Agenda packet — Dublin City Council, October 7, 2025 (part 1 of 4)

October 07, 2025 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS Peter W. Snyder Council Chamber
Dr. Sherry Hu, Mayor Dublin Civic Center
Kashef Qaadri, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Michael McCorriston, Councilmember www.dublin.ca.gov
John Morada, Councilmember
Regular Meeting of the

DUBLIN CITY COUNCIL
Tuesday, October 7, 2025 Location: Peter W. Snyder
City Council Chamber
100 Civic Plaza
Dublin, CA 94568
CLOSED SESSION 6:00 PM
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures:
- Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, October 7, 2025. Upon submission, you will receive Zoom link information from the City Clerk.

Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed.
- Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.
- When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.
- Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option.
1 October 07, 2025 Dublin City Council Regular Meeting Agenda 2

CLOSED SESSION 6:00 PM

I. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Councilmembers Josey and McCorriston Unrepresented employee: City Attorney

II. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Save Mount Diablo, et al. v. City of Dublin, Alameda County Superior Court Case No. 24CF086734

REGULAR MEETING 7:00 PM

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. REPORT ON CLOSED SESSION

3. PRESENTATIONS AND PROCLAMATIONS

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

STAFF RECOMMENDATION:

Present the proclamation.

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

3.2 Presentation of the World Polio Day Proclamation
The City Council will present the World Polio Day proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

Staff Report
Attachment 1 - World Polio Day Proclamation

3.3 Presentation from Ryan Clausnitzer of the Alameda County Mosquito Abatement District The City Council will receive a presentation from Ryan Clausnitzer, District Manager of the Alameda County Mosquito Abatement District, providing an overview of the District’s activities.

STAFF RECOMMENDATION:

Receive the presentation.

Staff Report

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

Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may 2 October 07, 2025 Dublin City Council Regular Meeting Agenda 3

take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

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

5.1 Approval of September 16, 2025 Regular City Council Meeting Minutes The City Council will consider approving the minutes of the September 16, 2025 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the September 16, 2025 Regular City Council Meeting.

Staff Report
Attachment 1 - September 16, 2025 Regular City Council Meeting Minutes

5.2 Grace Pointe/Dublin Centre Exempt Surplus Land
The City Council will consider declaring the 1.83-acre portion of property in the Dublin Centre to be Exempt Surplus Land for an Affordable Housing Development. Declaring this land to be Exempt Surplus Land will enable the City of Dublin to transfer the property to Sunflower Grace, L.P., for the development and operation of affordable rental housing in accordance with the terms of the Development Agreement for the Dublin Centre Project.

STAFF RECOMMENDATION:

Adopt the Resolution Declaring Property Located in the Dublin Centre Project to be Exempt Surplus Land for Affordable Housing Development Pursuant to the Surplus Land Act.

Staff Report
Attachment 1 - Resolution Declaring Property Located in the Dublin Centre Project to be Exempt Surplus Land for Affordable Housing Development Pursuant to the Surplus Land Act

5.3 Agreements for On-Call Construction Management and Inspection Services and an Amendment to the Agreement with Pakpour Consulting Group, Inc. for On-Call Development Review Services
The City Council will consider approving agreements with 4LEAF, Inc., Consor PMCM, Inc., GFT Infrastructure, Inc., MNS Engineers, Inc., Pakpour Consulting Group, Inc., Swinerton Management & Consulting, and Unico Engineering, Inc. for on-call construction management and inspection services. The City Council will also consider amending an agreement with Pakpour Consulting Group, Inc., for on-call development review services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Agreements for On-Call Construction Management and Inspection Services with 4LEAF, inc., Consor PMCM, Inc., GFT Infrastructure, Inc., MNS Engineers, Inc., Pakpour Consulting Group, Inc., Swinerton Management & Consulting, and Unico Engineering, Inc.; and adopt the Resolution Approving an Amendment to the Agreement with Pakpour Consulting Group, Inc. for On-Call Development Review. 3 October 07, 2025 Dublin City Council Regular Meeting Agenda 4

Staff Report
Attachment 1 - Resolution Approving Agreements for On-Call Construction Management and Inspection Services
Attachment 2 - Exhibit A to Resolution - Consulting Services Agreements for On-Call Construction Management and Inspection Services
Attachment 3 - Request for Qualifications - On-Call Construction Management and Inspection Services
Attachment 4 - Statements of Qualifications - On-Call Construction Management and Inspection Services
Attachment 5 - Resolution Approving an Amendment to the Agreement with Pakpour Consulting Group, Inc. for On-Call Development Review
Attachment 6 - Exhibit A to Resolution - Third Amendment to the Consulting Services Agreement with Pakpour Consulting Group, Inc.

Attachment 7 - Consulting Services Agreement between the City of Dublin and Pakpour Consulting Group, Inc. and Prior Amendments

5.4 Notice of City Engineer’s Receipt of Final Map for Review for Tract 8663, Dublin Fallon 580
The City Council will receive notification of the City Engineer’s receipt of the Final Map for review for Tract 8663, Dublin Fallon 580 Large Lot Map.

STAFF RECOMMENDATION:

Receive the notification.

Staff Report
Attachment 1 - Draft Tract 8663 Final Map

6. PUBLIC HEARING – None.

7. UNFINISHED BUSINESS

7.1 Introduction of an Ordinance Amending Sections 5.100.020 and 5.100.140 (Parks and Recreation Areas and Facilities) and Adding Chapter 6.73 (Micro-Mobility Devices) of the Dublin Municipal Code
The City Council will consider introducing an Ordinance amending the Dublin Municipal Code regarding the use of Electric Bicycles, Electric Scooters, Electric Personal Assistive Mobility Devices, and Electric Motorized Boards operating within the City and making clarifications to enhance public safety.

STAFF RECOMMENDATION:

Waive the reading and introduce the Ordinance Amending Sections 5.100.020 and 5.100.140 (Parks and Recreation Areas and Facilities) and Adding Chapter 6.73 (Micro-Mobility Devices) to the Dublin Municipal Code.

Staff Report
Attachment 1 - Ordinance Amending Sections 5.100.020 and 5.100.140 (Parks and Recreation Areas and Facilities) and Adding Chapter 6.73 (Micro-Mobility Devices) to the Dublin Municipal Code
Attachment 2 - Redline Amendments to Sections 5.100.020 and 5.100.140 Attachment 3 - City Council Staff Report dated May 6, 2025 Item 7.1 PowerPoint Presentation

8. NEW BUSINESS
4 October 07, 2025 Dublin City Council Regular Meeting Agenda 5

8.1 Introduction of an Ordinance Amending Chapter 2.36 (Contracts and Purchasing) of the Dublin Municipal Code
The City Council will consider introducing an Ordinance amending the Dublin Municipal Code related to Purchasing Policy thresholds. The proposed updates are intended to create efficiencies in the City’s purchasing activities, incorporate recent updates to the California Uniform Public Construction Cost Accounting Act, and align the City’s practices with the industry’s best practices.

STAFF RECOMMENDATION:

Waive the reading and introduce an Ordinance Amending Chapter 2.36 (Contracts and Purchasing) of the City of Dublin Municipal Code.

Staff Report
Attachment 1 - Ordinance Amending Chapter 2.36 (Contracts and Purchasing) of the Dublin Municipal Code
Attachment 2 - Redline Amendments to Chapter 2.36
Item 8.1 PowerPoint Presentation

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

10. ADJOURNMENT

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

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

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

Mission

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

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Agenda Item 3.1
DATE: October 7, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Presentation of the Domestic Violence Awareness and Prevention Month Proclamation
Prepared by: Vanessa Rosales, CMC, Deputy City Clerk

EXECUTIVE SUMMARY:

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

STAFF RECOMMENDATION:

Present the proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Domestic Violence Awareness Month has been recognized annually since October 1987, with the introduction of the first national domestic violence toll-free hotline. In 1989 the U.S.

Congress designated October as National Domestic Violence Awareness Month and such legislation has passed every year since, promoting awareness of resources and encouraging people to work towards the elimination of personal and institutional violence.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

Page 2 of 2 ends

ATTACHMENTS:

1) Domestic Violence Awareness and Prevention Month Proclamation

7 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA

“Domestic Violence Awareness and Prevention Month”

WHEREAS, one in every three women will experience domestic violence during her lifetime; one in every four women will experience sexual assault in her lifetime; one in six men have had abusive or unwanted sexual experiences in their lifetime; and approximately 15.5 million children are exposed to domestic violence every year; and

WHEREAS, the problem of domestic violence is not confined to any group or groups of people, but crosses all economic, racial, gender, educational, religious, and societal barriers, and is sustained by societal indifference; and

WHEREAS, victims of domestic violence should have access to medical and legal services, counseling, transitional housing, and other supportive services so that they can escape the cycle of abuse; and

WHEREAS, the City of Dublin encourages victims of domestic violence and their families to seek assistance from Rewire Community, Tri-Valley Haven, and other appropriate victims’ services organizations, and recognizes the compassion and dedication of the individuals who provide services to victims of domestic violence; and

WHEREAS, local programs, state coalitions, national organizations, and other agencies nationwide are committed to increasing public awareness of domestic violence and its prevalence, and to eliminating it through prevention and education.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim October 2025 as “Domestic Violence Awareness and Prevention Month” in the City of Dublin and encourages the community to be cognizant of the important work done by domestic violence programs and victims’ service providers, as well as actively participate in scheduled activities and programs that work towards the elimination of personal and institutional violence.

DATED: October 7, 2025

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Agenda Item 3.2
DATE: October 7, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Presentation of the World Polio Day Proclamation
Prepared by: Vanessa Rosales, CMC, Deputy City Clerk

EXECUTIVE SUMMARY:

The City Council will present the World Polio Day proclamation.

STAFF RECOMMENDATION:

Present the proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Polio is a highly infectious disease that is spread person to person, typically through contaminated water. It commonly affects children under the age of 5 and can attack the nervous system and lead to paralysis. The eradication of polio is one of Rotary International’s longest standing and most significant efforts. These efforts are providing much needed operational support, medical staff, laboratory equipment, and educational materials for healthcare workers and parents.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

Page 2 of 2 ends

ATTACHMENTS:

1) World Polio Day Proclamation
10 Attachment 1

A PROCLAMATION OF THE

CITY OF DUBLIN, CALIFORNIA

“World Polio Day”

WHEREAS, Poliomyelitis, also known as poliovirus or polio, is a highly infectious disease that is spread person to person, typically through contaminated water; and

WHEREAS, polio commonly affects children under the age of 5 and can attack the nervous system and lead to paralysis ; and

WHEREAS, there is no cure, but polio is preventable with a vaccine which has been administered to nearly 3 billion children in 122 countries and polio cases have dropped by 99.9% since 1988 when Rotary International helped establish the Global Polio Eradication Initiative; and

WHEREAS, Rotary is a global network of 1.4 million neighbors, friends, leaders, and problem-solvers who see a world where people unite and take action to create lasting change – across the globe, in our communities, and in ourselves; and

WHEREAS, the eradication of polio is one of Rotary’s longest standing and most significant efforts; and

WHEREAS, these efforts provide much needed operational support, medical staff, laboratory equipment, and educational materials for healthcare workers and parents.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim October 24, 2025, as “World Polio Day” in the City of Dublin and encourages all residents to join Rotary International in the mission to End Polio Now.

DATED: October 7, 2025

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Agenda Item 3.3
DATE: October 7, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Presentation from Ryan Clausnitzer of the Alameda County Mosquito Abatement District
Prepared by: Marsha Moore, MMC, City Clerk

EXECUTIVE SUMMARY:

The City Council will receive a presentation from Ryan Clausnitzer, District Manager of the Alameda County Mosquito Abatement District, providing an overview of the District’s activities.

STAFF RECOMMENDATION:

Receive the presentation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The Alameda County Mosquito Abatement District is a public agency focused on controlling mosquitoes and limiting the transmission of mosquito-borne diseases. The City Council will receive an overview of the District’s activities.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
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Agenda Item 5.1

EXECUTIVE SUMMARY:

The City Council will consider approving the minutes of the September 16, 2025 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the September 16, 2025 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approving the minutes of the September 16, 2025 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

1) September 16, 2025 Regular City Council Meeting Minutes

DATE: October 7, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Approval of September 16, 2025 Regular City Council Meeting Minutes Prepared by: Vanessa Rosales, CMC, Deputy City Clerk
13 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

Regular Meeting: September 16, 2025

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
September 16, 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

CLOSED SESSION 6:00 PM

I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney

II. CONFERENCE WITH LABOR NEGOTIATORS
Agency designed representatives: Councilmembers Josey and McCorriston Unrepresented employee: City Attorney

III. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Kingswood Owners Association v. City of Dublin, Alameda County Superior Court Case No. 24CV087642

IV. CONFERENCE WITH LEGAL COUNSEL—EXISITING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
In Purdue Pharma L.P., et al. (S.D.N.Y.), Case No. 19-23649

V. CONFERENCE WITH LEGAL COUNSEL—EXISITING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
In re: National Prescription Opiate Litigation (N.D. Ohio) Case No. 1:17-md-2804

REGULAR MEETING 7:00 PM

A Regular Meeting of the Dublin City Council was held on Tuesday, September 16, 2025, in the Peter W. Snyder Council Chamber. The meeting was called to order at 7:00 PM, by Vice Mayor Qaadri.

Attachment 1
14 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
September 16, 2025

1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE

Attendee Name Status
Dr. Sherry Hu, Mayor Absent
Kashef Qaadri, Vice Mayor Present
Jean Josey, Councilmember Present
Michael McCorriston, Councilmember Present
John Morada, Councilmember Present

2) REPORT ON CLOSED SESSION

City Attorney John Bakker reported the City Council approved two settlements in the National Prescription Opiate Litigation:
 One with Purdue Pharma and its owners, the Sackler Family, with a maximum settlement value of $128,081.65.
 One with secondary manufactures (Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus) with a maximum settlement value of $17,850.38.

3) PRESENTATIONS AND PROCLAMATIONS

The City Council presented the Constitution Week Proclamation.

3.2)

Employee Introductions

New City of Dublin staff members, Lacey Bockhous, Digital Communications Technician with the City Manager’s Office, and Christina Brekelmans, Recreation Coordinator with Parks and Community Services, were introduced.

4) PUBLIC COMMENT

Frank Dillon provided public comment.

Mike Grant provided public comment.

Naveena Rudrapada provided public comment.

5) CONSENT CALENDAR

5.1) Approved the September 2, 2025, Regular City Council Meeting Minutes.

3.1) Presentation of the Constitution Week Proclamation 15 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
September 16, 2025

5.2) Adopted Resolution No. 77-25 titled, “Authorizing Enforcement of the California Vehicle Code to Privately Owned Roads Within the Wallis Ranch Subdivision and Approving an Agreement with the Wallis Ranch Homeowner’s Association for the Provision of Traffic Enforcement Services.”

5.3) Adopted Resolution No. 78-25 titled, “Approving the Fourth Amendment to the Land Lease between the City of Dublin and U.S. Bank National Association.”

5.4) Received the report of payments issued from August 1, 2025 – August 31, 2025, totaling $24,541,574.76.

5.5) Adopted Resolution No. 79-25 titled, “Adopting the City of Dublin Title VI Program.”

5.6) Adopted Resolution No. 80-25 titled, “Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith with Terms and Provisions of the Agreements.”

On a motion by Councilmember McCorriston, seconded by Councilmember Josey and by unanimous vote, the City Council adopted the Consent Calendar.

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

Vice Mayor Qaadri called a recess at 7:21 PM.

Vice Mayor Qaadri reconvened the meeting at 7:24 PM.

6) PUBLIC HEARING – None.

7) UNFINISHED BUSINESS – None.

8) NEW BUSINESS

8.1) Annual Review of the City’s Statement of Investment Policy

The City Council received a presentation regarding the annual review and updates of the City’s Statement of Investment Policy.

Daniel provided public comment.

16 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
September 16, 2025

Adam Kalman provided public comment.

Tsahala David provided public comment.

Kathryn Doyen provided public comment.

Riyad Sood provided public comment.

Eyal provided public comment.

Musa Tariq provided public comment.

Kenneth Goldman provided public comment.

Mike Grant provided public comment.

Arman Rizvi provided public comment.

Rabbi Larry Milder provided public comment.

Sarah Dorman provided public comment.

Linda Knapp provided public comment.

Sofia Rahman provided public comment.

Cathy Fararjeh provided public comment.

Am Ysrael Chai provided public comment.

Ray provided public comment.

Hagit Shekel provided public comment.

On a motion by Councilmember McCorriston and seconded by Vice Mayor Qaadri, and by unanimous vote, the City Council adopted Resolution No. 81-25 titled, “Approving the Annual Review of the Statement of Investment Policy and Delegation of Authority to Complete Investment Transactions.”

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Michael McCorriston, Councilmember
SECOND: Kashef Qaadri, Vice Mayor
AYES: Josey, McCorriston, Qaadri, Morada
ABSENT: Hu

8.2) Agreement with East Bay Pool Service, Inc. for Aquatic Facilities Maintenance 17 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
September 16, 2025

The City Council received a presentation on the agreement with East Bay Pool Services, Inc., for aquatic facilities maintenance.

Vice Mayor Qaadri opened the public comment period. Upon receiving no public comment, Vice Mayor Qaadri closed the public comment period.

On a motion by Councilmember Morada and seconded by Councilmember Josey, and by unanimous vote, the City Council adopted Resolution No. 82-25 titled, “Approving the Contractor Services Agreement with East Bay Pool Service, Inc. for Aquatic Facilities Maintenance,” and approved the budget change.

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

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).

By consensus, the City Council directed Staff to bring a policy to a future meeting formalizing the current practice of lowering the flag to half-staff.

10) ADJOURNMENT

Vice Mayor Qaadri adjourned the meeting at 9:13 PM.

Mayor
ATTEST:

City Clerk

18 STAFF REPORT

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Agenda Item 5.2
DATE: October 7, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Grace Pointe/Dublin Centre Exempt Surplus Land
Prepared by: Jason Earl, Senior Management Analyst

EXECUTIVE SUMMARY:

The City Council will consider declaring the 1.83-acre portion of property in the Dublin Centre to be Exempt Surplus Land for an Affordable Housing Development. Declaring this land to be Exempt Surplus Land will enable the City of Dublin to transfer the property to Sunflower Grace, L.P., for the development and operation of affordable rental housing in accordance with the terms of the Development Agreement for the Dublin Centre Project.

STAFF RECOMMENDATION:

Adopt the Resolution Declaring Property Located in the Dublin Centre Project to be Exempt Surplus Land for Affordable Housing Development Pursuant to the Surplus Land Act.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Background
On December 6, 2022, the City Council approved the Development Agreement for the Dublin Centre project. As part of the project’s compliance with the City Inclusionary Zoning Ordinance, the developer agreed to donate land at the corner of Dublin Boulevard and Brannigan Street (the Property) to the City or its designated recipient for a multi-family housing project affordable to lower income households.

On November 5, 2024, the City Council entered into an Affordable Housing Assistance Agreement (AHAA) with Sunflower Grace, L.P., for the Grace Pointe project. Under the terms of the AHAA, Sunflower Grace L.P. will be the recipient of the Property for the purpose of constructing and operating an affordable rental housing development thereon.

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Sunflower Grace, L.P., which includes affiliates of Sunflower Hill and Satellite Affordable Housing Associates (SAHA) as general partners, proposes to develop a 60-unit low- and very- low income affordable housing project for those with intellectual and developmental disabilities (I/DD) on the Property. As a non-profit affordable housing developer, Sunflower Grace L.P., will be seeking funds from multiple funding sources to construct the Grace Pointe project.

Receipt of property as exempt surplus land allows certain funding applications, such as the Multifamily Housing Program by HCD, and the Multi-Family Super NOFA Capital funding, to be more competitive. Therefore, Sunflower Hill requested that the City acquire the Property from the Dublin Centre master developer and subsequently transfer it to Sunflower Grace, L.P., as surplus property to enhance the competitiveness of its affordable housing funding applications.

Analysis
Pursuant to the Surplus Land Act (Government Code Section 54220 et seq.), local agencies must determine whether publicly owned land is “surplus” or “exempt surplus” prior to its sale or lease. The Property qualifies as “exempt surplus land” under multiple provisions of the Act:

 Section 54221(f)(1)(A) defines exempt surplus land as property used for housing developments pursuant to Government Code Section 37364, which allows cities to convey land for housing when at least 80% of the land is developed for housing and at least 40% of the units are designated for low and very low-income households, with affordability restrictions lasting at least 30 years. The AHAA exceeds these requirements by mandating that all units (except one manager’s unit) be restricted to low and very low-income households for a period of 55 years.  Section 54221(f)(1)(F) further defines exempt surplus land as property used for housing developments where 100% of units (excluding a manager’s unit) are restricted to low- or moderate-income households, with at least 75% restricted to lower income households, and rents set at least 20% below median market rates for the neighborhood. These restrictions must be recorded in a covenant or regulatory agreement. The AHAA requires a Regulatory Agreement to be recorded against the Property for a term of 55 years.
 Section 54221(f)(2) requires notification to certain entities if the land is located in sensitive areas such as coastal zones or near historic sites. The Property does not meet any of these criteria, and therefore no such notification is required.

The Surplus Land Act Guidelines require that a local agency making an exempt surplus land determination must document its findings and submit them to the California Department of Housing and Community Development (HCD) at least 30 days prior to disposition. A Resolution documenting the findings and declaring the Property in the Dublin Centre Project to be Exempt Surplus Property for affordable housing development is included as Attachment 1.

STRATEGIC PLAN INITIATIVE:

Strategy 3: Housing Inclusivity and Affordability
Objective A: Implement the goals, policies, and programs in the 2023-2031 Housing Element.

Objective B: Support efforts to produce housing affordable at all levels of income. 20

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Objective E: Support efforts to address housing for special needs communities.

ENVIRONMENTAL DETERMINATION:

The action of declaring the Property to be exempt surplus property for affordable housing development is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 as this action does not meet CEQA’s definition of a “project” and would not result in either a direct physical change, or a reasonably foreseeable indirect physical change in the environment.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

1) Resolution Declaring Property Located in the Dublin Centre Project to be Exempt Surplus Land for Affordable Housing Development Pursuant to the Surplus Land Act

21 Attachment 1
Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 3 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

DECLARING PROPERTY LOCATED IN THE DUBLIN CENTRE

PROJECT TO BE EXEMPT SURPLUS LAND FOR

AFFORDABLE HOUSING DEVELOPMENT PURSUANT TO THE

SURPLUS LAND ACT

WHEREAS, on December 6, 2022, the City Council approved a Development Agreement for the Dublin Centre project, and as part of the project’s compliance with the City’s Inclusionary Zoning Ordinance, the developer agreed to donate land within the Dublin Centre project to the City or its designated recipient; and

WHEREAS, on November 5, 2024, the City Council approved an Affordable Housing Assistance Agreement (“AHAA”) with Sunflower Grace, L.P. with respect to certain approximately

1.83 acres of real property located in the Dublin Centre project, a portion of APN 985 -0051-006- 00 (the “Property”) , for the development and operation of an affordable rental housing development thereon; and

WHEREAS, Sunflower Grace, L.P., which includes affiliates of Sunflower Hill and Satellite Affordable Housing Associates (SAHA) as general partners , proposes to develop the Grace Pointe project on the Property consisting of a 60-unit low- and very-low-income affordable housing project for those with intellectual and developmental disabilities (I/DD); and

WHEREAS, Sunflower Grace, L.P. requested that the City acquire the Property from the Dublin Centre master developer and subsequently transfer it to Sunflower Grace, L.P. as surplus property to enhance the competitiveness of its funding applications; and

WHEREAS, the Surplus Land Act, Government Code Section 54220, et seq., provides that local public agencies must determine whether land owned by the public agency is “surplus land” or “exempt surplus land” prior to the sale or lease of such land; and

WHEREAS, Section 54221(f)(1)(A) of the Surplus Land Act provides that surplus land that is transferred by a city pursuant to Government Code Section 37364 is “exempt surplus land”; and

WHEREAS, Government Code Section 37364 authorizes cities to convey real property when not less than 80% of the property will be developed for ho using, and not less than 40% of the housing units will be developed for low and very low-income tenants at an affordable rent, and restricted for a period of at least 30 years; and

WHEREAS, the AHAA requires that all of the Property will be developed f or housing, and all of the housing units thereon (except for one manager’s unit) will be developed for low and extremely low income tenants at an affordable rent, and restricted for a period of 55 years, pursuant to a Regulatory Agreement between the City and Sunflower Grace, L.P. to be recorded in the official records of Alameda County; and

WHEREAS, Section 54221(f)(1)(F) of the Surplus Land Act provides that “exempt surplus land” includes surplus land that is to be developed for a housing development th at restricts 100 22 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 3 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, with an affordable rent for 55 years for rental housing, and the maximum affordable rent level is at least 20 percent below the median market rents for the neighborhood in which the site is located, with such requirements contained in a covenant or restriction recorded against the surplus land that runs with the land; and

WHEREAS, the AHAA requires that a Regulatory Agreement will be recorded against the Property at the time of conveyance to Sunflower Grace, L.P. which requires that for a period of 55 years the rental of 100 percent of the residential units (except for one manager’s unit) will be restricted to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households, with an affordable rent, and the maximum affordable rent level will be at leas t 20 percent below the median market rents for the neighborhood in which the Property is located; and

WHEREAS, Section 54221(f)(2) of the Surplus Land Act provides that notwithstanding the foregoing exemptions, a written notice of the availability of surplus land for open-space purposes shall be sent to specified entities if the land is within a coastal zone, adjacent to a historical unit of the State Parks System, listed on or determined by the State Office of Historic Preservation to be eligible for the National Register of Historic Places, or within the Lake Tahoe region; and

WHEREAS, the Property does not meet any of the criteria of Section 54221 (f)(2) of the Surplus Land Act, and therefore no written notice of the availability of surplus land for open-space purposes is required to be sent with respect to the Property; and

WHEREAS, the Surplus Land Act Guidelines provide that a local agency that determines that property is exempt from the Surplus Land Act shall support such a determination with written findings and shall provide a copy of the written determination to the California Department of Housing and Community Development at least 30 days prior to disposition; and

WHEREAS, the City Council desires to declare the Property to be exempt surplus land and to make certain findings with respect to the City’s conveyance of the Property to Sunflower Grace, L.P.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby makes the following findings and determinations:

1. The Property is designated as exempt surplus land on the basis that the City intends to convey the Property in accordance with Government Code Sections 54221 (f)(1)(A) and 54221(f)(1)(F).

2. The City Council hereby directs the City Manager or her designee to transmit a copy of this resolution to the California Department of Housing and Community Development, and to transmit such further information and documents as are necessary for the Department’s review of the compliance of this transaction with the requirements of the Surplus Land Act.

3. The conveyance of the Property to Sunflower Grace, L.P. pursuant to the AHAA shall occur no earlier than the first to occur of (a) the approval of the findings hereof by the California Department of Housing and Community Develo pment, or (b) thirty days after the submission of this resolution and all accompanying documents to the California Department of Housing and Community Development.
23 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 3 of 3

PASSED, APPROVED AND ADOPTED this 7th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:

_________________________________
City Clerk

24 STAFF REPORT

CITY COUNCIL

Page 1 of 3 ends

Agenda Item 5.3
DATE: October 7, 2025

TO: Honorable Mayor and City Councilmembers

FROM: Colleen Tribby, City Manager

SUBJECT:

Agreements for On-Call Construction Management and Inspection Services and an Amendment to the Agreement with Pakpour Consulting Group, Inc. for On-Call Development Review Services
Prepared by: Julius Pickney, Management Analyst II

EXECUTIVE SUMMARY:

The City Council will consider approving agreements with 4LEAF Inc., Consor PMCM Inc., GFT Infrastructure Inc., MNS Engineers Inc., Pakpour Consulting Group Inc., Swinerton Management & Consulting, and Unico Engineering Inc. for on-call construction management and inspection services. The City Council will also consider amending an agreement with Pakpour Consulting Group Inc. for on-call development review services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Agreements for On-Call Construction Management and Inspection Services with 4LEAF Inc., Consor PMCM Inc., GFT Infrastructure Inc., MNS Engineers Inc., Pakpour Consulting Group Inc., Swinerton Management & Consulting, and Unico Engineering Inc.; and adopt the Resolution Approving an Amendment to the Agreement with Pakpour Consulting Group Inc. for On-Call Development Review.

FINANCIAL IMPACT:

The proposed agreements for On-Call Construction Management and Inspection Services include a not-to-exceed compensation amounts of $2,000,000 for each consulting firm. The amendment to the agreement for On-Call Development Review with Pakpour Consulting Group Inc. includes a $500,000 increase to the not-to-exceed compensation amount, bringing the total to $3,500,000. 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 development deposit accounts funded by developers.

Page 2 of 3 ends

DESCRIPTION:

Agreements for On-Call Construction Management and Inspection Services The Public Works Department utilizes consultants and contractors on Capital Improvement Program (CIP) projects, private development projects, and City operation and maintenance programs. Consultants are solicited through an open and competitive request for qualifications (RFQ) process. In July 2025, Staff issued an RFQ for On-Call Construction Management and Inspection Services to find consultants that have the necessary background and expertise to provide these services.

Twenty-one submissions were received in response to the RFQ. Upon review of the qualifications received, Staff determined that all 21 firms are qualified. Staff recommends entering into on-call agreements with seven firms based on the evaluation rankings and the estimated need for services during a three-year agreement term. The seven firms recommended are: 4LEAF Inc., Consor PMCM Inc., GFT Infrastructure Inc., MNS Engineers Inc., Pakpour Consulting Group Inc., Swinerton Management & Consulting, and Unico Engineering Inc. The recommended firms have provided these services to Dublin in the past and have provided similar services to various municipalities around the Bay Area. Each of the proposed agreements includes a compensation limit of $2,000,000 over the three-year term, rate increase provisions tied to the consumer price index or maximum of three percent, and performance measures related to the firm’s services.

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 these firms at a future date. The other firms that responded to the RFQ are:

Alpha CM, AZAD Engineering PC, Bureau Veritas North America Inc., CSG Consultants Inc., Dabri Inc., Dewberry Engineers Inc., E. Majalani Construction Management Inc., Haley & Aldrich Inc., Hollins Consulting Inc., mack5, Mark Thomas & Company Inc., Shiels Sowko Consultants Inc., Wilsey Ham, and Zoon Engineering.

Amendment to Agreement for Development Review – Pakpour Consulting Group On June 15, 2021, the City Council approved an agreement with Pakpour Consulting Group Inc. (Resolution No. 72-21) for On-Call Development Review and On-Call Construction Management and Inspection Services. On December 16, 2021, the agreement was amended to expand the scope of services to add emergency operations assistance. On June 4, 2024, the City Council amended the agreement (Resolution No. 39-24) to extend the term to June 30, 2026, and increase the not-to-exceed compensation limit from $2,000,000 to $3,000,000.

If the City Council approves a new agreement with Pakpour for on-call construction management and inspection services, then Staff recommends the City Council amend the existing agreement with Pakpour to remove on-call construction management and inspection services from the scope of work. The amended agreement would then be limited to development review services and emergency operations assistance.

Staff also proposes amendments to the existing agreement to increase the not-to-exceed compensation limit and update billing rates. Staff recommends increasing the not-to-exceed 26

Page 3 of 3 ends

compensation limit by $500,000, for a total not-to-exceed compensation limit of $3,500,000.

The increased limit is needed for current and future development review services, such as plan review, map review, permit issuance, project management, and project closeout for various development projects. The amendment also includes updating billing rates, linking future billing rate increases to the consumer price index, and including development review performance measures.

STRATEGIC PLAN INITIATIVE:

None

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

1) Resolution Approving the Agreements for On-Call Construction Management and Inspection Services with 4LEAF Inc., Consor PMCM Inc., GFT Infrastructure Inc., MNS Engineers Inc., Pakpour Consulting Group, Inc., Swinerton Management & Consulting, and Unico Engineering Inc.
2) Exhibit A to Resolution – Consulting Services Agreements with 4LEAF Inc., Consor PMCM Inc., GFT Infrastructure Inc., MNS Engineers Inc., Pakpour Consulting Group Inc., Swinerton Management & Consulting, and Unico Engineering Inc. 3) Request for Qualifications – On-Call Construction Management and Inspection Services 4) Statements of Qualifications – On-Call Construction Management and Inspection Services 5) Resolution Approving an Amendment to the Agreement with Pakpour Consulting Group Inc. for On-Call Development Review
6) Exhibit A to Resolution – Third Amendment to the Consulting Services Agreement with Pakpour Consulting Group Inc.
7) Consulting Services Agreement between the City of Dublin and Pakpour Consulting Group Inc.

27 Attachment 1
Reso. No. XX-25, Item X.X, Adopted 10/7/2025 Page 1 of 2 RESOLUTION NO. XX – 25

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE AGREEMENTS FOR ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES WITH 4LEAF INC., CONSOR PMCM INC., GFT INFRASTRUCTURE INC., MNS ENGINEERS INC., PAKPOUR CONSULTING GROUP INC., SWINERTON MANAGEMENT & CONSULTING, AND UNICO ENGINEERING INC.

WHEREAS, on July 2, 2025, Staff issued a Request for Qualifications (RFQ) for On -Call Construction Management and Inspection Services; and

WHEREAS, the City received twenty-one responses to the RFQ; and

WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance with the RFQ rating criteria; and

WHEREAS, the City desires to enter into agreements with 4LEAF Inc., Consor PMCM Inc., GFT Infrastructure Inc., MNS Engineers Inc., Pakpour Consulting Group Inc., Swinerton Management & Consulting, and Unico Engineering Inc., each for a not -to-exceed amount of $2,000,000 over a three-year term; and

WHEREAS, the following firms which were deemed to be qualified as part of the RFQ solicitation process and will remain on the City’s Managed Qualified Bid List, reserving the right to enter into an agreement with these firms at a future date : Alpha CM, AZAD Engineering PC, Bureau Veritas North America Inc., CSG Consultants Inc., Dabri Inc., Dewberry Engine ers Inc., E. Majalani Construction Management Inc., Haley & Aldrich Inc., Hollins Consulting Inc., mack5, Mark Thomas & Company Inc., Shiels Sowko Consultants Inc., Wilsey Ham, and Zoon Engineering.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreements with 4LEAF Inc., Consor PMCM Inc., GFT Infrastructure Inc., MNS Engineers Inc., Pakpour Consulting Group Inc., Swinerton Management & Consulting, and Unico Engineering Inc. 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}

28 Reso. No. XX-25, Item X.X, Adopted 10/7/2025 Page 2 of 2

PASSED, APPROVED AND ADOPTED this 7th day of October 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Mayor
ATTEST:

_________________________________
City Clerk

29 Consulting Services Agreement between City of Dublin and October 7, 2025 4 Leaf, Inc. for Construction Management and Inspection Services Page 1 of 21

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
4LEAF, INC.

FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and 4LEAF, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of October 7, 2025 (the “Effective Date”).

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

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

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 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 Resolution
30 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 2 of 21

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works. 1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,000,000, 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 31 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 3 of 21 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:oDaily logs of total hours worked by each individual performing work under this AgreementoHours must be logged in increments of tenths of an hour or quarter houroIf this Agreement covers multiple projects, all hours must also be logged by project assignmentoA brief description of the work, and each reimbursable expenseThe 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. 32 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 4 of 21

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of 33 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 5 of 21 this Agreement until receipt of authorization from the Contract Administrator.Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In 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. 34 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 6 of 21 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; andb. Waiver of Subrogation Endorsement as required by the section.4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.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. 35 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 7 of 21

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:a. Certificate of Liability Insurance in the amounts specified in the section;b. Additional Insured Endorsement as required by the section;c. Waiver of Subrogation Endorsement as required by the section; andd. 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 36 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 8 of 21 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.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. 37 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 9 of 21

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.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. 41 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 13 of 21 Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.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:
42 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 14 of 21

8.6.1Immediately terminate the Agreement;8.6.2Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;8.6.3Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or8.6.4Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS.9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request 43 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 15 of 21 of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.Section 10. MISCELLANEOUS PROVISIONS.10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is 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. 44 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 16 of 21 Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.10.10 Notices. Any written notice to Consultant shall be sent to: Gene Barry2126 Rheem DrivePleasanton, CA 94588Any written notice to City shall be sent to:City of Dublin Att: City Engineer100 Civic PlazaDublin, CA 9456810.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A represents the entire and integrated 45 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 17 of 21 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 Expenses10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.10.14 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq.A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon 46 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 18 of 21 compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.B. WAGES:i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or 47 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 19 of 21 portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.c. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
48 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 20 of 21 a. The information contained in the payroll record is true and correct.b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.SIGNATURES ON FOLLOWING PAGE 49 Consulting Services Agreement between City of Dublin and October 7, 20254 Leaf, Inc. for Construction Management and Inspection Services Page 21 of 21 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.CITY OF DUBLIN 4LEAF, INC.Colleen Tribby, City Manager Gene Barry, Vice PresidentAttest:Consultant’s DIR Registration Number(if applicable)Marsha Moore, City ClerkApproved as to Form:City Attorney 50 Consulting Services Agreement between City of Dublin andLast revised October 7, 20254 Leaf, Inc. for Construction Management and Inspection ServicesExhibit A – Page 1 of 9 EXHIBIT ASCOPE OF SERVICESThe Scope of Services is intended as a guide to illustrate the minimum project requirements. The Construction Management Team will provide professional and technical services to manage the construction and inspection for the assigned project under the supervision of the City of Dublin. The Consultant selected shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete the project.Services During Pre-Construction:The Construction Manager will assist City Staff in the following:1. Perform a review (constructability and biddability) of the construction documents issued to the City for review and provide recommendations regarding feasibility of construction methods, current availability of materials and labor and time requirements for procurement. Identify materials or services which may have a long lead time and could impact the project. Provide written comments to the City for incorporation into the bid documents by addendum if necessary. 2. Work with the City to develop strategies to generate market interest in the Project.3. Take the lead in managing the bid process including receiving bidder’s questions, distributing information to the City and design consultant, issuing bid addendums, analyzing bids and ultimately make a recommendation of award to the City Project Manager. Provide documentation and substantiation to allow Staff to gain City Council approval of award.4. Maintain an electronic project management filing system and potentially on the City’s network using the Microsoft Office Suite.5. Work with and provide project specific construction recommendations to the design team. Review and provide comments on the construction logistics plans produced by the design team.Services During Construction:The Construction Manager will represent the City during construction of the project. The Construction Manager will perform the following specific services:1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper communication and progress of the project. Act as liaison to the City through the City’s Project Manager. 2. Schedule, direct, and supervise the Project Inspector. 51 Consulting Services Agreement between City of Dublin andLast revised October 7, 20254 Leaf, Inc. for Construction Management and Inspection ServicesExhibit A – Page 2 of 9

3. Coordinate all required testing services and review testing reports and materials testing personnel.4. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule. 5. Review, evaluate, and furnish recommendations to the City regarding contractor’s performance, construction schedule, and any other matters related to compliance with the contract, including the Community Workforce Agreement.6. Provide a daily log of events and activities, so as to secure the City’s interests and monitor work accomplished in accordance with the contract.7. Review, track, and assist in the preparation of responses to Contractor RFIs. 8. Review, track, and assist in the review of Contractor submittals, including obtaining Building Permits as necessary. 9. Review and track certificates of compliance and product submittals for conformance to the project Special Provisions and/or Caltrans Standard Specifications and Plans.10.Provide a monthly update outlining project status, schedule, submittals, RFIs, and change order issues. Include pertinent photos or supporting documents. The report should include an analysis of any potential delays and their actual relevance. The report should be suitably formatted to share with the City Manager’s Office.11.Issue Weekly Statement of Days Charged.12.Review and furnish contract correspondence, minutes of meetings, and directives to be issued to secure the interests of the City.13.Review and make recommendations regarding payments to contractor including Change Orders, when applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope.14.Attend all construction-related site meetings with the City’s representatives, contractors, and other meetings between related parties as required. Maintain separate notes on such meetings. 15.Verify that the Contractor complies with the requirement of the project’s water pollution control and staff the project with the required personal and submit necessary documentation to the SMART system.16.Assist the Design Consultant’s Team to ensure compliance with the project’s various environmental requirements and permits.17.Assist with providing any information to the City Departments as required, including any requested tours of the construction site. 52 Consulting Services Agreement between City of Dublin andLast revised October 7, 20254 Leaf, Inc. for Construction Management and Inspection ServicesExhibit A – Page 3 of 9

18.Monitor contractor’s construction activities to ensure the General Contractor provides proper planning and coordination of work crews and of subcontractors for the execution of the project work.19.Identify potential claims and make recommendations to resolve them.20.Upon completion of the project work, provide a punch list review, and recommendation of Project Acceptance.21.Upon completion of the project work, review all of the Contractor’s final submittals to ensure their compliance with final project close-out requirements.22.The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor and inform the City.The Project Inspector will represent the City during construction and report to the Construction Manager or Inspector of Record or City Representative:1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans and Specifications.2. Perform the duties designated by the City’s Building Department Inspector or Inspector of Record for the project, as necessary.3. Provide inspector’s daily report of events, labor, equipment, and activities so as to secure the City’s interests and monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated into the report.4. Take digital photographs and digital video tape recordings of the construction progress on a regular basis, including pre-construction conditions within the project limits.5. Collect material tags and verify materials on site meet project specifications and project submittals.6. Maintain a redline set of as-built plans and specifications.7. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a quantity bid sheet for each bid item of work. 8. Assists the Construction Manager or City Representative in review and recommendation of progress payments.9. Track and document Time and Materials work issued to the Contractor.10.Work with the Construction Manager and other agencies and permit holders to issue a project punch-list. Post-Construction Services:
53 Consulting Services Agreement between City of Dublin andLast revised October 7, 20254 Leaf, Inc. for Construction Management and Inspection ServicesExhibit A – Page 4 of 9

1. Provide marked up construction record drawings (as-built drawings) for designer completion.2. Coordinate and prepare final progress payment. 3. Provide final inspection services and project closeout activities including preparation of final construction project report and other documents required by City of Dublin, City Building Department or Authority having Jurisdiction and resolve all contractor claims if any. 4. Resolution of all contract issues, warranties, bonds, etc.5. Turn all construction documents over to the City of Dublin in electronic format and/or hard copy, as requested.6. Provide any necessary documentation to meet the requirements of grant funding.7. As necessary, assist the City with any warranty items or a warranty inspection in order to release the warranty bond.Special Inspection and Materials TestingThe Special Inspection firm shall be on the City of Dublin’s Building and Safety Division’s “Recognized Special Inspection & Testing Agency” (see “Special Inspection and Testing Agreement” form, which is available on the City of Dublin’s Building and Safety Division website at: https://ca-dublin2.civicplus.com/DocumentCenter/View/60/Special-Inspection-and-Testing-Agreement?bidId= listed in all categories or be able to be added to the list prior to execution of the Agreement.Laboratory shall be certified by the State of California to provide material testing for Federal Aid Projects.Field and Laboratory Compaction Testing using Caltrans and ASTM methods.Plant inspection.Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar, Conduit, Cables, etc.).Public Works Inspection, as needed.Firms will be required to sign and comply with the requirements of the City of Dublin Building and Safety Division’s “Special Inspection and Testing Agreement” for projects or project components issued a Building Permit.Project Description:Below is a list of potential projects from the City of Dublin’s Adopted Five-Year Capital Improvement Program 2024-2029 Update that the City anticipates proceeding with construction during the duration of the agreement. 54 Consulting Services Agreement between City of Dublin andLast revised October 7, 20254 Leaf, Inc. for Construction Management and Inspection ServicesExhibit A – Page 5 of 9 Resiliency and Disaster Preparedness/Storm Damage Repair Projects, including slide repairs, creek bank reconstruction, trash rack repair, creek channel debris removal, etc.Iron Horse Nature Park and Open Space, future phasesGreen Stormwater Infrastructure, including Trash Capture Devices InstallationVillage Parkway Reconstruction and Complete StreetsCitywide Energy Improvements, including Civic Center solar PV canopies, battery energy storage system, generator replacement, etc.Electric Vehicle Charging StationsFacilities Parking Lot ResurfacingAnnual Street Resurfacing, including slurry seals, cape seals, overlays, etc.Citywide Bicycle and Pedestrian Improvements, including Safe Routes to SchoolKolb Park RenovationRestrooms ReplacementSports Courts ResurfacingCitywide Signal Communications UpgradeStreet Light Pole PaintingOther projects listed in the 2024-2029 CIP Update and subsequently adopted Five-Year CIPs through the duration of the agreement. Additionally, the selected firm will be available on an on-call basis for the following services:Biddability and constructability reviews for various capital improvements projectsAs-needed inspection services for various Public Works permits, such as encroachment permits, grading permits, and development inspection 55 Consulting Services Agreement between City of Dublin andLast revised October 7, 20254 Leaf, Inc. for Construction Management and Inspection ServicesExhibit A – Page 6 of 9 Performance Measures:Deliverables1. Construction documentation reviewProvide recommendations to Public Works Director, City Engineer, or designee within ten (10) business days of receipt of requested construction documentation review. 2. Monthly Summary ReportAs requested by the Public Works Department on specific projects, reports shall be submitted to the Public Works Department with invoices each month and must include:oContract value, working days, project budget data, and estimated percentage complete of major construction tasks. oUpdates outlining project status, schedule, submittals, and RFIs oChange order recommendations, meeting minutes, agendas, and Inspector daily reportsoPertinent photos, supporting documents, and an analysis of any potential delays and their actual relevanceoSummary of completed activities, on-going activities, and open/unresolved items The report should be suitably formatted to share with the City Manager’s Office.3. Construction Record DrawingsProvide marked-up as-built drawings to the Public Works Department with ten (10) business of receipt of request from Public Works Department. 4. Final Construction Project ReportReports shall be submitted to the Public Works Department within twenty (20) business days of completion and must include:All construction documents, grant records, and warranty documentation.If the Consultant is unable to meet the timelines or requirements set forth in Exhibit A, the City will provide written comments outlining the deficient deliverables and will, in good faith, meet and discuss with the Consultant regarding their performance to understand the circumstances and collaboratively identify a resolution. If performance issues persist, and the City can reasonably demonstrate that such issues are due to the Consultant’s actions or omissions, the City may, (i) temporarily withhold payment for the specific deliverables in question until they are satisfactorily completed and accepted, or (ii) request that the Consultant re-perform the services at no additional cost. Repeated and material failure to meet agreed-upon performance measures, after reasonable opportunity to cure and upon substantiated fault of the Consultant, may constitute grounds for termination for cause. 56 Consulting Services Agreement between City of Dublin andLast revised October 7, 20254 Leaf, Inc. for Construction Management and Inspection ServicesExhibit A – Page 7 of 9 COMPENSATION SCHEDULE & REIMBURSABLE EXPENSESFiscal YearStaff Designation 2025 – 2026Principal-in-Charge / Contract Manager$221.09Construction Manager $197.45Public Works Inspector (Regular Time)*$169.77Public Works Inspector (Night Time)*$190.99Public Works Inspector (Overtime 1)*$229.19Public Works Inspector (Overtime 2)*$314.08Public Works Inspector (Overtime 3)*$398.96Project Administrative Assistant $95.00Public Works Inspector Apprentice* $98 - $150*Staff category subject to California Prevailing Wage Rate Requirements.BASIS OF CHARGESA. Rates shown assume projects under this on-call contract will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the project.B. Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR. Rates based on California DIR’s wage determinations dated February 2025.C. Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable/qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to 57 Consulting Services Agreement between City of Dublin andLast revised October 7, 20254 Leaf, Inc. for Construction Management and Inspection ServicesExhibit A – Page 8 of 9 the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector issued February 2025 were used to determine the range of Calendar Year 2025 hourly rates for Public Works Inspector Apprentice.D. All invoicing will be submitted monthly.E. Overtime and Premium time will be charged as follows:i. Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rateii. Overtime 1 (over 8 hours M-F or Saturdays) 1.35 x hourly rateiii. Overtime 2 (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rateiv. Overtime 3 (over 8 hours Sun or Holidays) 2.35 x hourly rateF. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.G. Subconsultant invoices will be assessed a 10% Administrative Processing Fee.H. Project-related mileage for inspections will be billed at the allowable IRS Rate.I. Payment due on receipt. All payments over 30 days will be assessed as a 1.5% interest charge.J. Client shall pay attorneys’ fees or other costs incurred in collecting delinquent amounts.K. Client agrees that 4LEAF’s liability will be limited to the value of services provided.L. In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.M. If 4LEAF is requested or otherwise required to conform to Client’s alternative workweek schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW. If 4LEAF’s affected employment group approves an AWW election and the same is registered, overtime compensation/reimbursement shall not be required.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 58 Consulting Services Agreement between City of Dublin andLast revised October 7, 20254 Leaf, Inc. for Construction Management and Inspection ServicesExhibit A – Page 9 of 9 this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. Remit invoices to: [email protected] 59 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection Services Page 1 of 22 CONSULTING SERVICES AGREEMENT BETWEENTHE CITY OF DUBLIN ANDCONSOR PMCM, INC.FORCONSTRUCTION MANAGEMENT AND INSPECTION SERVICESTHIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Consor PMCM, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of October 7, 2025 (the “Effective Date”).Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 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 with the degree of care and skill according to the standards observed by a competent practitioner of the profession in which Consultant is engaged at the same time and locality of performance. 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. 60 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection Services Page 2 of 22

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works. 1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,000,000, 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 61 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection Services Page 3 of 22 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:oDaily logs of total hours worked by each individual performing work under this AgreementoHours must be logged in increments of tenths of an hour or quarter houroIf this Agreement covers multiple projects, all hours must also be logged by project assignmentoA brief description of the work, and each reimbursable expenseThe 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. 62 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection Services Page 4 of 22

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of 63 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection Services Page 5 of 22 this Agreement until receipt of authorization from the Contract Administrator.Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In 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. 64 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection Services Page 6 of 22 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; andb. Waiver of Subrogation Endorsement as required by the section.4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.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. 65 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection Services Page 7 of 22

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:a. Certificate of Liability Insurance in the amounts specified in the section;b. Additional Insured Endorsement as required by the section;c. Waiver of Subrogation Endorsement as required by the section; andd. 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 66 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection Services Page 8 of 22 work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:a. The retroactive date of the policy must be shown and must be before the date of the Agreement.b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates.c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement.d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.4.4 All Policies Requirements.4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 67 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection Services Page 9 of 22

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;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/orTerminate this Agreement Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by Laws and Regulations, the total liability, in the aggregate, of Consultant and its officers, directors, agents, employees, and Subconsultants to the 68 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 10 of 22 City and anyone claiming by, through, or under the City for any and all claims, losses, costs, or damages whatsoever arising out of the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Consultant or Consultant’s officers, directors, agents, employees or Subconsultants (hereafter “the City’s Claims”), will be limited to:1. Responsibility for payment of all or the applicable portion of any deductibles, either directly to the Consultant’s insurers or in settlement or satisfaction, in whole or in part, of the City’s Claims, and2. Total insurance proceeds paid on behalf of or to Consultant by Consultant’s insurers in settlement or satisfaction of the City’s Claims under the terms and conditions of Consultant’s applicable insurance policies, up to the amount of insurance required under this Agreement.If no such insurance coverage is provided with respect to the City’s Claims, then the total liability, in the aggregate, of Consultant and Consultant’s officers, directors, agents, employees, and Subconsultants to the City and anyone claiming by, through, or under the City, for any and all such uninsured City’s Claims will not exceed Consultant’s Compensation. .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 in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all third-party claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, but only to the extent caused by, 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, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all third-party claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, Consultant’s obligation shall not exceed Consultant’s proportionate percentage fault.Consultant's obligation under this section does not extend to that portion of a claim caused by the sole negligence or willful misconduct of the City. 69 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 11 of 22 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, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all third-party liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature but only to the extent caused by, arising out of or in connection with Consultant’s negligent 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 negligence or willful misconduct of City.To the fullest extent permitted by Laws and Regulations, City and Consultant waive against each other, and the other’s officers, directors, members, partners, agents, employees, subconsultants, and insurers, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. Such excluded damages include but are not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and cost of capital.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. 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 70 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 12 of 22 Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no 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, 71 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 13 of 22 agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.Section 8. TERMINATION AND MODIFICATION.8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract 72 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 14 of 22 Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following:8.6.1Immediately terminate the Agreement;8.6.2Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;8.6.3Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or8.6.4Charge 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. 73 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 15 of 22

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.Section 10. MISCELLANEOUS PROVISIONS.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, each party shall bear its own legal costs and expenses, including, without limitation, attorneys’ fees, court costs, and any other costs incurred in connection with the negotiation, execution, performance, or enforcement of this Agreement.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 74 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 16 of 22 Alameda or in the United States District Court for the Northern District of California.10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any 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 75 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 17 of 22 Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.10.10 Notices. Any written notice to Consultant shall be sent to: Ian Machan344 Thomas L. Berkley Way, Suite #302COakland, California 94612Any written notice to City shall be sent to:City of Dublin Att: City Engineer100 Civic PlazaDublin, CA 9456810.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits 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 Expenses10.12 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 76 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 18 of 22 accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.10.14 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq.A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.B. WAGES:
77 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 19 of 22 i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the 78 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 20 of 22 provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.c. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:a. The information contained in the payroll record is true and correct.b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. 79 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 21 of 22 The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.SIGNATURES ON FOLLOWING PAGE 80 Consulting Services Agreement between City of Dublin and October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesPage 22 of 22 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.CITY OF DUBLIN CONSOR PMCM, INC.Colleen Tribby, City Manager Ian Machan, Executive Vice PresidentAttest:Consultant’s DIR Registration Number(if applicable)Marsha Moore, City ClerkApproved as to Form:City Attorney 81 Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesExhibit A – Page 1 of 9 EXHIBIT ASCOPE OF SERVICESThe Scope of Services is intended as a guide to illustrate the minimum project requirements. The Construction Management Team will provide professional and technical services to manage the construction and inspection for the assigned project under the supervision of the City of Dublin. The Consultant selected shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete the project.Services During Pre-Construction:The Construction Manager will assist City Staff in the following:1. Perform a review (constructability and biddability) of the construction documents issued to the City for review and provide recommendations regarding feasibility of construction methods, current availability of materials and labor and time requirements for procurement. Identify materials or services which may have a long lead time and could impact the project. Provide written comments to the City for incorporation into the bid documents by addendum if necessary. 2. Work with the City to develop strategies to generate market interest in the Project.3. Take the lead in managing the bid process including receiving bidder’s questions, distributing information to the City and design consultant, issuing bid addendums, analyzing bids and ultimately make a recommendation of award to the City Project Manager. Provide documentation and substantiation to allow Staff to gain City Council approval of award.4. Maintain an electronic project management filing system and potentially on the City’s network using the Microsoft Office Suite.5. Work with and provide project specific construction recommendations to the design team. Review and provide comments on the construction logistics plans produced by the design team.Services During Construction:The Construction Manager will represent the City during construction of the project. The Construction Manager will perform the following specific services:1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper communication and progress of the project. Act as liaison to the City through the City’s Project Manager. 2. Schedule, direct, and supervise the Project Inspector. 82 Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesExhibit A – Page 2 of 9

3. Coordinate all required testing services and review testing reports and materials testing personnel.4. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule. 5. Review, evaluate, and furnish recommendations to the City regarding contractor’s performance, construction schedule, and any other matters related to compliance with the contract, including the Community Workforce Agreement.6. Provide a daily log of events and activities, so as to secure the City’s interests and monitor work accomplished in accordance with the contract.7. Review, track, and assist in the preparation of responses to Contractor RFIs. 8. Review, track, and assist in the review of Contractor submittals, including obtaining Building Permits as necessary. 9. Review and track certificates of compliance and product submittals for conformance to the project Special Provisions and/or Caltrans Standard Specifications and Plans.10.Provide a monthly update outlining project status, schedule, submittals, RFIs, and change order issues. Include pertinent photos or supporting documents. The report should include an analysis of any potential delays and their actual relevance. The report should be suitably formatted to share with the City Manager’s Office.11.Issue Weekly Statement of Days Charged.12.Review and furnish contract correspondence, minutes of meetings, and directives to be issued to secure the interests of the City.13.Review and make recommendations regarding payments to contractor including Change Orders, when applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope.14.Attend all construction-related site meetings with the City’s representatives, contractors, and other meetings between related parties as required. Maintain separate notes on such meetings. 15.Verify that the Contractor complies with the requirement of the project’s water pollution control and staff the project with the required personal and submit necessary documentation to the SMART system.16.Assist the Design Consultant’s Team to ensure compliance with the project’s various environmental requirements and permits.17.Assist with providing any information to the City Departments as required, including any requested tours of the construction site. 83 Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesExhibit A – Page 3 of 9

18.Monitor contractor’s construction activities to ensure the General Contractor provides proper planning and coordination of work crews and of subcontractors for the execution of the project work.19.Identify potential claims and make recommendations to resolve them.20.Upon completion of the project work, provide a punch list review, and recommendation of Project Acceptance.21.Upon completion of the project work, review all of the Contractor’s final submittals to ensure their compliance with final project close-out requirements.22.The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor and inform the City.The Project Inspector will represent the City during construction and report to the Construction Manager or Inspector of Record or City Representative:1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans and Specifications.2. Perform the duties designated by the City’s Building Department Inspector or Inspector of Record for the project, as necessary.3. Provide inspector’s daily report of events, labor, equipment, and activities so as to secure the City’s interests and monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated into the report.4. Take digital photographs and digital video tape recordings of the construction progress on a regular basis, including pre-construction conditions within the project limits.5. Collect material tags and verify materials on site meet project specifications and project submittals.6. Maintain a redline set of as-built plans and specifications.7. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a quantity bid sheet for each bid item of work. 8. Assists the Construction Manager or City Representative in review and recommendation of progress payments.9. Track and document Time and Materials work issued to the Contractor.10.Work with the Construction Manager and other agencies and permit holders to issue a project punch-list. Post-Construction Services:
84 Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesExhibit A – Page 4 of 9

1. Provide marked up construction record drawings (as-built drawings) for designer completion.2. Coordinate and prepare final progress payment. 3. Provide final inspection services and project closeout activities including preparation of final construction project report and other documents required by City of Dublin, City Building Department or Authority having Jurisdiction and resolve all contractor claims if any. 4. Resolution of all contract issues, warranties, bonds, etc.5. Turn all construction documents over to the City of Dublin in electronic format and/or hard copy, as requested.6. Provide any necessary documentation to meet the requirements of grant funding.7. As necessary, assist the City with any warranty items or a warranty inspection in order to release the warranty bond.Special Inspection and Materials TestingThe Special Inspection firm shall be on the City of Dublin’s Building and Safety Division’s “Recognized Special Inspection & Testing Agency” (see “Special Inspection and Testing Agreement” form, which is available on the City of Dublin’s Building and Safety Division website at: https://ca-dublin2.civicplus.com/DocumentCenter/View/60/Special-Inspection-and-Testing-Agreement?bidId= listed in all categories or be able to be added to the list prior to execution of the Agreement.Laboratory shall be certified by the State of California to provide material testing for Federal Aid Projects.Field and Laboratory Compaction Testing using Caltrans and ASTM methods.Plant inspection.Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar, Conduit, Cables, etc.).Public Works Inspection, as needed.Firms will be required to sign and comply with the requirements of the City of Dublin Building and Safety Division’s “Special Inspection and Testing Agreement” for projects or project components issued a Building Permit.Project Description:Below is a list of potential projects from the City of Dublin’s Adopted Five-Year Capital Improvement Program 2024-2029 Update that the City anticipates proceeding with construction during the duration of the agreement. 85 Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesExhibit A – Page 5 of 9 Resiliency and Disaster Preparedness/Storm Damage Repair Projects, including slide repairs, creek bank reconstruction, trash rack repair, creek channel debris removal, etc.Iron Horse Nature Park and Open Space, future phasesGreen Stormwater Infrastructure, including Trash Capture Devices InstallationVillage Parkway Reconstruction and Complete StreetsCitywide Energy Improvements, including Civic Center solar PV canopies, battery energy storage system, generator replacement, etc.Electric Vehicle Charging StationsFacilities Parking Lot ResurfacingAnnual Street Resurfacing, including slurry seals, cape seals, overlays, etc.Citywide Bicycle and Pedestrian Improvements, including Safe Routes to SchoolKolb Park RenovationRestrooms ReplacementSports Courts ResurfacingCitywide Signal Communications UpgradeStreet Light Pole PaintingOther projects listed in the 2024-2029 CIP Update and subsequently adopted Five-Year CIPs through the duration of the agreement. Additionally, the selected firm will be available on an on-call basis for the following services:Biddability and constructability reviews for various capital improvements projectsAs-needed inspection services for various Public Works permits, such as encroachment permits, grading permits, and development inspection 86 Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesExhibit A – Page 6 of 9 Performance Measures:Deliverables1. Construction documentation reviewProvide recommendations to Public Works Director, City Engineer, or designee within ten (10) business days of receipt of requested construction documentation review. 2. Monthly Summary ReportAs requested by the Public Works Department on specific projects, reports shall be submitted to the Public Works Department with invoices each month and must include:oContract value, working days, project budget data, and estimated percentage complete of major construction tasks. oUpdates outlining project status, schedule, submittals, and RFIs oChange order recommendations, meeting minutes, agendas, and Inspector daily reportsoPertinent photos, supporting documents, and an analysis of any potential delays and their actual relevanceoSummary of completed activities, on-going activities, and open/unresolved items The report should be suitably formatted to share with the City Manager’s Office.3. Construction Record DrawingsProvide marked-up as-built drawings to the Public Works Department with ten (10) business of receipt of request from Public Works Department. 4. Final Construction Project ReportReports shall be submitted to the Public Works Department within twenty (20) business days of completion and must include:All construction documents, grant records, and warranty documentation.If the Consultant is unable to meet the timelines or requirements set forth in Exhibit A, the City will provide written comments outlining the deficient deliverables and will, in good faith, meet and discuss with the Consultant regarding their performance to understand the circumstances and collaboratively identify a resolution. If performance issues persist, and the City can reasonably demonstrate that such issues are due to the Consultant’s actions or omissions, the City may, (i) temporarily withhold payment for the specific deliverables in question until they are satisfactorily completed and accepted, or (ii) request that the Consultant re-perform the services at no additional cost. Repeated and material failure to meet agreed-upon performance measures, after reasonable opportunity to cure and upon substantiated fault of the Consultant, may constitute grounds for termination for cause. 87 Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesExhibit A – Page 7 of 9 COMPENSATION SCHEDULE & REIMBURSABLE EXPENSESCONSOR PMCM INC.Classification UnitsFY 2025-26Regular RateOvertime Rate(>8 hours/day or40 hours/week)Construction Manager/Resident EngineerRate/Hour $219.78 – 296.80$219.78 – 296.80Assistant Resident Engineer Rate/Hour $196.64 – 219.78$294.96 – 329.67Construction Inspector Rate/Hour $173.50 – 196.64$260.25 – 294.96Office Engineer Rate/Hour $138.80 – 173.50$208.20 – 260.25Claims Support Rate/Hour $219.78 – 296.80$219.78 – 296.80NOTES: 1. Work on Saturdays, OT rate for employees only after 40 hours for the week and double time for hours worked over 12 for the day. For Sundays & Holidays, OT rate for employees only after 40 hours for the week, but double time after 8 hours for the day.REIMBURSEMENTS: Any special requests from the Client, such as reproduction or specialty sub-consultants, will be billed directly, with supporting invoices.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] 88 Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesExhibit A – Page 8 of 9 BSK ASSOCIATES – SCHEDULE OF FEES – JULY 1, 2025 TO JUNE 30, 2026PROFESSIONAL STAFFPrincipal $314.00 Seismic GIS $243.00Senior Professional $276.00 GIS Specialist $210.00Project Professional II $259.00 Information Specialist II $198.00Project Professional I $221.00 Information Specialist I $176.00Staff Professional II $193.00 CAD $132.00Staff Professional I $171.00 Litigation support 1.5x standard rateProject Administrator $122.00 Deposition / Trial 2.0x standard rateAdministrative Assistant / Clerical$110.00– TECHNICAL STAFF FIELD & LABORATORY (NON-PREVAILING WAGE)Non-Destructive Inspection/Testing$182.00Basis of Charges for Field Technician ServicesSpecial Inspector $154.00 Field Work from 0 to 4 hoursBill 4 hoursEngineering Technician $149.00 Field Work from 4 to 8 hoursBill 8 hoursTechnician $144.00Field Work over 8 hours / SaturdaysBill time and a halfGround Penetrating Radar Scanning Technician$348.00 Sundays, holidays and over 12 hoursBill double timeCore Drilling Technician $270.00 Night Shift (shift commencing after 2pm / before 4amBase Rate x 12.5%Floor Flatness Testing Technician$232.00Show-up time (no work performed)Bill 2 hoursSample Pickup / Transportation / Delivery$132.00 Sampling or cylinder pickup, minimum chargeBill 2 hoursLaboratory Technician $144.00NORTHERN CA PREVAILING WAGE LABOR RATESGroup 1 – Special Inspector $198.00Basis of Charges for Field Technician ServicesGroup 2 – Special Inspector $188.00 Field Work from 0 to 4 hoursBill 4 hoursGroup 3 – Engineering Technician$167.00 Field Work from 4 to 8 hoursBill 8 hoursGroup 3 – Geotechnical Professional$204.00Field Work over 8 hours / SaturdaysBill time and a halfGroup 3 – Environmental Professional$204.00Sundays, holidays and over 12 hoursBill double time 89 Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Consor PMCM, Inc. for Construction Management and Inspection ServicesExhibit A – Page 9 of 9 Group 4 – Technician $146.00 Night Shift (shift commencing after 2pm / before 4am)Base Rate x 12.5%Show-up time (no work performed)Bill 2 hoursSampling or cylinder pickup, minimum chargeBill 2 hoursREIMBURSABLESMileage – 2x4 (Portal to Portal)IRS RateParking Fees At CostMileage – 4x4 (Portal to Portal)IRS RatePer Diem (as required) GSA RateBridge Toll At Cost Subconsultant Services At Cost 90 Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 1 of 22 CONSULTING SERVICES AGREEMENT BETWEENTHE CITY OF DUBLIN ANDGFT, INFRASTRUCTURE INC.FORCONSTRUCTION MANAGEMENT AND INSPECTION SERVICESTHIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and GFT, Infrastructure Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of October 7, 2025 (the “Effective Date”).Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 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. 91 Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 2 of 22

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works. 1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,000,000, 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 92 Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 3 of 22 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:oDaily logs of total hours worked by each individual performing work under this AgreementoHours must be logged in increments of tenths of an hour or quarter houroIf this Agreement covers multiple projects, all hours must also be logged by project assignmentoA brief description of the work, and each reimbursable expenseThe 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. 93 Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 4 of 22

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In 95 Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 6 of 22 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; andb. Waiver of Subrogation Endorsement as required by the section.4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.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 96 Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 7 of 22 Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:a. Certificate of Liability Insurance in the amounts specified in the section;b. Additional Insured Endorsement as required by the section;c. Waiver of Subrogation Endorsement as required by the section; andd. Primary Insurance Endorsement as required by the section.4.3 Professional Liability Insurance. 97 Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 8 of 22

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.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 98 Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 9 of 22 authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work 99 Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 10 of 22 and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/orTerminate this Agreement.Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement.With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. 100
Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 11 of 22 Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.Section 6. STATUS OF CONSULTANT.6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no 101
Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 12 of 22 authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.Section 7. LEGAL REQUIREMENTS.7.1 Governing Law. The laws of the State of California shall govern this Agreement.7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, 102
Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 13 of 22 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 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 103
Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 14 of 22 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:8.6.1Immediately terminate the Agreement;8.6.2Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;8.6.3Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or8.6.4Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS.9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or 104
Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 15 of 22 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. 105
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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. 106
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10.10 Notices. Any written notice to Consultant shall be sent to: John Collins1000 Burnett Avenue, Suite 445 Concord, CA 94520Any written notice to City shall be sent to:City of Dublin Att: City Engineer100 Civic PlazaDublin, CA 9456810.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits 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 Expenses10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.10.14 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq.A. HOURS OF WORK:
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Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 18 of 22 i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.B. WAGES:i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the 108
Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 19 of 22 specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.c. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the 109
Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 20 of 22 services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:a. The information contained in the payroll record is true and correct.b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director 110
Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 21 of 22 of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.SIGNATURES ON FOLLOWING PAGE 111
Consulting Services Agreement between City of Dublin and October 7, 2025GFT, Infrastructure Inc. for Construction Management and Inspection ServicesPage 22 of 22 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.CITY OF DUBLIN GFT, INFRASTRUCTURE INC.Colleen Tribby, City Manager John Collins, Vice PresidentAttest:Consultant’s DIR Registration Number(if applicable)Marsha Moore, City ClerkApproved as to Form:City Attorney 112
Consulting Services Agreement between City of Dublin and October 7, 2025GFT Infrastructure Inc. for Construction Management and Inspection ServicesExhibit A – Page 1 of 9 EXHIBIT ASCOPE OF SERVICESThe Scope of Services is intended as a guide to illustrate the minimum project requirements. The Construction Management Team will provide professional and technical services to manage the construction and inspection for the assigned project under the supervision of the City of Dublin. The Consultant selected shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete the project.Services During Pre-Construction:The Construction Manager will assist City Staff in the following:1. Perform a review (constructability and biddability) of the construction documents issued to the City for review and provide recommendations regarding feasibility of construction methods, current availability of materials and labor and time requirements for procurement. Identify materials or services which may have a long lead time and could impact the project. Provide written comments to the City for incorporation into the bid documents by addendum if necessary. 2. Work with the City to develop strategies to generate market interest in the Project.3. Take the lead in managing the bid process including receiving bidder’s questions, distributing information to the City and design consultant, issuing bid addendums, analyzing bids and ultimately make a recommendation of award to the City Project Manager. Provide documentation and substantiation to allow Staff to gain City Council approval of award.4. Maintain an electronic project management filing system and potentially on the City’s network using the Microsoft Office Suite.5. Work with and provide project specific construction recommendations to the design team. Review and provide comments on the construction logistics plans produced by the design team.Services During Construction:The Construction Manager will represent the City during construction of the project. The Construction Manager will perform the following specific services:1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper communication and progress of the project. Act as liaison to the City through the City’s Project Manager. 2. Schedule, direct, and supervise the Project Inspector.3. Coordinate all required testing services and review testing reports and materials testing personnel. 113
Consulting Services Agreement between City of Dublin and October 7, 2025GFT Infrastructure Inc. for Construction Management and Inspection ServicesExhibit A – Page 2 of 9

4. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule. 5. Review, evaluate, and furnish recommendations to the City regarding contractor’s performance, construction schedule, and any other matters related to compliance with the contract, including the Community Workforce Agreement.6. Provide a daily log of events and activities, so as to secure the City’s interests and monitor work accomplished in accordance with the contract.7. Review, track, and assist in the preparation of responses to Contractor RFIs. 8. Review, track, and assist in the review of Contractor submittals, including obtaining Building Permits as necessary. 9. Review and track certificates of compliance and product submittals for conformance to the project Special Provisions and/or Caltrans Standard Specifications and Plans.10.Provide a monthly update outlining project status, schedule, submittals, RFIs, and change order issues. Include pertinent photos or supporting documents. The report should include an analysis of any potential delays and their actual relevance. The report should be suitably formatted to share with the City Manager’s Office.11.Issue Weekly Statement of Days Charged.12.Review and furnish contract correspondence, minutes of meetings, and directives to be issued to secure the interests of the City.13.Review and make recommendations regarding payments to contractor including Change Orders, when applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope.14.Attend all construction-related site meetings with the City’s representatives, contractors, and other meetings between related parties as required. Maintain separate notes on such meetings. 15.Verify that the Contractor complies with the requirement of the project’s water pollution control and staff the project with the required personal and submit necessary documentation to the SMART system.16.Assist the Design Consultant’s Team to ensure compliance with the project’s various environmental requirements and permits.17.Assist with providing any information to the City Departments as required, including any requested tours of the construction site.18.Monitor contractor’s construction activities to ensure the General Contractor provides proper planning and coordination of work crews and of subcontractors for the execution of the project work. 114
Consulting Services Agreement between City of Dublin and October 7, 2025GFT Infrastructure Inc. for Construction Management and Inspection ServicesExhibit A – Page 3 of 9

19.Identify potential claims and make recommendations to resolve them.20.Upon completion of the project work, provide a punch list review, and recommendation of Project Acceptance.21.Upon completion of the project work, review all of the Contractor’s final submittals to ensure their compliance with final project close-out requirements.22.The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor and inform the City.The Project Inspector will represent the City during construction and report to the Construction Manager or Inspector of Record or City Representative:1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans and Specifications.2. Perform the duties designated by the City’s Building Department Inspector or Inspector of Record for the project, as necessary.3. Provide inspector’s daily report of events, labor, equipment, and activities so as to secure the City’s interests and monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated into the report.4. Take digital photographs and digital video tape recordings of the construction progress on a regular basis, including pre-construction conditions within the project limits.5. Collect material tags and verify materials on site meet project specifications and project submittals.6. Maintain a redline set of as-built plans and specifications.7. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a quantity bid sheet for each bid item of work. 8. Assists the Construction Manager or City Representative in review and recommendation of progress payments.9. Track and document Time and Materials work issued to the Contractor.10.Work with the Construction Manager and other agencies and permit holders to issue a project punch-list. Post-Construction Services:1. Provide marked up construction record drawings (as-built drawings) for designer completion.2. Coordinate and prepare final progress payment. 115
Consulting Services Agreement between City of Dublin and October 7, 2025GFT Infrastructure Inc. for Construction Management and Inspection ServicesExhibit A – Page 4 of 9

3. Provide final inspection services and project closeout activities including preparation of final construction project report and other documents required by City of Dublin, City Building Department or Authority having Jurisdiction and resolve all contractor claims if any. 4. Resolution of all contract issues, warranties, bonds, etc.5. Turn all construction documents over to the City of Dublin in electronic format and/or hard copy, as requested.6. Provide any necessary documentation to meet the requirements of grant funding.7. As necessary, assist the City with any warranty items or a warranty inspection in order to release the warranty bond.Special Inspection and Materials TestingThe Special Inspection firm shall be on the City of Dublin’s Building and Safety Division’s “Recognized Special Inspection & Testing Agency” (see “Special Inspection and Testing Agreement” form, which is available on the City of Dublin’s Building and Safety Division website at: https://ca-dublin2.civicplus.com/DocumentCenter/View/60/Special-Inspection-and-Testing-Agreement?bidId= listed in all categories or be able to be added to the list prior to execution of the Agreement.Laboratory shall be certified by the State of California to provide material testing for Federal Aid Projects.Field and Laboratory Compaction Testing using Caltrans and ASTM methods.Plant inspection.Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar, Conduit, Cables, etc.).Public Works Inspection, as needed.Firms will be required to sign and comply with the requirements of the City of Dublin Building and Safety Division’s “Special Inspection and Testing Agreement” for projects or project components issued a Building Permit.Project Description:Below is a list of potential projects from the City of Dublin’s Adopted Five-Year Capital Improvement Program 2024-2029 Update that the City anticipates proceeding with construction during the duration of the agreement.Resiliency and Disaster Preparedness/Storm Damage Repair Projects, including slide repairs, creek bank reconstruction, trash rack repair, creek channel debris removal, etc.Iron Horse Nature Park and Open Space, future phasesGreen Stormwater Infrastructure, including Trash Capture Devices InstallationVillage Parkway Reconstruction and Complete Streets 116
Consulting Services Agreement between City of Dublin and October 7, 2025GFT Infrastructure Inc. for Construction Management and Inspection ServicesExhibit A – Page 5 of 9 Citywide Energy Improvements, including Civic Center solar PV canopies, battery energy storage system, generator replacement, etc.Electric Vehicle Charging StationsFacilities Parking Lot ResurfacingAnnual Street Resurfacing, including slurry seals, cape seals, overlays, etc.Citywide Bicycle and Pedestrian Improvements, including Safe Routes to SchoolKolb Park RenovationRestrooms ReplacementSports Courts ResurfacingCitywide Signal Communications UpgradeStreet Light Pole PaintingOther projects listed in the 2024-2029 CIP Update and subsequently adopted Five-Year CIPs through the duration of the agreement. Additionally, the selected firm will be available on an on-call basis for the following services:Biddability and constructability reviews for various capital improvements projectsAs-needed inspection services for various Public Works permits, such as encroachment permits, grading permits, and development inspectionPerformance Measures:Deliverables1. Construction documentation reviewProvide recommendations to Public Works Director, City Engineer, or designee within ten (10) business days of receipt of requested construction documentation review. 2. Monthly Summary ReportAs requested by the Public Works Department on specific projects, reports shall be submitted to the Public Works Department with invoices each month and must include:oContract value, working days, project budget data, and estimated percentage complete of major construction tasks. oUpdates outlining project status, schedule, submittals, and RFIs oChange order recommendations, meeting minutes, agendas, and Inspector daily reportsoPertinent photos, supporting documents, and an analysis of any potential delays and their actual relevanceoSummary of completed activities, on-going activities, and open/unresolved items The report should be suitably formatted to share with the City Manager’s Office.3. Construction Record Drawings 117
Consulting Services Agreement between City of Dublin and October 7, 2025GFT Infrastructure Inc. for Construction Management and Inspection ServicesExhibit A – Page 6 of 9 Provide marked-up as-built drawings to the Public Works Department with ten (10) business of receipt of request from Public Works Department. 4. Final Construction Project ReportReports shall be submitted to the Public Works Department within twenty (20) business days of completion and must include:oAll construction documents, grant records, and warranty documentation.If the Consultant is unable to meet the timelines or requirements set forth in Exhibit A, the City will provide written comments outlining the deficient deliverables and will, in good faith, meet and discuss with the Consultant regarding their performance to understand the circumstances and collaboratively identify a resolution. If performance issues persist, and the City can reasonably demonstrate that such issues are due to the Consultant’s actions or omissions, the City may, (i) temporarily withhold payment for the specific deliverables in question until they are satisfactorily completed and accepted, or (ii) request that the Consultant re-perform the services at no additional cost. Repeated and material failure to meet agreed-upon performance measures, after reasonable opportunity to cure and upon substantiated fault of the Consultant, may constitute grounds for termination for cause. 118
Consulting Services Agreement between City of Dublin and October 7, 2025GFT Infrastructure Inc. for Construction Management and Inspection ServicesExhibit A – Page 7 of 9 COMPENSATION SCHEDULE & REIMBURSABLE EXPENSESGFT - Construction Management and Inspection Rate SheetCLASSIFICATION FY25-26 RatesPrincipal $315 - $360Project/Contract Manager $255 - $300Construction Manager $210 - $260Assistant CM $200 - $230Inspector* $195 - $225Senior Inspector* $200 - $230Office Engineer/Contract Administrator $155 - $185Project Controls/Scheduler $250 - $285Administrative Assistant $115 - $160* Construction Inspector Rates shown are proposed for straight-time work within the following Counties: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba counties. These rates meet or exceed the General Prevailing Wage Determination by the Director of Industrial Relations Pursuant to CA Labor Code. Overtime hourly rates will be applied and billed in accordance with the Prevailing Wage Determination. GFT – Other Direct CostsDescription of Items Unit Unit CostLong-Distance Travel1. Prevailing Wage Travel/Subsistence (if applicable, at DIR Rate)Day $120.002. Airfare EA Actual3. Rental Vehicle EA Actual4. Per Diem EA IRS Rate5. Lodging EA IRS RateProject Local Travel1. Company Vehicle ($1,459.76/mo, pro-rated) Hour $8.422. Personal Vehicles (mileage, at IRS Rate) Mile $0.70Document Control Software1. ProCore (if used) Month $500.00 119
Consulting Services Agreement between City of Dublin and October 7, 2025GFT Infrastructure Inc. for Construction Management and Inspection ServicesExhibit A – Page 8 of 9 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] BSK Associates Schedule of Fees July 1, 2025, to June 30, 2026Escalation: The prices noted below are subject to an increase of 3% annually, effective July 1 of each year following the initiation of a services agreement. Prevailing wage rate increase would be proportionate to the DIR prescribed increases per determination schedule NC-63-3-9-2025-2.PROFESSIONAL STAFFPrincipal $ 314.00Seismic GIS $ 243.00Senior Professional / Senior Associate$ 276.00GIS Specialist $ 210.00Project Professional II / Associate II$ 259.00Information Specialist II $ 198.00Project Professional I / Associate I $ 221.00Information Specialist I $ 176.00Staff Professional III $193.00 CAD $ 132.00Staff Professional II $ 171.00Litigation support 1.5x standard rateStaff Professional I $ 155.00Deposition / Trial 2.0x standard rateProject Administrator / Project Controls Specialist$ 122.00Administrative Assistant / Dispatcher$ 110.00TECHNICAL STAFF - FIELD AND LABORATORY (NON-PREVAILING WAGE)Non-Destructive Inspection/Testing$ 175.00BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICESSpecial Inspector $ 158.00Field Work from 0 to 4 hours Bill 4 hoursEngineering Technician $ 144.00Field Work from 4 to 8 hours Bill 8 hoursTechnician $ 139.00Field Work over 8 hours / Saturdays Bill time and a halfGround Penetrating Radar Scanning Technician$ 348.00Sundays, holidays and over 12 hoursBill double timeCore Drilling Technician $ 270.00Night Shift (Shift commencing after 2pm / before 4am)Base Rate x 12.5%Floor Flatness Testing Technician $ 232.00Show-up time (no work performed) Bill 2 hoursSample Pickup / Transportation / Delivery$ 132.00Sampling or cylinder pickup, minimum chargeBill 2 hoursLaboratory Technician $ 128.00NORTHERN CA PREVAILING WAGE LABOR RATESGroup 1 - Special Inspector $ 205.00BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES 120
Consulting Services Agreement between City of Dublin and October 7, 2025GFT Infrastructure Inc. for Construction Management and Inspection ServicesExhibit A – Page 9 of 9 Group 2 - Special Inspector $ 200.00Field Work from 0 to 4 hours Bill 4 hoursGroup 3 - Engineering Technician $ 175.00Field Work from 4 to 8 hours Bill 8 hoursGroup 3 - Geotechnical Professional$ 215.00Field Work over 8 hours / Saturdays Bill time and a halfGroup 3 - Environmental Professional$ 215.00Sundays, holidays and over 12 hoursBill double timeGroup 4 - Technician $ 155.00Night Shift (Shift commencing after 2pm / before 4am)Base Rate x 12.5%Show-up time (no work performed) Bill 2 hoursSampling or cylinder pickup, minimum chargeBill 2 hoursSOUTHERN CA PREVAILING WAGE LABOR RATESGroup 1 - Geotechnical Professional$ 225.00BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICESGroup 1 - Environmental Professional$ 225.00Field Work from 0 to 4 hours Bill 4 hoursGroup 1 - Technician $ 205.00Field Work from 4 to 8 hours Bill 8 hoursGroup 2 - Special Inspector $ 210.00Field Work over 8 hours / Saturdays Bill time and a halfGroup 3 - Non-Destructive Testing (NDT)$ 215.00Sundays, holidays and over 12 hoursBill double timePremium Shift (Weekday work before 6am / after 5pm)Bill time and a halfShow-up time (no work performed) Bill 2 hoursSampling or cylinder pickup, minimum chargeBill 2 hoursREIMBURSABLESProject Administration Fees7% of Invoice DIR Administration Fees 3% of InvoiceMileage - 2x4 (Portal to Portal)$ 1.00 Certified Payroll / DIR Upload (Monthly) $300.00Mileage - 4x4 (Portal to Portal)$ 2.00Non-Performance Certified Payroll / DIR Upload (Monthly)$100.00Bridge Toll Cost + 15%Subcontractor Management / Compliance Forms (Monthly)$100.00Parking Fees Cost + 15%Additional LCP Tracker or Other Compliance Software (Monthly)$200.00Per Diem (as required)Quote / $250 min.Additional Special Forms, as required (Monthly)$150.00Subconsultant Services Cost + 15% Project Setup (Project) $550.00 121
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 1 of 18 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MNS ENGINEERS, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (City) and MNS Engineers, Inc. (MNS) (Consultant) (together sometimes referred to as the Parties) as of October 7, 2025 (the Effective Date). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 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 Citys 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 Citys 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 generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 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 Consultants obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work, the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, 122
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 2 of 18 Consultant is required to comply with the provisions of the California Labor Code applicable to public works. 1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,000,000, notwithstanding any contrary indications that may be contained in Consultants 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 Consultants 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 Consultants 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; 123
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 3 of 18 A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; The Consultants 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. 124
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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 Consultants use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF 125
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 5 of 18 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 Employers Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers Compensation Insurance and Employers Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles. 126
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4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an occurrence basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Consultants 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 Consultants 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 127
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 7 of 18 not less than $2,000,000 covering the licensed professionals errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 All Policies Requirements. 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultants obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee 128
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 8 of 18 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 (except Professional Liability) 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 except for cancellation for non-payment of premium whereby a 10-day notice shall apply. 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 Consultants 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 CONSULTANTS RESPONSIBILITIES. Consultant agrees to, 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, to the extent 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 Consultants work under this Agreement. With respect to those claims arising from a professional error or omission, Consultant agrees to defend to the extent, 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 129
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 9 of 18 omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultants 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 Consultants services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultants proportionate percentage fault. Consultant shall indemnify, defend with counsel reasonably 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, reasonably attorneys fees and costs and fees of litigation) (collectively, Liability) of every nature to the extent arising out of or in connection with Consultants 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 Consultants obligation to defend and indemnify shall not be excused because of the Consultants 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 Citys business; and is customarily engaged in an independently established trade, occupation, or business of the 130
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 10 of 18 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. Consultants 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 persons 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 131
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 11 of 18 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 Consultants 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. 132
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and 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, Citys 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 Consultants Performance. Except for Consultant's pre-existing intellectual property all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultants 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 133
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 13 of 18 the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a conflict of interest, as that term is 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 134
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 14 of 18 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 Citys sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultants economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Greg Chelini 201 N. Calle Cesar Chavez, Ste. 300 Santa Barbara, CA 93105 Any written notice to City shall be sent to: City of Dublin Att: City Engineer 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A 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 135
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 15 of 18 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 Consultants signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. 10.14 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq. A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal days work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. B. WAGES: i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and 136
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 16 of 18 subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractors certified payroll records. c. Upon becoming aware of a subcontractors failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the 137
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection Services Page 17 of 18 performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employers employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. SIGNATURES ON FOLLOWING PAGE 138
Consulting Services Agreement between City of Dublin and October 7, 2025 MNS for Construction Management and Inspection 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 MNS ENGINEERS, INC. Colleen Tribby, City Manager Greg Chelini, Vice President Attest: Consultants DIR Registration Number (if applicable) Marsha Moore, City Clerk Approved as to Form: City Attorney 139
Consulting Services Agreement between City of Dublin and Last revised October 7, 2025 MNS for Construction Management and Inspection Services Exhibit A Page 1 of 6 EXHIBIT A SCOPE OF SERVICES The Scope of Services is intended as a guide to illustrate the minimum project requirements. The Construction Management Team will provide professional and technical services to manage the construction and inspection for the assigned project under the supervision of the City of Dublin. The Consultant selected shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete the project. Services During Pre-Construction: The Construction Manager will assist City Staff in the following: 1. Perform a review (constructability and biddability) of the construction documents issued to the City for review and provide recommendations regarding feasibility of construction methods, current availability of materials and labor and time requirements for procurement. Identify materials or services which may have a long lead time and could impact the project. Provide written comments to the City for incorporation into the bid documents by addendum if necessary. 2. Work with the City to develop strategies to generate market interest in the Project. 3. Take the lead in managing the bid process including receiving bidders questions, distributing information to the City and design consultant, issuing bid addendums, analyzing bids and ultimately make a recommendation of award to the City Project Manager. Provide documentation and substantiation to allow Staff to gain City Council approval of award. 4. Maintain an electronic project management filing system and potentially on the Citys network using the Microsoft Office Suite. 5. Work with and provide project specific construction recommendations to the design team. Review and provide comments on the construction logistics plans produced by the design team. Services During Construction: The Construction Manager will represent the City during construction of the project. The Construction Manager will perform the following specific services: 1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper communication and progress of the project. Act as liaison to the City through the Citys Project Manager. 2. Schedule, direct, and supervise the Project Inspector. 3. Coordinate all required testing services and review testing reports and materials testing personnel. 4. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule. 5. Review, evaluate, and furnish recommendations to the City regarding contractors performance, construction schedule, and any other matters related to compliance with the contract, including the Community Workforce Agreement. 140
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6. Provide a daily log of events and activities, so as to secure the Citys interests and monitor work accomplished in accordance with the contract. 7. Review, track, and assist in the preparation of responses to Contractor RFIs. 8. Review, track, and assist in the review of Contractor submittals, including obtaining Building Permits as necessary. 9. Review and track certificates of compliance and product submittals for conformance to the project Special Provisions and/or Caltrans Standard Specifications and Plans. 10. Provide a monthly update outlining project status, schedule, submittals, RFIs, and change order issues. Include pertinent photos or supporting documents. The report should include an analysis of any potential delays and their actual relevance. The report should be suitably formatted to share with the City Managers Office. 11. Issue Weekly Statement of Days Charged. 12. Review and furnish contract correspondence, minutes of meetings, and directives to be issued to secure the interests of the City. 13. Review and make recommendations regarding payments to contractor including Change Orders, when applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope. 14. Attend all construction-related site meetings with the Citys representatives, contractors, and other meetings between related parties as required. Maintain separate notes on such meetings. 15. Verify that the Contractor complies with the requirement of the projects water pollution control and staff the project with the required personal and submit necessary documentation to the SMART system. 16. Assist the Design Consultants Team to ensure compliance with the projects various environmental requirements and permits. 17. Assist with providing any information to the City Departments as required, including any requested tours of the construction site. 18. Monitor contractors construction activities to ensure the General Contractor provides proper planning and coordination of work crews and of subcontractors for the execution of the project work. 19. Identify potential claims and make recommendations to resolve them. 20. Upon completion of the project work, provide a punch list review, and recommendation of Project Acceptance. 21. Upon completion of the project work, review all of the Contractors final submittals to ensure their compliance with final project close-out requirements. 22. The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor and inform the City. 141
Consulting Services Agreement between City of Dublin and Last revised October 7, 2025 MNS for Construction Management and Inspection Services Exhibit A Page 3 of 6 The Project Inspector will represent the City during construction and report to the Construction Manager or Inspector of Record or City Representative: 1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans and Specifications. 2. Perform the duties designated by the Citys Building Department Inspector or Inspector of Record for the project, as necessary. 3. Provide inspectors daily report of events, labor, equipment, and activities so as to secure the Citys interests and monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated into the report. 4. Take digital photographs and digital video tape recordings of the construction progress on a regular basis, including pre-construction conditions within the project limits. 5. Collect material tags and verify materials on site meet project specifications and project submittals. 6. Maintain a redline set of as-built plans and specifications. 7. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a quantity bid sheet for each bid item of work. 8. Assists the Construction Manager or City Representative in review and recommendation of progress payments. 9. Track and document Time and Materials work issued to the Contractor. 10. Work with the Construction Manager and other agencies and permit holders to issue a project punch-list. Post-Construction Services: 1. Provide marked up construction record drawings (as-built drawings) for designer completion. 2. Coordinate and prepare final progress payment. 3. Provide final inspection services and project closeout activities including preparation of final construction project report and other documents required by City of Dublin, City Building Department or Authority having Jurisdiction and resolve all contractor claims if any. 4. Resolution of all contract issues, warranties, bonds, etc. 5. Turn all construction documents over to the City of Dublin in electronic format and/or hard copy, as requested. 6. Provide any necessary documentation to meet the requirements of grant funding. 7. As necessary, assist the City with any warranty items or a warranty inspection in order to release the warranty bond. Special Inspection and Materials Testing The Special Inspection firm shall be on the City of Dublins Building and Safety Divisions Recognized Special Inspection & Testing Agency (see Special Inspection and Testing Agreement form, which is available on 142
Consulting Services Agreement between City of Dublin and Last revised October 7, 2025 MNS for Construction Management and Inspection Services Exhibit A Page 4 of 6 the City of Dublins Building and Safety Division website at: https://ca-dublin2.civicplus.com/DocumentCenter/View/60/Special-Inspection-and-Testing-Agreement?bidId=listed in all categories or be able to be added to the list prior to execution of the Agreement. Laboratory shall be certified by the State of California to provide material testing for Federal Aid Projects. Field and Laboratory Compaction Testing using Caltrans and ASTM methods. Plant inspection. Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar, Conduit, Cables, etc.). Public Works Inspection, as needed. Firms will be required to sign and comply with the requirements of the City of Dublin Building and Safety Divisions Special Inspection and Testing Agreement for projects or project components issued a Building Permit. Project Description: Below is a list of potential projects from the City of Dublins Adopted Five-Year Capital Improvement Program 2024-2029 Update that the City anticipates proceeding with construction during the duration of the agreement. Resiliency and Disaster Preparedness/Storm Damage Repair Projects, including slide repairs, creek bank reconstruction, trash rack repair, creek channel debris removal, etc. Iron Horse Nature Park and Open Space, future phases Green Stormwater Infrastructure, including Trash Capture Devices Installation Village Parkway Reconstruction and Complete Streets Citywide Energy Improvements, including Civic Center solar PV canopies, battery energy storage system, generator replacement, etc. Electric Vehicle Charging Stations Facilities Parking Lot Resurfacing Annual Street Resurfacing, including slurry seals, cape seals, overlays, etc. Citywide Bicycle and Pedestrian Improvements, including Safe Routes to School Kolb Park Renovation Restrooms Replacement Sports Courts Resurfacing Citywide Signal Communications Upgrade Street Light Pole Painting Other projects listed in the 2024-2029 CIP Update and subsequently adopted Five-Year CIPs through the duration of the agreement. Additionally, the selected firm will be available on an on-call basis for the following services: Biddability and constructability reviews for various capital improvements projects As-needed inspection services for various Public Works permits, such as encroachment permits, grading permits, and development inspection 143
Consulting Services Agreement between City of Dublin and Last revised October 7, 2025 MNS for Construction Management and Inspection Services Exhibit A Page 5 of 6 Performance Measures: Deliverables 1. Construction documentation review Provide recommendations to Public Works Director, City Engineer, or designee within ten (10) business days of receipt of requested construction documentation review. 2. Monthly Summary Report As requested by the Public Works Department on specific projects, reports shall be submitted to the Public Works Department with invoices each month and must include: o Contract value, working days, project budget data, and estimated percentage complete of major construction tasks. o Updates outlining project status, schedule, submittals, and RFIs o Change order recommendations, meeting minutes, agendas, and Inspector daily reports o Pertinent photos, supporting documents, and an analysis of any potential delays and their actual relevance o Summary of completed activities, on-going activities, and open/unresolved items The report should be suitably formatted to share with the City Managers Office. 3. Construction Record Drawings Provide marked-up as-built drawings to the Public Works Department with ten (10) business of receipt of request from Public Works Department. 4. Final Construction Project Report Reports shall be submitted to the Public Works Department within twenty (20) business days of completion and must include: o All construction documents, grant records, and warranty documentation. If the Consultant is unable to meet the timelines or requirements set forth in Exhibit A, the City will provide written comments outlining the deficient deliverables and will, in good faith, meet and discuss with the Consultant regarding their performance to understand the circumstances and collaboratively identify a resolution. If performance issues persist, and the City can reasonably demonstrate that such issues are due to the Consultants actions or omissions, the City may, (i) temporarily withhold payment for the specific deliverables in question until they are satisfactorily completed and accepted, or (ii) request that the Consultant re-perform the services at no additional cost. Repeated and material failure to meet agreed-upon performance measures, after reasonable opportunity to cure and upon substantiated fault of the Consultant, may constitute grounds for termination for cause. 144
Consulting Services Agreement between City of Dublin and Last revised October 7, 2025 MNS for Construction Management and Inspection Services Exhibit A Page 6 of 6 COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES PROJECT/PROGRAM MANAGEMENT FY25-26 RATES Principal-In-Charge $375 Senior Project/Program Manager $340 Project/Program Manager $290 CONSTRUCTION MANAGEMENT FY25-26 RATESPrincipal Construction Manager $355 Senior Construction Manager $305 Senior Resident Engineer $295 Resident Engineer $275 Structure Representative $285 Construction Manager $245 Assistant Resident Engineer $225 Senior Construction Inspector $210 Construction Inspector (PW) $195 Office Administrator $155 DIRECT EXPENSES Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate. PREVAILING WAGE RATES Rates shown with Prevailing Wage (PW) annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR. OVERTIME Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate. Special Shift will be charged at regular rate plus $10/hour. 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] 145
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 1 of 21 CONSULTING SERVICES AGREEMENT BETWEENTHE CITY OF DUBLIN ANDPAKPOUR CONSULTING GROUPFORCONSTRUCTION MANAGEMENT AND INSPECTION SERVICESTHIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Pakpour Consulting Group (PCG) (“Consultant”) (together sometimes referred to as the “Parties”) as of October 7, 2025 (the “Effective Date”).Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 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 written 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. 146
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1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works. 1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,000,000, 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 147
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 3 of 21 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:oDaily logs of total hours worked by each individual performing work under this AgreementoHours must be logged in increments of tenths of an hour or quarter houroIf this Agreement covers multiple projects, all hours must also be logged by project assignmentoA brief description of the work, and each reimbursable expenseThe 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. 148
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2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of 149
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 5 of 21 this Agreement until receipt of authorization from the Contract Administrator.Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In 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. 150
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 6 of 21 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; andb. Waiver of Subrogation Endorsement as required by the section.4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.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. 151
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4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:a. Certificate of Liability Insurance in the amounts specified in the section;b. Additional Insured Endorsement as required by the section;c. Waiver of Subrogation Endorsement as required by the section; andd. 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 152
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 8 of 21 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.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. 153
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4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy. Except Professional Liability. 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/orTerminate this Agreement.Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. 154
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 10 of 21 Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement.With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.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 155
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 11 of 21 City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.Section 6. STATUS OF CONSULTANT.6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no 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 156
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 12 of 21 the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any applicable copyright, patent or trademark law. Consultant’s intentional failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.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. 157
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 13 of 21 Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.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:8.6.1Immediately terminate the Agreement; 158
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8.6.2Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;8.6.3Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or8.6.4Charge Consultant the difference between the reasonable cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS.9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request 159
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 15 of 21 of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.Section 10. MISCELLANEOUS PROVISIONS.10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is 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. 160
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 16 of 21 Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.10.10 Notices. Any written notice to Consultant shall be sent to: Joubin Pakpour6601 Owens Drive, Suite 230Pleasanton, CA 94588Any written notice to City shall be sent to:City of Dublin Att: City Engineer100 Civic PlazaDublin, CA 9456810.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A represents the entire and integrated 161
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 17 of 21 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 Expenses10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.10.14 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq.A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any 162
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 18 of 21 one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.B. WAGES:i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the 163
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 19 of 21 prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.c. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
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Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 20 of 21 a. The information contained in the payroll record is true and correct.b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.SIGNATURES ON FOLLOWING PAGE 165
Consulting Services Agreement between City of Dublin and October 7, 2025PCG for Construction Management and Inspection Services Page 21 of 21 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.CITY OF DUBLIN PAKPOUR CONSULTING GROUPColleen Tribby, City Manager Joubin Pakpour, PresidentAttest:Consultant’s DIR Registration Number(if applicable)Marsha Moore, City ClerkApproved as to Form:City Attorney 166
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025PCG for Construction Management and Inspection ServicesExhibit A – Page 1 of 7 EXHIBIT ASCOPE OF SERVICESThe Scope of Services is intended as a guide to illustrate the minimum project requirements. The Construction Management Team will provide professional and technical services to manage the construction and inspection for the assigned project under the supervision of the City of Dublin. The Consultant selected shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete the project.Services During Pre-Construction:The Construction Manager will assist City Staff in the following:1. Perform a review (constructability and biddability) of the construction documents issued to the City for review and provide recommendations regarding feasibility of construction methods, current availability of materials and labor and time requirements for procurement. Identify materials or services which may have a long lead time and could impact the project. Provide written comments to the City for incorporation into the bid documents by addendum if necessary. 2. Work with the City to develop strategies to generate market interest in the Project.3. Take the lead in managing the bid process including receiving bidder’s questions, distributing information to the City and design consultant, issuing bid addendums, analyzing bids and ultimately make a recommendation of award to the City Project Manager. Provide documentation and substantiation to allow Staff to gain City Council approval of award.4. Maintain an electronic project management filing system and potentially on the City’s network using the Microsoft Office Suite.5. Work with and provide project specific construction recommendations to the design team. Review and provide comments on the construction logistics plans produced by the design team.Services During Construction:The Construction Manager will represent the City during construction of the project. The Construction Manager will perform the following specific services:1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper communication and progress of the project. Act as liaison to the City through the City’s Project Manager. 2. Schedule, direct, and supervise the Project Inspector.3. Coordinate all required testing services and review testing reports and materials testing personnel. 167
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025PCG for Construction Management and Inspection ServicesExhibit A – Page 2 of 7

4. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule. 5. Review, evaluate, and furnish recommendations to the City regarding contractor’s performance, construction schedule, and any other matters related to compliance with the contract, including the Community Workforce Agreement.6. Provide a daily log of events and activities, so as to secure the City’s interests and monitor work accomplished in accordance with the contract.7. Review, track, and assist in the preparation of responses to Contractor RFIs. 8. Review, track, and assist in the review of Contractor submittals, including obtaining Building Permits as necessary. 9. Review and track certificates of compliance and product submittals for conformance to the project Special Provisions and/or Caltrans Standard Specifications and Plans.10.Provide a monthly update outlining project status, schedule, submittals, RFIs, and change order issues. Include pertinent photos or supporting documents. The report should include an analysis of any potential delays and their actual relevance. The report should be suitably formatted to share with the City Manager’s Office.11.Issue Weekly Statement of Days Charged.12.Review and furnish contract correspondence, minutes of meetings, and directives to be issued to secure the interests of the City.13.Review and make recommendations regarding payments to contractor including Change Orders, when applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope.14.Attend all construction-related site meetings with the City’s representatives, contractors, and other meetings between related parties as required. Maintain separate notes on such meetings. 15.Verify that the Contractor complies with the requirement of the project’s water pollution control and staff the project with the required personal and submit necessary documentation to the SMART system.16.Assist the Design Consultant’s Team to ensure compliance with the project’s various environmental requirements and permits.17.Assist with providing any information to the City Departments as required, including any requested tours of the construction site.18.Monitor contractor’s construction activities to ensure the General Contractor provides proper planning and coordination of work crews and of subcontractors for the execution of the project work. 168
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025PCG for Construction Management and Inspection ServicesExhibit A – Page 3 of 7

19.Identify potential claims and make recommendations to resolve them.20.Upon completion of the project work, provide a punch list review, and recommendation of Project Acceptance.21.Upon completion of the project work, review all of the Contractor’s final submittals to ensure their compliance with final project close-out requirements.22.The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor and inform the City.The Project Inspector will represent the City during construction and report to the Construction Manager or Inspector of Record or City Representative:1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans and Specifications.2. Perform the duties designated by the City’s Building Department Inspector or Inspector of Record for the project, as necessary.3. Provide inspector’s daily report of events, labor, equipment, and activities so as to secure the City’s interests and monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated into the report.4. Take digital photographs and digital video tape recordings of the construction progress on a regular basis, including pre-construction conditions within the project limits.5. Collect material tags and verify materials on site meet project specifications and project submittals.6. Maintain a redline set of as-built plans and specifications.7. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a quantity bid sheet for each bid item of work. 8. Assists the Construction Manager or City Representative in review and recommendation of progress payments.9. Track and document Time and Materials work issued to the Contractor.10.Work with the Construction Manager and other agencies and permit holders to issue a project punch-list. Post-Construction Services:1. Provide marked up construction record drawings (as-built drawings) for designer completion.2. Coordinate and prepare final progress payment. 169
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025PCG for Construction Management and Inspection ServicesExhibit A – Page 4 of 7

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works. 1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,000,000, 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 175
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 3 of 21 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:oDaily logs of total hours worked by each individual performing work under this AgreementoHours must be logged in increments of tenths of an hour or quarter houroIf this Agreement covers multiple projects, all hours must also be logged by project assignmentoA brief description of the work, and each reimbursable expenseThe 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. 176
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2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of 177
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 5 of 21 this Agreement until receipt of authorization from the Contract Administrator.Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In 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. 178
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 6 of 21 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; andb. Waiver of Subrogation Endorsement as required by the section.4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.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. 179
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4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:a. Certificate of Liability Insurance in the amounts specified in the section;b. Additional Insured Endorsement as required by the section;c. Waiver of Subrogation Endorsement as required by the section; andd. 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 180
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 8 of 21 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.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. 181
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7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.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. 185
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 13 of 21 Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.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 following8.6.1Immediately terminate the Agreement; 186
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8.6.2Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;8.6.3Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or8.6.4Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS.9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. 187
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 15 of 21 Section 10. MISCELLANEOUS PROVISIONS.10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is 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. 188
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 16 of 21 Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.10.10 Notices. Any written notice to Consultant shall be sent to: Jeffrey S. Gee260 Townsend StreetSan Francisco, CA 94107Any written notice to City shall be sent to:City of Dublin Att: City Engineer100 Civic PlazaDublin, CA 9456810.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 189
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 17 of 21 Exhibit A Scope of Services & Compensation Schedule/Reimbursable Expenses10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.10.14 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq.A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. 190
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 18 of 21 iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.B. WAGES:i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the 191
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 19 of 21 general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.c. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:a. The information contained in the payroll record is true and correct. 192
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 20 of 21 b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.SIGNATURES ON FOLLOWING PAGE 193
Consulting Services Agreement between City of Dublin and October 7, 2025Swinerton for Construction Management and Inspection Services Page 21 of 21 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.CITY OF DUBLIN SWINERTON MANAGEMENT & CONSULTINGColleen Tribby, City Manager Jeffrey Gee, Vice PresidentAttest:Consultant’s DIR Registration Number(if applicable)Marsha Moore, City ClerkApproved as to Form:City Attorney 194
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Swinerton for Construction Management and Inspection ServicesExhibit A – Page 1 of 8 EXHIBIT ASCOPE OF SERVICESThe Scope of Services is intended as a guide to illustrate the minimum project requirements. The Construction Management Team will provide professional and technical services to manage the construction and inspection for the assigned project under the supervision of the City of Dublin. The Consultant selected shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete the project.Services During Pre-Construction:The Construction Manager will assist City Staff in the following:1. Perform a review (constructability and biddability) of the construction documents issued to the City for review and provide recommendations regarding feasibility of construction methods, current availability of materials and labor and time requirements for procurement. Identify materials or services which may have a long lead time and could impact the project. Provide written comments to the City for incorporation into the bid documents by addendum if necessary. 2. Work with the City to develop strategies to generate market interest in the Project.3. Take the lead in managing the bid process including receiving bidder’s questions, distributing information to the City and design consultant, issuing bid addendums, analyzing bids and ultimately make a recommendation of award to the City Project Manager. Provide documentation and substantiation to allow Staff to gain City Council approval of award.4. Maintain an electronic project management filing system and potentially on the City’s network using the Microsoft Office Suite.5. Work with and provide project specific construction recommendations to the design team. Review and provide comments on the construction logistics plans produced by the design team.Services During Construction:The Construction Manager will represent the City during construction of the project. The Construction Manager will perform the following specific services:1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper communication and progress of the project. Act as liaison to the City through the City’s Project Manager. 2. Schedule, direct, and supervise the Project Inspector. 195
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Swinerton for Construction Management and Inspection ServicesExhibit A – Page 2 of 8

3. Coordinate all required testing services and review testing reports and materials testing personnel.4. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule. 5. Review, evaluate, and furnish recommendations to the City regarding contractor’s performance, construction schedule, and any other matters related to compliance with the contract, including the Community Workforce Agreement.6. Provide a daily log of events and activities, so as to secure the City’s interests and monitor work accomplished in accordance with the contract.7. Review, track, and assist in the preparation of responses to Contractor RFIs. 8. Review, track, and assist in the review of Contractor submittals, including obtaining Building Permits as necessary. 9. Review and track certificates of compliance and product submittals for conformance to the project Special Provisions and/or Caltrans Standard Specifications and Plans.10.Provide a monthly update outlining project status, schedule, submittals, RFIs, and change order issues. Include pertinent photos or supporting documents. The report should include an analysis of any potential delays and their actual relevance. The report should be suitably formatted to share with the City Manager’s Office.11.Issue Weekly Statement of Days Charged.12.Review and furnish contract correspondence, minutes of meetings, and directives to be issued to secure the interests of the City.13.Review and make recommendations regarding payments to contractor including Change Orders, when applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope.14.Attend all construction-related site meetings with the City’s representatives, contractors, and other meetings between related parties as required. Maintain separate notes on such meetings. 15.Verify that the Contractor complies with the requirement of the project’s water pollution control and staff the project with the required personal and submit necessary documentation to the SMART system.16.Assist the Design Consultant’s Team to ensure compliance with the project’s various environmental requirements and permits.17.Assist with providing any information to the City Departments as required, including any requested tours of the construction site. 196
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Swinerton for Construction Management and Inspection ServicesExhibit A – Page 3 of 8

18.Monitor contractor’s construction activities to ensure the General Contractor provides proper planning and coordination of work crews and of subcontractors for the execution of the project work.19.Identify potential claims and make recommendations to resolve them.20.Upon completion of the project work, provide a punch list review, and recommendation of Project Acceptance.21.Upon completion of the project work, review all of the Contractor’s final submittals to ensure their compliance with final project close-out requirements.22.The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor and inform the City.The Project Inspector will represent the City during construction and report to the Construction Manager or Inspector of Record or City Representative:1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans and Specifications.2. Perform the duties designated by the City’s Building Department Inspector or Inspector of Record for the project, as necessary.3. Provide inspector’s daily report of events, labor, equipment, and activities so as to secure the City’s interests and monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated into the report.4. Take digital photographs and digital video tape recordings of the construction progress on a regular basis, including pre-construction conditions within the project limits.5. Collect material tags and verify materials on site meet project specifications and project submittals.6. Maintain a redline set of as-built plans and specifications.7. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a quantity bid sheet for each bid item of work. 8. Assists the Construction Manager or City Representative in review and recommendation of progress payments.9. Track and document Time and Materials work issued to the Contractor.10.Work with the Construction Manager and other agencies and permit holders to issue a project punch-list. Post-Construction Services:
197
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Swinerton for Construction Management and Inspection ServicesExhibit A – Page 4 of 8

1. Provide marked up construction record drawings (as-built drawings) for designer completion.2. Coordinate and prepare final progress payment. 3. Provide final inspection services and project closeout activities including preparation of final construction project report and other documents required by City of Dublin, City Building Department or Authority having Jurisdiction and resolve all contractor claims if any. 4. Resolution of all contract issues, warranties, bonds, etc.5. Turn all construction documents over to the City of Dublin in electronic format and/or hard copy, as requested.6. Provide any necessary documentation to meet the requirements of grant funding.7. As necessary, assist the City with any warranty items or a warranty inspection in order to release the warranty bond.Special Inspection and Materials TestingThe Special Inspection firm shall be on the City of Dublin’s Building and Safety Division’s “Recognized Special Inspection & Testing Agency” (see “Special Inspection and Testing Agreement” form, which is available on the City of Dublin’s Building and Safety Division website at: https://ca-dublin2.civicplus.com/DocumentCenter/View/60/Special-Inspection-and-Testing-Agreement?bidId= listed in all categories or be able to be added to the list prior to execution of the Agreement.Laboratory shall be certified by the State of California to provide material testing for Federal Aid Projects.Field and Laboratory Compaction Testing using Caltrans and ASTM methods.Plant inspection.Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar, Conduit, Cables, etc.).Public Works Inspection, as needed.Firms will be required to sign and comply with the requirements of the City of Dublin Building and Safety Division’s “Special Inspection and Testing Agreement” for projects or project components issued a Building Permit.Project Description:Below is a list of potential projects from the City of Dublin’s Adopted Five-Year Capital Improvement Program 2024-2029 Update that the City anticipates proceeding with construction during the duration of the agreement. 198
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Swinerton for Construction Management and Inspection ServicesExhibit A – Page 5 of 8 Resiliency and Disaster Preparedness/Storm Damage Repair Projects, including slide repairs, creek bank reconstruction, trash rack repair, creek channel debris removal, etc.Iron Horse Nature Park and Open Space, future phasesGreen Stormwater Infrastructure, including Trash Capture Devices InstallationVillage Parkway Reconstruction and Complete StreetsCitywide Energy Improvements, including Civic Center solar PV canopies, battery energy storage system, generator replacement, etc.Electric Vehicle Charging StationsFacilities Parking Lot ResurfacingAnnual Street Resurfacing, including slurry seals, cape seals, overlays, etc.Citywide Bicycle and Pedestrian Improvements, including Safe Routes to SchoolKolb Park RenovationRestrooms ReplacementSports Courts ResurfacingCitywide Signal Communications UpgradeStreet Light Pole PaintingOther projects listed in the 2024-2029 CIP Update and subsequently adopted Five-Year CIPs through the duration of the agreement. Additionally, the selected firm will be available on an on-call basis for the following services:Biddability and constructability reviews for various capital improvements projectsAs-needed inspection services for various Public Works permits, such as encroachment permits, grading permits, and development inspectionPerformance Measures:Deliverables1. Construction documentation reviewProvide recommendations to Public Works Director, City Engineer, or designee within ten (10) business days of receipt of requested construction documentation review. 2. Monthly Summary ReportAs requested by the Public Works Department on specific projects, reports shall be submitted to the Public Works Department with invoices each month and must include:oContract value, working days, project budget data, and estimated percentage complete of major construction tasks. oUpdates outlining project status, schedule, submittals, and RFIs oChange order recommendations, meeting minutes, agendas, and Inspector daily reports 199
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Swinerton for Construction Management and Inspection ServicesExhibit A – Page 6 of 8 oPertinent photos, supporting documents, and an analysis of any potential delays and their actual relevanceoSummary of completed activities, on-going activities, and open/unresolved items The report should be suitably formatted to share with the City Manager’s Office.3. Construction Record DrawingsProvide marked-up as-built drawings to the Public Works Department with ten (10) business of receipt of request from Public Works Department. 4. Final Construction Project ReportReports shall be submitted to the Public Works Department within twenty (20) business days of completion and must include:oAll construction documents, grant records, and warranty documentation.If the Consultant is unable to meet the timelines or requirements set forth in Exhibit A, the City will provide written comments outlining the deficient deliverables and will, in good faith, meet and discuss with the Consultant regarding their performance to understand the circumstances and collaboratively identify a resolution. If performance issues persist, and the City can reasonably demonstrate that such issues are due to the Consultant’s actions or omissions, the City may, (i) temporarily withhold payment for the specific deliverables in question until they are satisfactorily completed and accepted, or (ii) request that the Consultant re-perform the services at no additional cost. Repeated and material failure to meet agreed-upon performance measures, after reasonable opportunity to cure and upon substantiated fault of the Consultant, may constitute grounds for termination for cause. 200
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Swinerton for Construction Management and Inspection ServicesExhibit A – Page 7 of 8 COMPENSATION SCHEDULE & REIMBURSABLE EXPENSESPosition FY25-26 RatesAdministrative Manager $114 - $166Project Executive $207 - $344Program Manager $207 - $344Sr. Project Manager $181 - $303Project Manager $171 - $256Asst. Project Manager $148 - $222Sr. Construction Manager $181 - $303Construction Manager $171 - $256Asst. Construction Manager $148 - $222Sr. Construction Inspector $171 - $256Construction Inspector $139 - $232Sr. Project Engineer $126 - $188Project Engineer $99 - $147Sr. Financial Controls Manager $165 - $247Financial Controls Manager $144 - $168Sr. Project Field Administrator $114 - $168Project Field Administrator $99 - $147Corporate Manager of Project Controls $424Scheduler/Claims Principal $281Sr. Scheduling/Claims Associate $238Scheduling/Claims Associate $188Scheduling/Cost Analyst $182Scheduler $145Intern Scheduler $103Chief Estimator $232Sr. Cost Estimator $221Cost Estimator $191Intern $93Swinerton’s Standard Hourly Rates are all-inclusive of overhead, laptop computers, cell phones, travel within the greater Northern California Area, office supplies, etc. Expenses that are not included in our hourly rates would be costs of any specialized software licenses/computer programs required by our Clients. Additional reimbursable items, if any, would be invoiced at cost to the Client.With the exception of our administrative support staff, all of our positions are exempt. This means that there are no overtime or holiday rates. In addition, there are no 201
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025Swinerton for Construction Management and Inspection ServicesExhibit A – Page 8 of 8 premium costs for managing work during weekends or holidays, and as a consultant, there are no overtime premiums.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] 202
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 1 of 21 CONSULTING SERVICES AGREEMENT BETWEENTHE CITY OF DUBLIN ANDUNICO ENGINEERING, INC.FORCONSTRUCTION MANAGEMENT AND INSPECTION SERVICESTHIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and UNICO Engineering, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of October 7, 2025 (the “Effective Date”).Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 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. 203
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 2 of 21

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works. 1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,000,000, 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 204
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 3 of 21 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:oDaily logs of total hours worked by each individual performing work under this AgreementoHours must be logged in increments of tenths of an hour or quarter houroIf this Agreement covers multiple projects, all hours must also be logged by project assignmentoA brief description of the work, and each reimbursable expenseThe 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. 205
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2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of 206
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 5 of 21 this Agreement until receipt of authorization from the Contract Administrator.Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In 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. 207
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 6 of 21 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; andb. Waiver of Subrogation Endorsement as required by the section.4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.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. 208
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4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:a. Certificate of Liability Insurance in the amounts specified in the section;b. Additional Insured Endorsement as required by the section;c. Waiver of Subrogation Endorsement as required by the section; andd. 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 209
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 8 of 21 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.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. 210
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7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.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. 214
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 13 of 21 Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.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:
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8.6.1Immediately terminate the Agreement;8.6.2Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;8.6.3Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or8.6.4Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS.9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request 216
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 15 of 21 of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.Section 10. MISCELLANEOUS PROVISIONS.10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is 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. 217
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 16 of 21 Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.10.10 Notices. Any written notice to Consultant shall be sent to: Cesar Montes de Oca1485 Civic Court, Suite 1500Concord, CA 94520Any written notice to City shall be sent to:City of Dublin Att: City Engineer100 Civic PlazaDublin, CA 9456810.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A represents the entire and integrated 218
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 17 of 21 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 Expenses10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.10.14 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq.A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any 219
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 18 of 21 one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.B. WAGES:i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the 220
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 19 of 21 prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.c. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
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Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 20 of 21 a. The information contained in the payroll record is true and correct.b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.SIGNATURES ON FOLLOWING PAGE 222
Consulting Services Agreement between City of Dublin and October 7, 2025UNICO for Construction Management and Inspection Services Page 21 of 21 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.CITY OF DUBLIN UNICO ENGINEERING, INC.Colleen Tribby, City Manager Cesar Montes de Oca, PresidentAttest:Consultant’s DIR Registration Number(if applicable)Marsha Moore, City ClerkApproved as to Form:City Attorney 223
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025UNICO for Construction Management and Inspection ServicesExhibit A – Page 1 of 8 EXHIBIT ASCOPE OF SERVICESThe Scope of Services is intended as a guide to illustrate the minimum project requirements. The Construction Management Team will provide professional and technical services to manage the construction and inspection for the assigned project under the supervision of the City of Dublin. The Consultant selected shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete the project.Services During Pre-Construction:The Construction Manager will assist City Staff in the following:1. Perform a review (constructability and biddability) of the construction documents issued to the City for review and provide recommendations regarding feasibility of construction methods, current availability of materials and labor and time requirements for procurement. Identify materials or services which may have a long lead time and could impact the project. Provide written comments to the City for incorporation into the bid documents by addendum if necessary. 2. Work with the City to develop strategies to generate market interest in the Project.3. Take the lead in managing the bid process including receiving bidder’s questions, distributing information to the City and design consultant, issuing bid addendums, analyzing bids and ultimately make a recommendation of award to the City Project Manager. Provide documentation and substantiation to allow Staff to gain City Council approval of award.4. Maintain an electronic project management filing system and potentially on the City’s network using the Microsoft Office Suite.5. Work with and provide project specific construction recommendations to the design team. Review and provide comments on the construction logistics plans produced by the design team.Services During Construction:The Construction Manager will represent the City during construction of the project. The Construction Manager will perform the following specific services:1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper communication and progress of the project. Act as liaison to the City through the City’s Project Manager. 2. Schedule, direct, and supervise the Project Inspector.3. Coordinate all required testing services and review testing reports and materials testing personnel. 224
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025UNICO for Construction Management and Inspection ServicesExhibit A – Page 2 of 8

4. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule. 5. Review, evaluate, and furnish recommendations to the City regarding contractor’s performance, construction schedule, and any other matters related to compliance with the contract, including the Community Workforce Agreement.6. Provide a daily log of events and activities, so as to secure the City’s interests and monitor work accomplished in accordance with the contract.7. Review, track, and assist in the preparation of responses to Contractor RFIs. 8. Review, track, and assist in the review of Contractor submittals, including obtaining Building Permits as necessary. 9. Review and track certificates of compliance and product submittals for conformance to the project Special Provisions and/or Caltrans Standard Specifications and Plans.10.Provide a monthly update outlining project status, schedule, submittals, RFIs, and change order issues. Include pertinent photos or supporting documents. The report should include an analysis of any potential delays and their actual relevance. The report should be suitably formatted to share with the City Manager’s Office.11.Issue Weekly Statement of Days Charged.12.Review and furnish contract correspondence, minutes of meetings, and directives to be issued to secure the interests of the City.13.Review and make recommendations regarding payments to contractor including Change Orders, when applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope.14.Attend all construction-related site meetings with the City’s representatives, contractors, and other meetings between related parties as required. Maintain separate notes on such meetings. 15.Verify that the Contractor complies with the requirement of the project’s water pollution control and staff the project with the required personal and submit necessary documentation to the SMART system.16.Assist the Design Consultant’s Team to ensure compliance with the project’s various environmental requirements and permits.17.Assist with providing any information to the City Departments as required, including any requested tours of the construction site.18.Monitor contractor’s construction activities to ensure the General Contractor provides proper planning and coordination of work crews and of subcontractors for the execution of the project work. 225
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025UNICO for Construction Management and Inspection ServicesExhibit A – Page 3 of 8

19.Identify potential claims and make recommendations to resolve them.20.Upon completion of the project work, provide a punch list review, and recommendation of Project Acceptance.21.Upon completion of the project work, review all of the Contractor’s final submittals to ensure their compliance with final project close-out requirements.22.The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor and inform the City.The Project Inspector will represent the City during construction and report to the Construction Manager or Inspector of Record or City Representative:1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans and Specifications.2. Perform the duties designated by the City’s Building Department Inspector or Inspector of Record for the project, as necessary.3. Provide inspector’s daily report of events, labor, equipment, and activities so as to secure the City’s interests and monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated into the report.4. Take digital photographs and digital video tape recordings of the construction progress on a regular basis, including pre-construction conditions within the project limits.5. Collect material tags and verify materials on site meet project specifications and project submittals.6. Maintain a redline set of as-built plans and specifications.7. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a quantity bid sheet for each bid item of work. 8. Assists the Construction Manager or City Representative in review and recommendation of progress payments.9. Track and document Time and Materials work issued to the Contractor.10.Work with the Construction Manager and other agencies and permit holders to issue a project punch-list. Post-Construction Services:1. Provide marked up construction record drawings (as-built drawings) for designer completion.2. Coordinate and prepare final progress payment. 226
Consulting Services Agreement between City of Dublin andLast revised October 7, 2025UNICO for Construction Management and Inspection ServicesExhibit A – Page 4 of 8

REQUEST FOR QUALIFICATIONS

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
City of Dublin
Statement of Qualifications (SOQ) must be received by: Friday, July 25, 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
232

Request for Qualifications
For
Construction Management and Inspection Services

Overview

The Public Works Department is seeking construction management and inspection services, including necessary materials and testing services, for capital improvement projects, development and permits, as described in the next section below.

The Scope of Services is intended as a guide to illustrate the minimum project requirements. The Construction Management Team will provide professional and technical services to manage the construction and inspection for the assigned project under the supe rvision of the City of Dublin. The Consultant selected shall provide all other necessary equipment, vehicle(s), cell phone, tools of the trade, etc. necessary for the project team to successfully complete the project.

Services During Pre-Construction:

The Construction Manager will assist City Staff in the following:

1. Perform a review (constructability and biddability) of the construction documents issued to the City for review and provide recommendations regarding feasibility of construction methods, current availability of materials and labor and time requirements for procurement. Identify materials or services which may have a long lead time and could impact the project. Provide written comments to the City for incorporation into the bid documents by addendum if necessary.

2. Work with the City to develop strategies to generate market interest in the Project.

3. Take the lead in managing the bid process including receiving bidder’s questions, distributing information to the City and design consultant, issuing bid addendums, analyzing bids and ultimately make a recommendation of award to the City Project Manager. Provide documentation and substantiation to allow Staff to gain City Council approval of award.

4. Maintain an electronic project management filing system and potentially on the City’s network using the Microsoft Office Suite.

5. Work with and provide project specific construction recommendations to the design team. Review and provide comments on the construction logistics plans produced by the design team.

Services During Construction:

The Construction Manager will represent the City during construction of the project. The Construction Manager will perform the following specific services:

1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper communication and progress of the project. Act as liaison to the City through the City’s Project Manager. 233

2. Schedule, direct, and supervise the Project Inspector.

3. Coordinate all required testing services and review testing reports and materials testing personnel.

4. Provide on-site coordination to assure that the project meets the Plans and Specifications and stays on budget and schedule.

5. Review, evaluate, and furnish recommendations to the City regarding contractor’s performance, construction schedule, and any other matters related to compliance with the contract, including the Community Workforce Agreement.

6. Provide a daily log of events and activities , so as to secure the City’s interests and monitor work accomplished in accordance with the contract.

7. Review, track, and assist in the preparation of responses to Contractor RFIs.

8. Review, track, and assist in the review of Contractor submittals, including obtaining Building Permits as necessary.

9. Review and track certificates of compliance and product submittals for conformance to the project Special Provisions and/or Caltrans Standard Specifications and Plans.

10. Provide a monthly update outlining project status, schedule, submittals, RFIs, and change order issues.

Include pertinent photos or supporting documents. The report should include an analysis of any potential delays and their actual relevance. The report should be suitably formatted to share with the City Manager’s Office.

11. Issue Weekly Statement of Days Charged.

12. Review and furnish contract correspondence, minutes of meetings, and directives to be issued to secure the interests of the City.

13. Review and make recommendations regarding payments to contractor including Change Orders, when applicable, and recommendations regarding any proposed changes. Prepare and provide cost analysis where necessary to verify change order costs generated by the Contractor are reasonable and correct in scope.

14. Attend all construction -related site meetings with the City’s representatives, contractors, and other meetings between related parties as required. Maintain separate notes on such meetings.

15. Verify that the Contractor complies with the requirement of the project’s water pollution control and staff the project with the required personal and submit necessary documentation to the SMART system.

16. Assist the Design Consultant’s Team to ensure compliance with the project’s various environmental requirements and permits.

17. Assist with providing any information to the City Departments as required, including any requested tours of the construction site.

19. Identify potential claims and make recommendations to resolve them. 234

20. Upon completion of the project work, provide a punch list review, and recommendation of Project Acceptance.

21. Upon completion of the project work, review all of the Contractor’s final submittals to ensure their compliance with final project close-out requirements.

22. The construction Contractor shall be responsible for job site safety. Should a safety or hazardous condition be discovered by the Construction Management Team, it shall be brought to the attention of the Contractor and inform the City.

The Project Inspector will represent the City during construction and report to the Construction Manager or Inspector of Record or City Representative:

1. Provide on -site inspection to assure that the project is constructed in compliance with the Plans and Specifications.

2. Perform the duties designated by the City’s Building Department Inspector or Inspector of Record for the project, as necessary.

3. Provide inspector’s daily report of events, labor, equipment, and activities so as to secure the City’s interests and monitor work accomplished in accordance with the contract. Daily progress pictures shall be incorporated into the report.

4. Take digital photographs and digital video tape recordings of the construction progress on a regular basis, including pre-construction conditions within the project limits.

5. Collect material tags and verify materials on site meet project specifications and project submittals.

6. Maintain a redline set of as-built plans and specifications.

7. Track and field -verify quantities of actual improvements installed by the Contractor and maintain a quantity bid sheet for each bid item of work.

8. Assists the Construction Manager or City Representative in review and recommendation of progress payments.

9. Track and document Time and Materials work issued to the Contractor.

10. Work with the Construction Manager and other agencies and permit holders to issue a project punch-list.

Post-Construction Services:

1. Provide marked up construction record drawings (as-built drawings) for designer completion.

2. Coordinate and prepare final progress payment.

4. Resolution of all contract issues, warranties, bonds, etc.

5. Turn all construction documents over to the City of Dublin in electronic format and/or hard copy, as requested.

6. Provide any necessary documentation to meet the requirements of grant funding. 235

7. As necessary, assist the City with any warranty items or a warranty inspection in order to release the warranty bond.

Special Inspection and Materials Testing

The Special Inspection firm shall be on the City of Dublin’s Building and Safety Division’s “Recognized Special Inspection & Testing Agency” (see “Special Inspection and Testing Agreement” form, which is available on the City of Dublin’s Building and Safet y Division website at: https://dublin.ca.gov/152/Handouts) listed in all categories or be able to be added to the list prior to execution of the Agreement.

• Laboratory shall be certified by the State of California to provide material testing for Federal Aid Projects. • Field and Laboratory Compaction Testing using Caltrans and ASTM methods. • Plant inspection.
• Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar, Conduit, Cables, etc.).
• Public Works Inspection, as needed.
• Firms will be required to sign and comply with the requirements of the City of Dublin Building and Safety Division’s “Special Inspection and Testing Agreement” for projects or project components issued a Building Permit.

Project Description:

Below is a list of potential projects from the City of Dublin’s Adopted Five -Year Capital Improvement Program 2024-2029 Update that the City anticipates proceeding with construction during the duration of the agreement. • Resiliency and Disaster Preparedness/Storm Damage Repair Projects, including slide repairs, creek bank reconstruction, trash rack repair, creek channel debris removal, etc. • Iron Horse Nature Park and Open Space, future phases
• Green Stormwater Infrastructure, including Trash Capture Devices Installation • Village Parkway Reconstruction and Complete Streets
• Citywide Energy Improvements, including Civic Center solar PV canopies, battery energy storage system, generator replacement, etc.
• Electric Vehicle Charging Stations
• Facilities Parking Lot Resurfacing
• Annual Street Resurfacing, including slurry seals, cape seals, overlays, etc. • Citywide Bicycle and Pedestrian Improvements, including Safe Routes to School • Kolb Park Renovation
• Restrooms Replacement
• Sports Courts Resurfacing
236

• Citywide Signal Communications Upgrade
• Street Light Pole Painting
• Other projects listed in the 2024-2029 CIP Update and subsequently adopted Five-Year CIPs through the duration of the agreement.

Additionally, the selected firm will be available on an on-call basis for the following services:
• Biddability and constructability reviews for various capital improvements projects • As-needed inspection services for various Public Works permits, such as encroachment permits, grading permits, and development inspection

Considerations:

Consultants are advised that this agreement is considered “public work” for purposes of the California Labor Code, which requires payment of prevailing wages. The Agency has obtained from the Director of Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work. These rates will be on file at the Owner’s office at 100 Civic Plaza, Dublin, CA 94568 or online at http://www.dir.ca.gov/OPRL/PWD/index.htm and they will be made a vailable to any interested party upon request. The Consultant with whom an Agreement is entered must pay the prevailing rates, post copies thereof at the job site, provide copies of certified payrolls upon request, and otherwise comply with the applicable provisions of State law. The Consultant is subject to prevailing wage rate compliance monitoring and enforcement by the California Department of Industrial Relations.

The Consultant or Subcontractor(s) shall not be qualified to submit a response to this RFQ, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered consultant to submit a proposal that is authorized by Section 7029.1 of the Business and Professions Code o r by Section 10164 or 20103.5 of the Public Contract Code, provided the consultant is registered to perform Public Work pursuant to Section 1725.5 at the time the contract is awarded.

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]

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.

237

2. Deadline for submitting the Statement of Qualification is Friday, July 25, 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 qualifications or in anticipation of a contract.

Schedule for RFQ Process
Wednesday, July 2
Friday, July 15
Friday, July 18
Friday, July 25
Week of August 4
Tuesday, August 19
Request for Qualifications mailed to consultants.

Deadline to submit question s to City o f Dublin by 4:00 p.m. vi a e-mail ONLY to Julius Pickney at [email protected].

Addendum posted, if required
SOQs are due no later than 4:00 PM on July 25 to Julius Pickney at [email protected] ONLY. Late submittals will not be accepted.

Interview firms (optional)
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 separate 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 companies 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 for a preliminary engineering study. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within document and not as a separate page.

2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity.

3. Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed.
238

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

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

6. Provide a project schedule.

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

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 copies of your Qualification to City offices no later than Friday, July 25, 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 August 19, 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 qualifica tion. Exceptions will be taken into consideration in evaluating qualifications.

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

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

239

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 D ublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.

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

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 non - compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.

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

Governing Law

This RFQ summarizes the applicable laws and governance; when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.

240

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 RF Q. 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 base d on its sole discretion. A subcommittee selected by City Staff will evaluate 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 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.

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Attachment A

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
[NAME OF PROFESSIONAL CONSULTANT]
FOR
[NAME OF PROJECT]
[Removed for purposes of the October 7, 2025 Regular City Council Meeting] 242
Attachment B
RANK 1
FIRM 1 RANK 2
FIRM 2 RANK 3
FIRM 3 RANK 4
FIRM 4 RANK 5
FIRM 5 RANK 6
FIRM 6 RANK 7
FIRM 7 RANK 8
FIRM 8 RANK 9
FIRM 9 RANK 10
FIRM 10
CATEGORY:

RATER SIGNATURE: DATE:

City of Dublin
Forced Ranking Rating Sheet
Instructions: After each review, write the name of the candidates in the boxes in ranked order of 1 through 5, with the number 1 candidate in the left column being the most qualified candidate. For example, candidate Smith’s name would be in the Rank 1 box after the first review, since that firm would be the only candidate so far. After candidate Jones is reviewed in the second review, then decide which of the two candidates – Smith or Jones – should be ranked #1 and #2. As reviews continue, re-rank the applicants as appropriate.
243
Submittal Date: July 25, 2025
Statement of Qualifications To Provide
Construction Management and Inspection Services
For The City of Dublin
Public Works Department
Submitted by:

Attachment 4
244
Construction Manag
ement • Inspe
ction • Plan
Check • Planning
2126 Rheem Drive • Pleasanton, CA 94588 • Phone (925) 462-5959 • Fax (925) 462-5958 City of Dublin July 25, 2025
Public Works Department
100 Civic Plaza
Dublin, CA 94568
Attn: Julius Pickney, Management Analyst II
Subject: Statement of Qualification to Provide Cons truction Management and Inspection Services for the City of Dublin.

Dear Mr. Pickney,
4LEAF, Inc. (
“4LEAF”) is excited to have the opportunity to submit our Statement of Qualification (SOQ) to provide Construction Management (CM) and Inspection Services for the City of Dublin (“City”) Public Works Department. 4LEAF was previously selected by the City to provide on-call CM and Inspection services for the contract period of July 1, 2021, to June 30, 2025, and 4LEAF has been providing Building Department and Plan Review services for the City since 2001. 4LEAF has more than 24 years of experience providing CM and Inspec tion services for many municipal Public Works and Engineering Departments. 4LEA F provides these services for numerous on-call contracts with multiple 4LEAF staff working on either the same or separate projects. 4LEAF’s philosophy is to strive t o be th e b est firm pr oviding our cli ents with outstanding customer service and first-rate consulting services. We have provided CM and Inspection services for Capital Improvement Program (CIP) projects for numerous municipal agencies, in cluding the California Department of Parks and Recreation (“DPR”) since 2003; the ci ties of Pleasanton, Walnut Creek, Mill Valley, Trac y, Daly City, Pacifica, San Mateo, San Bruno, Cupertino, Union City, Redwood City, and Menlo Park; the counties of San Mateo and San Benito; and the Mid-Peninsula Water District and the Alameda County Water District. 4LEAF has experience providing CM and inspections on the same types of potential projects listed in the City’s Adopted Five-Year CIP 2024 – 2029 Update and listed in the City’s Request for Qualifications (RFQ). 4LEAF appreciates this opportunity to present ou r SOQ package. 4LEAF has reviewed and takes no exceptions to the City’s Standard Consulting Agreement and can meet the insurance requirements. This letter has been signed by Gene Barry, P.E., who is a Corporate Officer and Vice President of 4LEAF. Gene is authorized to contractually bind 4LEAF and nego tiate a contract with the City. If you have any questions, please do not hesita te to contact Gene Barry at (925) 462-5959 or by email at [email protected].

Respectfully submitted,
4LEAF, Inc.

Gene Barry, P.E.

Vice President
245

Table of Contents

Section 1 Firm Qualifications and Experience

Section 2 References

Section 3 Key Staff Members

Section 4 Understanding and Approach

Section 5 Proposed Project Budget

Appendix A Resumes

Statement of
Qualifications to
Provide

Construction
Management and
Inspection Services

On Behalf of the:

City of Dublin
Public Works
Department

246

SOQ TO PROVIDE CM AND INSPECTION SERVICES JULY 25, 2025 SECTIONS 1 THRU 5 PAGE 2 OF 10
SECTION 1: FIRM QUALIFICATIONS AND EXPERIENCE

FIRM QUALIFICATIONS AND CAPABILITIES
4LEAF was established in 1999 and incorporated in 2001 by experienced engineers and seasoned managers with a focus on providing CM, Plan Review, Inspection , Building Department, and Code Enforcement, Planning, and Fire Recovery Services to public agencies, government, and private c lients, with the goal of setting the industry standard for excell ent customer service. 4LEAF maintains a large database of experienced staff with varied qualifications. Our staff vary from current full-time staff, idle staff (temporarily between assignment s), and pre-qualified staff which include engineers, construction managers, and inspectors who are available subject to client demands.

The following are some of the CM and inspection services 4LEAF provides:

• Perform Biddability /
Constructability Reviews
• Coordinate and Chair Pre-
Con and Weekly Meetings
• Review Baseline Schedules
• Perform Schedule
Management
• Prepare Progress Status
Reports
• Review Contract,
Environmental and Permit
Documents, & Laws and
Regulations
• Perform On-Site
Administration
• Project & Program
Management, Contract
Administration
• Review Submittals &
Request for Information
(RFIs)
• Review Progress Payments
and Pay Applications
• Cursory Reviews of
Contractor’s Certified
Payroll
• Track Bid Item Quantities
• Review & Process Contract
Change Order Requests
(CCORs)
• Perform Construction
Inspections
• Maintain Detailed Written and
Photographic Records of Site
Activities
• Monitor & Document
Contractor’s Compliance with
Project Contract, Permits,
Health & Safety Plan
• Ensure Compliance with
Environmental Regulations
[Stormwater Pollution
Prevention Plan (SWPPP),
Erosion Control Plan (ECP),
Best Management Practices
(BMPs), etc.]
• Verify Contractor’s Compliance
with the Approved Traffic
Control Plans
• Provide On-Site Coordination
with Utilities

• Coordinate Special Inspections
and Material Testing
• Maintain Complete and Accurate
Project Files in Accordance with
State, Local and Federal Funding,
Including Caltrans Local
Assistance Procedures Manaual
(LAPM), When Required
• Provide Americans With
Disabilities Act (ADA) / Building-
Code Compliance
• Maintain Construction Red-Lined
Copies of Drawings
• Track Equipment & Manpower
• Coordinate and Perform
Commissioning Services
• Prepare Final Punch List
• Compile Project Closeout
Documentation
• Review, Evaluate and
Recommend Change Order
Course of Action
• Coordinate with Various Project
Stakeholders

247

SOQ TO PROVIDE CM AND INSPECTION SERVICES JULY 25, 2025 SECTIONS 1 THRU 5 PAGE 3 OF 10
4LEAF can provide CM and / or inspection services for the following types of projects:
• Water / Wastewater
Treatment Facilities
• Pump Stations
• Creek & Channel Diversions
• Levees
• Culverts
• SS, Stormwater, and Water
Conveyance Systems
• Environmental Remediation
• Roadways & Streetscapes
• Transportation Projects
• Bridges
• Traffic Signals / Streetlighting
• Bicycle & Pedestrian Facilities,
Including Dedicated Bike
Paths
• Trash Capture Systems
• Sidewalk, Curb and Gutter
• Retaining Walls
• Grading & Earthwork
• Park and Recreation Facilities
• Government / Municipal
Facilities
• Biologically and Culturally
Sensitive Areas
• Green Infrastructure (e.g.,
bioretention, bioswales,
permeable paving)

ENGAGEMENTS OF SIMILAR SCOPE AND COMPLEXITY
The following are select representative projects that we have provided CM and inspection services for On-Call and / or specific Capital Improvement Program (CIP) projects. These projects are similar in size and scope to the list of potential projects in th e City’s Adopted Five-Year CIP 2024-2029 Update, as presented in the RFQ.

Daly City: Mussel Rock Gabion Wall and Stormwater Maintenance Project. 4LEAF performed CM and Inspection services for this project that consisted of removing and replacing the existing gabion wall, performing earthwork and grading; re locating and covering existing land fill refuse on site; cleaning out the existing silting basin and replacing the drai nage standpipe and downgrading effluent piping; replacing and re-routing the st orm drain system from the upper landfill, installing high-density polyethylene (HDPE) pipe and connections, removing existing manholes/catch basins and installing new manholes / catch basins; resetting and replacing half-round corrugated metal pipe (CMP); cleaning existing CMP drainage channels an d clearing 3-feet of vegetation on either side of the channels; performing emergency landslide repairs and removing debris along the toe and face of the exposed slopes; and site stabilization. The project was perfor med in accordance with permits issued by the Bay Conservation and Development Commission (BCDC) a nd the San Francisco Bay Area Regional Water Quality Control Board (RWQCB).

County of San Mateo DPW and Parks and Recreation Dept.: Tunitas Creek Beach Landslide Repair and Improvements Project. 4LEAF and our team firms performed CM , Inspection, Special Inspection and Material Testing, and Labor Comp liance Monitoring Services. Cons truction included clearing and grubbing dense vegetation; performing slope stabilization, drainage system piping, landslide repairs, and mass / fine earthwork grading in the areas between Highway 1 and the beach located nearly 100 feet below. The project included building a new 2,000+ lineal foot long pedestrian trail constructed with 100+ soldier piles, retaining walls, wood decking and st eps, metal handrails, lighting, and a GraniteCrete surface; constructing an amphitheater and reclaimed timber benches; installing a new park ranger shed and public restrooms; constructing a new vehicle ac cess road from the parking lot to the beach area; constructing a new off ramp from Highway 1 and new parking lot equipped with EV charging stations; installing bioretention areas; and installing new stor m drain piping and inlets and new erosion control systems. The project required a Caltrans encroachment permit and extensive coordination with Caltrans, PG&E, AT&T, and Comcast.

County of San Mateo DPW: Higgens Canyon Bridge at Mills Creek Embankment and Wingwall Repairs Project. 4LEAF provided part-time CM and full-time Construction Inspection services for this project 248

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that consisted of repairing the failing embankment and exposed wingwall of the bridge. The work performed consisted of constructing a soldier pile concrete lagging retaining wall with ground anchors, installing a wingwall underpinning system, removing an existing sacked concrete weir in the creek channel, installing and compacting backfill, and constructing drainage improvements, including a concrete gutter with drop inlet and down drain. Work also included installing a rock slope protection revetment with soil and plantings and erosion control / slope protection. The project was covered under the County’s Routine Maintenance Program, which includes permit coverage from many regulatory agencies and required compliance with the Mitigation Monitoring and Report Plan. Mills Creek is a perennial stream, and the County’s project team performed preconstruction surveys for numerous sensitive / protected species and fish relocation.

City of San Mateo: North Shoreview Flood Improvement Project. 4LEAF and our team firms provided CM, Construction Inspection, Biological Survey a nd Monitoring, Cultural Re source Monitoring, and Special Inspection and Material Testing services. Due to construction within the Bay and forebay, various agency permits including the Bay Conservation and Development Commission (BCDC), a California Department of Fish & Wildlife (CDFW) Lake and St reambed Alteration Agreement, the California Regional Water Quality Control Board (RWQCB), and the United States Army Corps of Engineers (USACE) were obtained. Upon completion of the projec t, more than 2,000 homeowners in surrounding neighborhoods will apply for a Federal Emergenc y Management Agency (FEMA) flood insurance exemption. Final site mitigation included a riparian mitigation area along the altered streambed.

City of Mill Valley: Miller Avenue Streetscape and Underground Utilities Improvement Project. 4LEAF provided CM and Inspection services. This multiple award-winning CIP project has dramatically improved multi-modal movements for pedestri ans, bicyclists, and motor vehicles. It installed new underground utilities; rehabilitated asphalt pavement; and repl aced sidewalks, utility boxes, streetlights, and landscaping to beautify more than two miles of Miller Avenue. Project components included: 6-inch and 12-inch welded steel waterlines and 4-inch late rals; Full-Depth Reclamation (FDR) Asphalt Paving Method; Cold-in-Place (CIR) Asphalt Paving Method; Pipe bursting Sanitary Sewer Installation; Cured-in- Place Pipe Sanitary Sewer Installation.

City of Menlo Park: 2023 Streets Resurfacing Project. 4LEAF provided Construction Inspection services for twelve (12) primary locations and four (4) bid alternate locations throughout the City of Menlo Park.

The project’s scope of work included installing new sidewalks, curb and gutters, valley gutters, ADA curb ramps, and speed humps; and performing grinding, as phalt dig outs, AC overlays with hot mix asphalt, tree root repairs, utility cover adjustments, and traffic striping.

City of Cupertino: Orange Ave. Sidewalk Improvement Project. 4LEAF and our team firm provided CM, Inspection, and Materials Testing and Special Inspec tion services. The project included site demolition and tree removals; relocating various utilities (co mmunication lines and utility boxes, water service laterals and valve boxes, fire hydrants); installing sidewalks, curbs, gutters, driveway aprons, planting strips, storm drainage system modifications, landscape restoration (fencing, decorative pavers, irrigation piping, vegetation, etc.); restoring property owner fences; performing AC grinding, paving, and slurry seal; and installing traffic striping. The Project requi red extensive coordination and outreach with the property owners during construction.

City of Cupertino: All-Inclusive Playground at Jollyman Park Project. 4LEAF provided CM and Inspection services for the project that replaced and expande d the existing playground area in the southwest portion of Jollyman Park with a new all-inclusive pl ay area and supporting facilities. The new park was constructed to support recr eation and social interaction for peop le with autism, sensory challenges, cognitive, developmental, and physical disabilities, and those without special needs. The project involved 249

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demolition of existing playground fac ilities, installation of a new all-inclusive play area, associated play elements, picnic areas, fencing, a custom intera ctive art piece, pathways, landscaping, restroom, irrigation, and underground utilities. During constructi on, the City issued a design change order for installing 40 lineal feet of a new sanitary sewer lateral to connect the new restroom to the City’s sanitary sewer main along South Stelling Road. that was connected. In addition, the PG&E primary power conduit was installed using direct bore technique to avoid damaging heritage tree roots.

California Department of Parks and Recreation : More than 400 projects during numerous contract periods since 2003. 4LEAF currently provides CM and Inspection services for this statewide on-call CM services contract. Our staff perform contractor oversight and on-site administration; cost estimating and planning; daily report preparation; contractor progress payments review; tracking of bid item quantities; baseline schedule reviews; coordination of activities between various project stakeholders; monitoring of the contractor’s compliance with project contract and project specifications; review of submittals, supplements, and RFI submittals; preparation of detailed written and photo records of the site activities; and tracking of equipment and manpower. Our parks projects include new construction or renovation of park roadways, bridges, paths, trails, utility upgrades, facilities including visitor and education centers, restroom and bathing facilities, amphitheaters, entran ce stations, historic sites and facilities, camping and picnic sites, cabins and lodging facilities. Since all new or renovated elements in the parks must be ADA compliant, our staff is well-versed in ADA standards, recommendations, and regulations for compliance with accessibility laws. We are familiar with ADA circulation allowances, space allowances, and reach ranges while still providing safe maneuvering and access for the disabled.

Mid-Peninsula Water District: Old County Road Waterline Improvements – Phase 1. 4LEAF performed CM and Inspection services. The project replaced approximately 3,200 linear feet of 1930s-era 4- and 8-inch cast iron (CI) and 20-inch concrete cylinder pipe (CCP) transmission lines with new 8- and 20- inch polyvinyl chlorinated (PVC) pipe along Old County Road between Ralston Avenue and F Street, and a separate 450-foot section along Ralston Avenue between Old County Road and Elmer Street. The project included demolition and abandonment of existing pipe and installation of new pipe, fittings, valves, fire hydrants, copper domestic service laterals, and reconnection of fire services to the new water main. Most of the work was performed at night to accommodate necessary lane closures for construction. During the design phase, 4LEAF’s team performed constructability reviews of the 30%, 60%, 95%, and 100% plans, specifications, and estimate (PS&E) packages.

SECTION 2: REFERENCES

Project Name: Tunitas Creek Beach Landslide Repair and Improvement Project Project Description: Perform landslide repairs and transform area into the County’s first new Public beach and recreational park in more than 50 years.

Client Name: County of San Mate o Department of Public Works Client Contact: Michelle Manalo, Associate Engineer
Client Address: 555 County Center, 5th Floor | Redwood City, CA 94063 Client Telephone: (650) 599-1422
Project Dates: June 2023 – August 2025 (anticipated)
Roles Performed by
4LEAF and Subs:

CM, Inspection, Public Outreach; Spec ial Inspection and Materials Testing (Sub); Labor Compliance Monitoring (Sub)
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Project Name: Balboa Way Roadway and Underground Utilities Repairs Project.

Project Description: Restoration of the entire extent of the residential area of Balboa Way between Anza Drive and Arguello Boulevard as well as underground utilities (water, sanitary sewer, storm drain), private sidewalks, curbs, gutters, ADA ramps, and driveways.

Client Name: City of Pacifica
Client Contact: Louis Sun, P.E., Deput y Director Public Works, Wastewater Client Address: 700 Pacific Coas t Highway | Pacifica, CA 94044 Client Telephone: (650) 738-4662
Project Dates: June – October 2020
Roles Performed by 4LEAF
and Subs:

CM, Inspection, Public Outreach; Materials Testing and Special Inspection Services (Sub)

Project Name: Old County Road Ph ase 1 Waterline Improvements.

Project Description: Replaced approximately 3,200 linear feet of 1930s-era 4- and 8-inch cast iron (CI) and 20-inch concrete cylinder pipe (CCP) transmission lines with new 8- and 20-inch poly vinyl chlorinated (PVC) pipe along various City of Belmont and San Ca rlo streets, and within Caltrans Rights of Way and San Mateo County access agreements.

Client Name: Mid-Peninsula Water District
Client Contact: Rene Rami rez, Operations Manager
Client Address: 1075 Old County Ro ad, Suite A | Belmont, CA 94002 Client Telephone: (650) 591-8941
Project Dates October 2023 – July 2024
Roles Performed by 4LEAF: Constructability Reviews, CM, Inspection, Public Outreach.

SECTION 3: KEY STAFF MEMBERS

The ultimate success of any project depends on providing highly qualified staff that can work effectively in a team environment or indi vidually. 4LEAF is proposing Gene Barry, P.E., as our Principal-in-Charge and Contract Manager to provide CM and Inspection Services for the City.

PRINCIPAL-IN-CHARGE / CONTRACT MANAGER
Responsibilities include managing and performing constructability revi ews, assisting the project team with pre-construction activities including public outreach, assisting with resolving various technical and administrative issues during the construction pha se. Responsibilities also include ensuring the appropriate staff and resources are assigned to each project; monitoring 4LEAF staff to ensure they are performing their responsibilities so the project is built per the contract documents; providing as-needed technical assistance to staff; reviewing and approving 4LEAF’s monthly invoices prior to submittal to the City; and addressing any issues or concerns the City has about 4LEAF’s staff performance. 251

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CONSTRUCTION MANAGERS / CONSTRUCTION INSPECTORS
Construction Manager – general responsibilities include performing constructability reviews, reviewing progress payments, submittals, RFIs, and potential co ntract change orders (P CCOs); coordinating field staff; reviewing / monitoring the construction schedule; coordinati ng and running weekly meetings; communicating with the client, stakeholders, a nd the project team; performing as-needed public outreach; coordinating special inspections as necessary.

Inspector – general responsibilities include performing constructability reviews, monitoring and documenting daily site activities and ensuring the progress of the work is performed in accordance with the plans and specifications; verifying materials a nd quantities; performing as-needed public outreach; and assisting the construction manager for scheduling of special inspections as necessary.

STAFF AVAILABILITY
The table below identifies some of our qualified Co nstruction Managers and Inspectors who would be available for the projects under this contract. A ll team members have a proven track record of completing projects in time and within budget.

Team Member Role Existing
Committed Hours
Availability
Gene Barry, P.E. PIC / Contract Manager 10 hrs/wk See Note A Gopi Chandran Construction / Proj ect Manager 30 hrs/wk See Note A Jim Ewertsen, P.E. Construction Manager 25 hrs/wk See Note A Chris Bryden, CCM, PMP Construction Manager 10 hrs/wk See Note A Mike Manning, QSP Construction Mana ger/Inspector 30 hrs/wk See Note A Matt Newton Senior Construction Inspector 20 hrs/wk See Note A Alex Lavrov Public Works In spector 40 hrs/wk See Note A Josh Pickett Public Works In spector 24 hrs/wk See Note A Chad Martin Construction In spector 10 hrs/wk See Note A Clayton Jones Construction In spector 20 hrs/wk See Note A Panfilo Armas Construction Repres entative 30 hrs/wk See Note A Cindy Mendes Construction In spector 20 hrs/wk See Note A Robert Romero Public Works In spector 10 hrs/wk See Note A Note A: The City has not identified start dates or duratio ns of specific, potential projects. Our staff vary from current full-time staff, idle staff (temporari ly between assignments), and pre-qualified staff which include engineers, construction managers, and inspec tors who are available subject to client demands.

At this time, 4LEAF’s proposed key staff are available to work on the City’s potential projects, and 4LEAF has multiple qualified construction managers and insp ectors available to provide the City with CM and inspection services.

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SECTION 4: UNDERSTANDING AND APPROACH

ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION APPROACH Once a notice to proceed is issued, our proposed (PIC) / Contract Manager will meet with the City’s designated Project Manager to discuss the nature and proposed scope of se rvices required and the project schedule. We will then assign staff with the appropriate experience and qualifications required to meet the specific needs of the project.

COPE OF SERVICES
The following subsections represent the typical re sponsibilities associated with providing CM and inspection duties during the pre-construction, construction, and post-construction phases.

Pre-Construction Phase
During Pre-Construction, the 4LEAF team will establish immediate and routine contact and communication with the project’s team including the City, the contractor, utility companies, and other project stakeholders. We will take steps to ensure successful collaborations with each of these entities.

The following are typical tasks performed during the Pre-Construction Phase of a project. • Attend internal in-person or virtual kickoff meeting with the City and Design Team (if necessary). • Perform a Constructability Review of the project plans, specifications, and estimate (PS&E) package (if requested).
• Perform initial Public Outreach activities notifying the Public and affected businesses. • Prepare and chair the Pre-Construction Conference with the project stakeholders. • Document pre-construction conditions with digital photographs and/or videos. • Develop the project document control and filing sy stem. This can be a cloud-based system (e.g., Procore), if requested.
• Receive and process early contractor submittals, requests for information (RFI), shop drawings, etc. • Identify critical path items (e.g., 3rd-party utility service applications, required start and end dates for permits, agency-required notifications).

Construction Phase
From Day 1, 4LEAF’s assigned staff will work with th e City to run an efficient and quality project. Once construction begins, 4LEAF staff will perform on-site inspections to check the quality and quantity of the work performed by all trades and guard the City ag ainst defects and deficienci es in the work by the contractor. The following represen ts the general responsibilities fo r providing CM and inspection services for CIP projects:
• Coordinate, chair, and attend all weekly construction meetings. • Review contractor’s baseline construction schedule and subsequent updates. • Compare the actual progress to the contractor’s schedule to detect any potential delays and review the contractor’s plan to recover and maintain progress. • Meet with contractor to review proposed work and schedule inspections. • Maintain effective communication with all project stakeholders. • Coordinate with utilities for potential conflicts.
• Prepare weekly statement of working days.
• Prepare and submit weekly/monthly progress status reports. 253

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• Review contracts, and any environmental and pe rmit documents, ensuring adherence to local, state, and Federal laws and regulations.
• Receive and process submittals, RFIs, and project correspondence. • Maintain project files and logs including submittals, RFIs, CCORs, design changes, etc. • Review / process contractor progress payments and make recommendations for payment, change order requests, and responses to correspondences.
• Perform project Federal and / or grant funding management (if applicable). • Maintain written progress of quantities measured for each bid item. • Document any extra or force account work.
• Review and evaluate CCORs and make recommendations to City staff. • Assist with claims management support as needed.
• Provide daily inspection and pe rform documentation (daily repo rts and photographs) for all job- related activities and the contractor’s compliance with the approved traffic control plan. • Inspect materials and equipment upon delivery for compliance with construction contract documents.
• Collect delivery records and certificates of compliance. • Document and report all discrepancies requiring corrective actions to City staff. • Confirm the contractor complies with stormwater and erosion control BMPs. • Monitor contractor’s general compliance with its safety program and advise the City of observed deficiencies.
• Confirm adherence to all permitting requirements.
• Coordinate and schedule special inspections and materials testin g with the City’s materials inspection and testing sub consultant.
• Maintain test reports and logs of any verification tests performed. • Develop and oversee punch list towards project completion. • Recommend acceptance of the work when it is satisfactorily completed. Track non-compliant work separately until work is satisfactorily completed and accepted.

Post-Construction Phase
The post-construction and contract closeout phase consists of three distinct closeout elements: physical closeout, document closeout, and fiscal closeout. Project deliverables are included below.

Physical closeout includes formal submittal of a Notice of Substantial Completion, performing final inspections to evaluate and document project condi tions; addressing all punch list items; demobilizing and removing BMPs, materials, and equipment; confir ming project acceptance by the City, ensuring all traffic control measures are removed. Documents tran sferred to the City include a final punch list, all project correspondence, CCO’s, design clarifications, RFIs, submittals, red-lined versions of the contract documents, daily inspection reports and photog raphs, commissioning documents, operation and maintenance manuals, warranties, bonds, potential claims, release of liens. We will prepare documents for City acceptance and assist the City in filing a Notice of Completions as necessary. Fiscal closeout includes confirming all physical and document closeout processes have been completed, at which point the final Pay Application and retention payment can be processed, a full project financial reconciliation, including all funding closeout documentation and s ubmittals to and appropri ate funding agencies for final project closeout.
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SECTION 5: PROPOSED PROJECT BUDGET
4LEAF FEE SCHEDULE TO PROVIDE ON-CALL CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE CITY OF DUBLIN PUBLIC WORKS DEPARTMENT

*All Fees shown include Annual Escalation of 3% starting on January 1, 2026, and January 1, 2027. **Staff category subject to California Prevailing Wage Rate Requirements.

BASIS OF CHARGES
A. Rates shown assume projects under this on-call contract will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the project.

B. Rates for prevailing wage categories are subject to annua l escalations in accordance with the bi-annual wage determinations from the California DIR. Rates based on California DIR’s wage determinations dated February 2025.

C. Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is require d to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable/qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for appren tice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector issued February 2025 were used to determine the range of Calendar Year 2025 hourly rates for Public Works Inspector Apprentice.

D. All invoicing will be submitted monthly.

E. Overtime and Premium time will be charged as follows:
- Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime 1 (over 8 hours M-F or Saturdays) 1.35 x hourly rate - Overtime 2 (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate - Overtime 3 (over 8 hours Sun or Holidays) 2.35 x hourly rate F. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.

G. Subconsultant invoices will be assessed a 10% Administrative Processing Fee.

H. Project-related mileage for inspections will be billed at the allowable IRS Rate.

I. Payment due on receipt. All payments over 30 days will be assessed as a 1.5% interest charge.

J. Client shall pay attorneys’ fees or other costs incurred in collecting delinquent amounts.

K. Client agrees that 4LEAF’s liability will be limited to the value of services provided.

L. In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

M. If 4LEAF is requested or otherwise required to conform to Client’s alternative workweek schedule (“AWW”), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW. If 4LEAF’s affected employment group approves an AWW election and the same is registered, overtime compensation/reimbursement shall not be required.

Calendar Year
Staff Designation 2025 2026 2027
Principal-in-Charge / Contract Manager* $221.09 $227.72 $234.56 Construction Manager* $197.45 $203.38 $209.48
Public Works Inspector (Regular Time)** $169.77 $174.86 $180.11 Public Works Inspector (Night Time)** $190.99 $196.72 $202.62 Public Works Inspector (Overtime 1)** $229.19 $236.07 $243.15 Public Works Inspector (Overtime 2)** $314.08 $323.50 $333.20 Public Works Inspector (Overtime 3)** $398.96 $410.93 $423.26 Project Administrative Assistant* $95.00 $97.85 $100.77 Public Works Inspector Apprentice** $98 - $150 $100.94 - $154.50 $103.96 - $159.14 255
Appendix A
Resumes
256

Gene Barry, P.E.

Principal-In-Charge

1 of 2
Experience Summary
Gene has more than 32 years of engineering and project management experience. He has experience as a project manager, construction manager, environmental engineer, field engineer, construction surveyor, soils tester, and quality assurance inspector. His experience includes performing constructability reviews, developing work plans, reviewing plans and specifications and monitoring contractor’s conformance with the project scope of work, developing and monitoring project schedules, establishing project scopes of work, performing bid evaluation and cost - benefit analyses, preparing and evaluating detailed cost estimates, and monitoring project budgets.

Gene is a California Qualified SWPPP Developer (QSD), has extensive experience preparing storm-water pollution prevention plans (SWPPP), and is very knowledgeable regarding the State of California’s General Construction Permit for stormwater discharges.

Summary of Select Professional Experience

Gene has performed as 4LEAF’s Principal In Charge / Project Manager on numerous CIP projects including:

• City of Cupertino $1.4M De Anza Blvd / McClellan Road / Pacific Drive Intersection Improvements Project.

• County of San Mateo Public Works Department – $12M Tunitas Beach Creek Landslide Repair and Site Improvement Project.

• City of Menlo Park - $10.5M Chrysler Pump Station Upgrade Project.

• City of San Mateo Public Works Department - $30M North Shoreview Flood Improvement Project.

• City of Cupertino $1.5M Regnart Road Improvements Project, Phase 1.

• City of Menlo Park – CY 2023 Streets Resurfacing Project.

Experience
 32 years

Registrations
 Registered Civil Engineer, California,
No. 64174.
 Registered Civil Engineer, Nevada, No.
017520.

Education
 B.S. Petroleum Engineering, 1986,
Montana College of Mineral Sciences
and Technology, Butte.
 B.S., Physical Science/Physics, 1989,
Montana State University, Bozeman.

Certifications
 California Qualified SWPPP Developer
(QSD) / Qualified SWPPP Practitioner
(QSP), No. 20145.
 Nevada Certified Environmental
Manager (CEM), No. 2136.
 40-hour OSHA HAZWOPER, including
8-hour annual refreshers.
 OSHA HAZWOPER Supervisor

Affiliations
 Member, American Society of Civil
Engineers.
 Member, Construction Management
Association of America

257

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Gene Barry, P.E.
• City of Daly City Mussel Rock Gabion Wall and Stormwater Maintenance Project.

• City of Pacifica – $22M Wet Weather Flow Equalization Basin Project.

• City of Sacramento Utilities District $35M McKinley Water Vault Project.

• City of Pacifica - $2.1M Balboa Way Repairs Project.

• City of Cupertino - $450M Apple Campus 2 Offsite Public Works Mitigation Projects.

• County of San Mateo Public Works Department – $5.5M Coyote Point Recreation Area East Promenade Rejuvenation Project.

• Alameda County Water District – Alvarado-Niles Pipeline Seismic Improvement Project.

• County of San Mateo Public Works Department – Higgins Canyon Bridge Embankment and Wingwall Repairs Project.

• City of Pacifica CY 2019 – 2020 Slurry Seal Rehabilitation Project.

• City of Cupertino Orange Ave. Sidewalk Repair and Pedestrian Improvements Project.

• City of Watsonville $3.25M Green Valley and Freedom Blvd Water and Sanitary Sewer Line Improvements Project.

• City of Los Altos – Fremont Ave. Street Rehabilitation Project.

• City of Gilroy $6M First Street Waterline Replacement Project.

• City of Cupertino Wilson Park Renovation Projects.

• City of Walnut Creek $8.5M Geary Road Improvements Project, Phase 3.

• City of Los Altos – CY 2018 and 2020 Street Resurfacing Projects.

• City of Burlingame California Ave. and Oak Grove Sanitary Sewer Rehabilitation Project.

• University of California Berkeley $20M Richmond Field Station Remediation Projects.

• City of Burlingame - $8M Downtown Burlingame Ave. Area Utility Improvements Project.

• City of Gilroy - $1.6 Downtown Monterey Road Pavement Rehabilitation Project. 258

Gopi Chandran
Construction / Project Manager

1 of 4

Experience Summary
Gopi has Bachelor of Science and Master of Science degrees in Civil Engineering and formerly held a California A Contractor’s license. For more than 30 years, Gopi has worked as a Construction Manager, Project Manager, Office Engineer, and general contractor on a variety of small-, medium-, and large-scale CIP projects including underground utilities (water, storm, sanitary sewer, electrical, and communications) using a variety of construction methods; earthwork, grading, and shoring; roadway repairs; streetscapes; sidewalks, curbs, and gutters; traffic improvements; wat er and stormwater pump stations; landscaping improvements; medium-and high-voltage electrical system upgrades and commissioning; mechanical installations and commissioning; public park and playground improvements; photovoltaic systems, and environmental remediation. These projects include city and county facilities, DOD facilities, energy sector (PG&E, SoCal Edison, SMUD, SDG&E , and major oil petroleum refineries ), work within Caltrans’ right of way , and privately-owned properties. Gopi specializes in managing high -profile CIP projects req uiring constructability reviews, extensive public outreach, maintaining close coordination with numerous public and private agencies, utility providers (e.g. PG&E; Comcast; AT&T; and municipally -owned electrical, natural gas, sanitary sewer, and water districts); managing projects with biological and cultural resource compliance requirements; and managing grant applications and reimbursements for a variety of funding sources (Federal aid, FEMA, Caltrans, CAL-OES, State of CA General Fund, and local bond measures).

Select Professional Experience

City of Menlo Park
Chrysler Pump Station
Construction Manager
Gopi was 4LEAF’s Construction Manager for this $10.5 M project that included constructing a new stormwater pumping facility including an underground wet well, a pump and motor room, electrical control room, engine/generator room, pumping equipment, electrical equipment and controls, automatic standby diesel engine generator with integral fuel tank, on-site storm drain improvements, water and fire protection services, site grading, demolition of old pump station , and driveway and pavement improvements. The project r equired extensive coordination with PG&E for the relocation of electrical switchgear and a transformer The Chrysler Pump Station is located immediately adjacent to META’s main campus which requires special considerations to minimize impacts to the adjacent buildings and inhabitants. The project is partially funded through a $5M grant from the Federal Emergency Management Agency (FEMA) through the Cal Office of Emergency Services (OES) and required compliance with federal grant requirements.

Dublin City CouncilOctober 7, 2025

Dublin City Council
October 7, 2025