Park - Public Outreach Event (L); Grand Opening (R) 245
+
City of Dublin | On-Call Landscape Architects
REFERENCES
246
CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 18
REFERENCES
JOANNA KWOK
Assistant Director - Public Works
City of San Rafael
Address: 1400 Fifth Avenue, San Rafael, CA 94901
Tel: (415) 720-4957 | Email: [email protected] Projects: Pickleweed Field and Park Rehabilitation, Sun Valley Park — GATES has worked with the City of San Rafael to renovate various parks throughout the last several years. Currently under construction, the Pickleweed Park project involves implementation of community-preferred enhancements including field conversion to synthetic turf, new sports courts, playground for children under five, and new comfort amenities such as shade and gazebo structures, bathroom renovations, lighting, and parking. For the Sun Valley Park project (completed in 2023), GATES designed and implemented a new play area and ADA improvements to the associated path of travel for this neighborhood park. Both projects involved public outreach. Our additional collaborations with the City of San Rafael include the Terra Linda Park and Community Center Master Plan (in progress) as well as serving as an on-call landscape architecture consultant since 2019.
CAROLINE VEDDER
Senior Civil Engineer
City of Fairfield
Address: 1000 Webster Street 3rd Floor, Fairfield, CA 945333 Tel: (707) 718-2778 | Email: [email protected]
Project: Matt Garcia Park Master Plan — Gates + Associates worked with the City of Fairfield to develop a comprehensive Master Plan for the future Matt Garcia Community Park. The 50-acre park will include both active and passive recreation opportunities ranging from soccer fields and pickleball courts to a wetland area, community plaza, recreation center and adventure playground. Our team facilitated incorporation of community and stakeholder input into the final preferred concept, working to ensure the park is a viable community asset for the next 50 years. The Master Plan document includes a site assessment, community outreach summary, cost estimates, and phased implementation plan. The Master Plan has been completed and is to be reviewed by City Council in 2025.
ROSY EHLERT
Senior Engineer
City of Livermore
Address: 1052 S. Livermore Ave. Livermore, CA 94550
Tel: (925) 437-0314 | Email: [email protected]
Project: Livermorium Plaza — GATES led a multidisciplinary team to create an outdoor living room in the City of Livermore’s downtown core. The paved plaza is in the form of the “Livermorium” element, with the focal interactive water feature illustrating the nucleus and 116 sandblasted or tiled protons with 7 stainless steel shells. Key features also include large trees locally adapted low water use plants and a turf area bordered by curved landscape walls, an outdoor seating area extended from the adjacent Peet’s Coffee, a preserved historic brick wall as the stage backdrop for events, and adequate site lighting and security camera for safety. A shade study ensured that the proposed trees maximize shade for the plaza. Visitors can learn about the Livermorium element through engraved text on the water feature, 12 inlaid plaques, and interpretive signage.
Picnic area at Homeridge Park, Santa Clara
Shaded seating at Sunrise Ridge Park, San Ramon
Play area at Westwood Oaks Park, Santa Clara
Photosimulation of event plaza at Memorial
Park, Cupertino
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City of Dublin | On-Call Landscape Architects
CONFLICT OF INTEREST
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 20
CONFLICT OF INTEREST
Gates + Associates has worked extensively in Dublin on public and private projects over the last 40+ years. The most recent collaborations where GATES has provided landscape architecture services for common open spaces, streetscapes, and production homes include:
• Boulevard Housing development with Brookfield as Master Developer • East Dublin with GH PacVest, LLC as Master Developer
• Croak (now Francis) Ranch with Trumark Homes as Master Developer Private picnic areas at Sunrise Ridge Park in San Ramon 249
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City of Dublin | On-Call Landscape Architects
PROPOSED PROJECT
BUDGET
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 22
PROPOSED PROJECT BUDGET
GATES + ASSOCIATES
HOURLY FEES FOR SERVICES OF:
Partner
Principal
Associate Principal
Senior Associate
Job Captain
Irrigation Designer
Community Outreach Facilitator
Production
RATE PER HOUR:
$235.00 - $250.00
$220.00 - $235.00
$205.00 - $220.00
$185.00 - $205.00
$165.00 - $185.00
$200.00 - $210.00
$185.00 - $205.00
$155.00 - $175.00
I. HOURLY FEES
A. Consultants at approximately the same rates indicated above or on consultant fee schedules.
B. Other direct expenses at cost which may include:
1. Printing and reproduction costs.
2. Mileage and travel costs.
3. Miscellaneous
Hourly rates may be adjusted annually and shall apply for any services rendered a� er that date.
These adjustments are not limited to the rate per hour ranges listed above, and will not aff ect the total amount of compensa� on for services.
II. EXPENSES ΈREIMBURSABLESΉ
RATE SCHEDULE
EFFECTIVE THROUGH DECEMBER 2025
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City of Dublin | On-Call Landscape Architects
EXCEPTIONS TO
AGREEMENT AND
INSURANCE
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 24
EXCEPTION TO AGREEMENT AND INSURANCE
Gates + Associates agrees to the City Standard Consulting Agreement and insurance requirements, with no exceptions.
Livermorium Plaza in Downtown Livermore, CA
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City of Dublin | On-Call Landscape Architects
APPENDIX
SUBCONSULTANT HOURLY RATES
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 26
PROPOSED PROJECT BUDGET
BKF ENGINEERS
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2025
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal in Charge $317.00
Senior Project Executive $294.00
Project Executive $287.00
Senior Project Manager | Senior Technical Manager $278.00 Project Manager | Technical Manager $273.00
Engineering Manager | Surveying Manager | Planning Manager $251.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $233.00 Project Engineer | Project Surveyor | Project Planner $205.00 Design Engineer | Staff Surveyor | Staff Planner $179.00 BIM Specialist I, II, III $179.00 - $205.00 - $233.00
Technician I, II, III, IV, V $170.00 - $181.00 - $198.00 - $213.00 - $230.00 Drafter I, II, III, IV $133.00 - $146.00 - $158.00 - $175.00 Engineering Assistant | Surveying Assistant | Planning Assistant $111.00
FIELD SURVEYING
Survey Party Chief $233.00
Instrument Person $200.00
Survey Chainperson $150.00
Utility Locator I, II, III, IV $122.00 - $172.00 - $207.00 - $235.00 Apprentice I, II, III, IV $92.00 - $124.00 - $137.00 - $145.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $305.00
Senior Construction Administrator $266.00
Resident Engineer $197.00
Field Engineer I, II, III, IV $179.00 - $205.00 - $233.00 - $250.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $218.00
Funding Strategies Manager $200.00
Funding/Research Analyst I, II, III, IV $137.00 - $158.00 - $168.00 - $185.00
PROJECT ADMINISTRATION
Project Coordinator $149.00
Senior Project Assistant $128.00
Project Assistant $113.00
Clerical | Administrative Assistant $95.00
Expert witness rates are available upon request.
Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts. • The rates shown are subject to periodic increases, including January 1st of each year.
BKF ENGINEERS
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CITY OF DUBLIN | ON-CALL LANDSCAPE ARCHITECTS GATES + ASSOCIATES 27
PROPOSED PROJECT BUDGET
BSK
BSK Rate Schedule (valid from 7/1/2025 through 6/30/2026)
PROFESSIONAL STAFF
Principal $ 314.00
Senior Professional $ 276.00
Project Professional II $ 259.00
Project Professional I $ 221.00
Staff Professional II $ 193.00
Staff Professional I $ 171.00
Project Administrator $ 122.00
Administrative Assistant / Clerical $ 110.00
Seismic GIS $ 243.00
GIS Specialist $ 210.00
Information Specialist II $ 198.00
Information Specialist I $ 176.00
CAD $ 132.00
Litigation support
TECHNICAL STAFF
Group 1 - Special Inspector $ 198.00
Group 2 - Special Inspector $ 188.00
Group 3 - Engineering Technician $ 167.00
Group 3 - Geotechnical Professional $ 204.00
Group 3 - Environmental Professional $ 204.00
Group 4 - Technician $ 146.00
Ground Penetrating Radar Scanning Technician $ 348.00
Core Drilling Technician $ 270.00
Floor Flatness Testing Technician $ 232.00
Sample Pickup / Transportation / Delivery $ 132.00
Laboratory Technician $ 144.00
BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Field Work from 0 to 4 hours Bill 4 hours
Field Work from 4 to 6 hours Bill 6 hours
Field Work from 6 to 8 hours Bill 8 hours
Field Work over 8 hours / Saturdays Bill time and a half base rate (1.5x) Sundays, holidays and over 12 hours Bill two times base rate (2x) Base Rate x 12.5%
Show-up time (no work performed), minimum charge Bill 2 hours Sample or cylinder pickup, minimum charge Bill 2 hours
REIMBURSABLES
Per Diem (as required) Quote / $300.00 min.
Bridge Toll Cost + 15%
Parking Fees Cost + 15%
Subconsultant/Subcontractor Services, Vendors, and Expenses Cost + 15% Night Shift (Shift commencing after 2pm / before 4am)
1.5x standard rate
PERSONNEL RATES
OTHER RATES