than typical buildings. The new lighting control system will further support efficient buildings through better daylighting and dimming features. Another environmental benefit of this project is the elimination of fluorescent bulbs and their mercury vapor hazard, which must be disposed of properly and are a risk if broken.
OUTREACH
No outreach was conducted during the lighting design, as this item is a routine matter of City business. Adjacent neighbors, the school district, and patrons will be given notice prior to the start of construction.
STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide strategic goal of Investing in Our Environment identified in the recently approved ONE Pleasanton Strategic Plan. The Library Lighting Improvement Project will promote the effective use of existing facilities through repair with a focus on environmental stewardship. Strategy No. 1 is implemented with the construction of budgeted project CIP No. 23493; and Strategy No. 6 is implemented with the buildings and energy priority items from the Climate Action Plan 2.0.
FISCAL IMPACT
This annual project is funded as part of Fiscal Year 2022/23 and received additional funding allocation in Fiscal Year 2023/24. The project’s total programmed amount is $1,330,754. The total anticipated project expenditure is $1,270,470, including a 15 percent project contingency, design, and advertising cost. The funding and anticipated project expenditures are detailed in Attachment 3.
Prepared by: Submitted by: Approved by:
Tom Mucha, Associate Civil
Engineer/Architect
Norm Dorais, Director of Public Works
Gerry Beaudin, City
Manager
Attachments:
1. Bid Summary
2. Professional Services Agreement and Exhibit A
3. Financial Expenditure Summary
Bidder 1 2 3 4 5
-9.3% $997,211.59 -1.7% $1,080,991.00 2.5% $1,127,000.00 17.6% $1,294,100.00 18.0% $1,297,489.37 Bid Item List
Item
No.
Quantity
(Approx) Units Item Description Unit Price T otal Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 497 EA Fixture Type A, LED $742.39 $368,967.83 $1, 161.00 $577,017.00 $1,500.00 $745,500.00 $2,150.00 $1,068,550.00 $1,304.72 $648,445.84 2 74 EA Fixture Type B, LED $808.55 $59,832.70 $1, 551.00 $114,774.00 $2,000.00 $148,000.00 $2,000.00 $148,000.00 $1,662.87 $123,052.38 3 1 LS Fixture Type C, (E) LED
Control Integration $7,479.09 $7,479.09 $2,823.00 $2, 823.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 $22,775.48 $22,775.48 4 1 LS Fixture Type D, (E) LED
Control Integration $2,493.03 $2,493.03 $5,585.00 $5, 585.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 $12,875.88 $12,875.88 5 13 EA Fixture Type E, LED $767.09 $9,972.17 $931. 00 $12,103.00 $1,000.00 $13,000.00 $600.00 $7,800.00 $927.66 $12,059.58 6 5 EA Fixture Type F, LED $9,573.24 $47,866.20 $755. 00 $3,775.00 $3,000.00 $15,000.00 $750.00 $3,750.00 $696.57 $3,482.85 7 8 EA Fixture Type G, LED $2,493.03 $19,944.24 $2, 025.00 $16,200.00 $3,000.00 $24,000.00 $750.00 $6,000.00 $2,585.83 $20,686.64 8 34 EA Fixture Type H, LED $879.89 $29,916.26 $1, 075.00 $36,550.00 $1,500.00 $51,000.00 $1,500.00 $51,000.00 $870.43 $29,594.62 9 2 EA Fixture Type I, LED $25,927.53 $51,855.06 $2, 822.00 $5,644.00 $1,375.00 $2,750.00 $500.00 $1,000.00 $1,676.53 $3,353.06 10 2 EA Exterior Fixture Type X,
surface mounted LED $4,986.06 $9,972.12 $4,635.00 $9, 270.00 $1,375.00 $2,750.00 $1,500.00 $3,000.00 $2,042.48 $4,084.96 11 1 LS Lighting Controls $219,386.76 $219,386.76 $292, 868.00 $292,868.00 $100,000.00 $100,000.00 $2,500.00 $2,500.00 $385,403.01 $385,403.01 12 1 LS Override Controller $169,526.13 $169,526.13 $4, 382.00 $4,382.00 $15,000.00 $15,000.00 $500.00 $500.00 $31,675.07 $31,675.07 LibraryLighting Improvements Project,
CIP No. 23493
Bid Opening: 12/20/2023
American Wholesale Lighting
Livermore, CA
Art's Construction Co
Fresno, CA
CN O'Neill Electric
Stockton, CA
Integra Constgruction Services
Pleasanton, CA
TOTAL BASE BID:
C
ollins Electrical Company
Stockton, CA
Bid Summary
DESIGN PROFESSIONAL SERVICES AGREEMENT
THIS DESIGN PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into January 1, 2024, between the City of Pleasanton, a municipal corporation ("City"), and Dahlin Group, Inc whose address is 5865 Owens Drive, Pleasanton, California 94588, and telephone number is (925) 251-7200 ("Consultant").
RECITALS
A. Consultant is qualified and experienced in providing General Architectural services for the purposes specified in this Agreement.
B. City finds it necessary and advisable to use the services of Consultant for the purposes provided in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:
1. Consultant's Services. Consultant shall diligently perform the services described in Exhibit A, Scope of Services, attached and incorporated to the extent consistent with this Agreement.
2. City Assistance. In order to assist Consultant in this work, City shall provide, if necessary, archive drawings and reports, related to existing City’s facilities, with no guarantee as to the accuracy of the archive drawings, City’s standard specifications and design guides, answering non-technical questions, reviewing consultant’s deliverables, and providing comments and direction in a timely manner.
3. Staff. Consultant shall assign Stephanie Fujimura to serve as Project Manager, who may not be replaced without written consent of City.
4. Term. The term of this agreement shall run from January 1, 2024, to August 31, 2024, to complete the Scope of Services described in Exhibit A.
5. Compensation. For the services to be rendered, City shall pay Consultant time and material basis and hourly rates as described more particularly in Exhibit A, which is attached and incorporated to the extent consistent with this Agreement. Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice. Total compensation for services and reimbursement for costs shall not exceed the Total Professional Fees described in Exhibit A unless the parties agree pursuant to Section 8, below.
a. Invoices submitted to City must contain City’s contract reference number, a brief description of work performed, hours and rates billed, and percentage of phase of work completed. Payment shall be made within thirty (30) days of receipt of Consultant's invoice.
Exhibits A & B
Certificate(s) of Insurance
Professional Liability Insurance
W-9
b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
6. Sufficiency of Consultant's Work.
a. Services shall be performed by Consultant in accordance with generally accepted high professional practices and principles and in a manner consistent with a high level of care and skill ordinarily exercised under similar conditions by members of Consultant’s profession currently practicing in California. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws and a high professional standard of care in California.
b. Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City.
c. Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to the City for acts, errors, or omissions of Consultant’s subconsultants.
d. Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and does not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with high industry standards, or the willful misconduct of Consultant.
7. Ownership of Work. All reports, work data, plans, drawings, specifications, designs, photographs, images, works of authorship and all other documents completed or partially completed by Consultant in the performance of this Agreement (“materials”) shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City, and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential, and
the materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services unless the City provides prior written consent.
8. Changes. City may request changes in the scope of services to be provided by Consultant.
Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.
9. Consultant's Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.
10. Labor Code/Prevailing Wages. To the extent applicable, Consultant shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation, and payment of prevailing wages as determined by Director of the California Department of Industrial Relations. Consultant shall post, at each job site, a copy of the prevailing rate of per diem wages. Consultant shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subconsultant.
11. Termination of Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.
12. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subconsultants.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law (including, without limitation, California Civil Code §§ 2782, 2782.6 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify, and hold harmless, the City and its officers, agents and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Consultant or its Subconsultants), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) arising from, or alleged to have arisen from, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, reckless, or willful misconduct of the Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”) in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, cost, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City's
acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. To the extent that there is an obligation to indemnify under this Section 13, Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, reckless or willful misconduct.
Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of such Indemnitee. Obligation to defend shall be proportionate as to Consultant’s percentage of fault as provided in California Civil Code § 2782.8.
14. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Consultant shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Consultant’s policies:
a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees, and agents are named additional insureds under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss.
b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence.
c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Consultant's employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000.
d. Professional Liability Insurance . Professional liability insurance in the amount of $2,000,000.
e. Certificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance
coverage required by this agreement. The City reserves the right to require complete certified copies of policies.
f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees, and agents.
g. Defense Costs . Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions. These requirements do not apply to Professional Liability.
h. Subconsultants. Consultant shall include all subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant: Gregor Markel To City: City Manager
Dahlin Group, Inc City of Pleasanton
5865 Owens Drive 123 Main Street, P.O. Box 520
Pleasanton, CA 94588 Pleasanton, CA 94566
16. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex, or religion of such person.
17. Licenses, Certifications, Copyrights and Permits. Prior to the City's execution of this Agreement and prior to the Consultant's engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant represents that its work will not unlawfully infringe any other copyrighted work. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.
18. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.
19. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information, or conclusions.
20. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or
investment that would be affected in any manner by the performance of Consultant’s services under this Agreement. If such an interest occurs, Consultant will immediately notify the City.
21. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition, or obligation.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.
23. Attorney's Fees. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action.
24. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.
25. 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 may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law), or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
26. Scope of Agreement. This writing constitutes the entire Agreement between the parties.
Any modification to the Agreement shall be in writing and signed by both parties.
THIS AGREEMENT is executed on the date first above written.
CITY OF PLEASANTON CONSULTANT
______________________________ By: __________________________ Gerry Beaudin, City Manager Gregor Markel, Senior Principal / VP
ATTEST:
______________________________ ___________________________ Jocelyn Kwong, City Clerk Tim M. Williams, CFO
Approved as to form:
_______________________________
Daniel G. Sodergren, City Attorney
[If Consultant is a corporation, signatures must comply with California Corporations Code §313] Rev. 11/23
EX
HIBIT A TO OWNER’S AGREEMENT
Dahlin Group, Inc. (“DAHLIN”) will provide design ser vices to CITY OF PLEASANTON (“OWNER”), for the LIBRARY LIGHTING CONSTRUCTION SUPPORT (“PROJECT”) in PLEASANTON, California (“CITY”) based on the following Project Description, Scope of Services, and Compensation noted herein, including the terms and conditions set forth in the OWNER’s Agreement dated ______________.
I. P
ROJECT DESCRIPTION
A. Location and Site Description:
Pleasanton Main Library
400 Old Bernal Ave
Pleasanton, CA 94566
B. General Project Description: In
terior renovation of the existing Library.
1. Interior Renovations of the existing Library Building are to include:
a. Interior light Replacement
b. Interior lighting controls and system replacement
c. Existing ceiling patch and repair as needed
Scope is based on previously completed Project Drawings -see OWNER’s Purchase Order: B-616 C. Project Consultants: Electrical Engineering services are included in the Scope of this Agreement.
D. S
tatement of Probable Cost:
DAHLIN is not responsible for providing Construction Cost Estimation services on PROJECT. Any review and/or evaluations of cost data, budgets, or estimates will not be interpreted as DAHLIN’s approval and/or ratification of such costs, budgets or estimates.
E. Project Schedule: Unknown at time of this Agreement.
F. D
esign and Construction Approaches:
Design-Bid-Build
G. Code Cycle: The design and construction documents shall be based upon applicable sections of the current (as of the date of this Fully Executed Agreement) code and local regulations.
H. Green Building Requirements:
It is not anticipated that PROJECT will be submitted to any outside certification / awarding parties for independent review, such as LEED, WELL, NZE, or Green Globes.
PROJECT NAME: L IBRARY LIGHTING
CONSTRUCTION SUPPORT
AGREEMENT DATE: December 21, 2023
DAHLIN PROJECT ID: P_2023_414
ARCHITECT: DAHLIN GROUP, INC. OWNER: CITY OF PLEASANTON OFFICE ADDRESS:
BILLING ADDRESS:
5865 Owens Drive
Pleasanton, CA 94588
5865 Owens Drive
Pleasanton, CA 94588
ADDRESS: 123 Main Street
Pleasanton, CA 94566
REPRESENTATIVE: Stephanie Fujimura, AIA LEED AP
Principal / Senior Architect
REPRESENTATIVE: Adam Nelkie
Pleasanton, CA 94566
PHONE: 925-251-7200 PHONE: 925-931-5657
EMAIL: [email protected] EMAIL: [email protected]
Exhibit A of OWNER Agreement December 21, 2023
CITY OF PLEASANTON – LIBRARY LIGHTING CONSTRUCTION SUPPORT Page 2 of 3
II. SCOPE OF SERVICES
A. PHASE 10.00 – PRE-DESIGN AND ASSESSMENT – Not included in this agreement B. PHASE 10.01 - PROGRAMMING AND CONCEPT DESIGN – Not included in this agreement C. PHASE 10.02 COMMUNITY & STAKEHOLDER OUTREACH – Not included in this agreement D. PHASE 30.0 - SCHEMATIC DESIGN – Not included in this agreement E. PHASE 30.1 - DESIGN REVIEW SUBMITTAL DOCUMENTS – Not included in this agreement F. PHASE 30.3 - DESIGN REVIEW REVISIONS – Not included in this agreement G. PHASE 40.0 - DESIGN DEVELOPMENT – Not included in this agreement H. PHASE 50.0 - CONSTRUCTION DOCUMENTS – Not included in this agreement I. PHASE 50.2 - GOVERNMENT AND AGENCY PLAN REVIEW – Not included in this agreement J. PHASE 60.0 – BIDDING – Not included in this agreement
K. PHASE 70.0 - CONSTRUCTION ADMINISTRATION
1. Prior to start of Construction, DAHLIN, OWNER, a nd General Contractor will have a pre-construction meeting to establish expectations for performance of Construction Administration and the scope of services described below. If the scope of services described below for Construction Administration are adjusted during or after this meeting, Additional Services may be required.
2. As the PROJECT proceeds into Construction, DAHLI N will provide Construction Administration services, limited to one hundred twenty (100) hours of professional services. The scope and fee herein are based on an estimated three (3) month construction period. Services required beyond that period and/or beyond the estimated hours are Additional Services. Scope may include:
a. Interpretation of the documents and responding t o Requests for Information (RFI’s); b. Reviewing and processing submittals limited to;
i. Review of initial submittal and one (1) re-submi ttal per product or material classification. ii. Additional review of submittals are Additional Service. c. Issuing ASI’s and processing Change Orders as re quested by CITY; d. Construction Project meetings and site visits li mited to:
i. Up to two (2) onsite meetings
ii. Up to one (1) onsite meeting and one (1) punch list site visits by DAHLIN’s Consultants, per discipline.
e. PROJECT Completion:
i. DAHLIN will provide up to one (1) onsite visits for punch. Backpunch (2nd+ rounds) are not included;
ii. One (1) site visit (each) to determine date of Substantial Completion and Final Completion.
L. PHASE 70.1 – AS DESIGN DRAWINGS
1. Compilation of DAHLIN’s designs for PROJECT incl uding the original Construction Documents plus all addenda, Architect’s Supplemental Instructions, Change Orders, Construction Change Directives and minor changes in the work as appropriate to reflect the design changes
2. Incorporation of Contractor's redlines and field changes to the Design Documents can be provided as an additional service.
Exhibit A of OWNER Agreement December 21, 2023
CITY OF PLEASANTON – LIBRARY LIGHTING CONSTRUCTION SUPPORT Page 3 of 3
III. COMPENSATION
A. FEE SUMMARY
SCOPE OF SERVICES HOURLY
ESTIMATE
II.B.1 PH 70.0 – CONSTRUCTION ADMINISTRATION
$20,350
II.B.2
PH 70.1 – AS DESIGN DRAWINGS
$1,000
TOTAL PROFESSIONAL FEES (HOURLY FEE ESTIMATE): $21,350
B. BILLING AND PAYMENT
1. Compensation may be subject to renegotiation if:
a. Agreement is not signed by both parties (fully e xecuted) within six (6) weeks of the date of this Agreement; or
b. Work is stopped for more than sixty (60) days; o r
c. Design Development starts beyond 18 months of th e date of this Agreement.
2. Invoices shall be based on the percentage of com pletion of the contract (Fixed Fee) or hours spent (Hourly Estimate), as well as expenses, and shall be issued monthly via email to the Project Representative indicated in this Agreement. Invoices are due upon presentation. Wire transfer or ACH information (including changes) must be verified through phone confirmation with DAHLIN’s CFO, Tim Williams at 925-251-7212, any deviation from this is at OWNER’s sole risk. OWNER shall review invoices and contact DAHLIN within seven (7) days if there are any questions or problems that would delay payment. Invoices become delinquent if not paid within 30 days of invoice date. Services may be suspended if not paid within 45 days, and DA HLIN shall not be liable to OWNER for delay or damage resulting to OWNER due to such suspension of services. Past due invoices are subject to a late charge of 1.5 percent per month.
C. 2023 BASIC HOURLY RATE SCHEDULE
President, Vice President, Founder $300
Principal, Director, Senior Principal, Senior Director $210 - $270 Senior - Architect, Designer, Project Manager, Planner, Interior Designer, Project Specialist $190 - $200 Architect, Designer, Project Manager, Planner, Multimedia Designer, Project Specialist $160 - $180 Job Captain, Interior Designer, Planner $130 - $160
Designer/Drafter $100 - $125
Administration $ 85 - $125
Rates effective through December 31, 2023 and may b e adjusted annually
Approved this date: ______________________________ _____ (Filled in by OWNER)
CITY OF PLEASANTON DAHLIN GROUP, INC.
________________________________ _______________ _________________ Adam Nelkie Stephanie Fujimura, AIA LEED AP
Senior Civil Engineer Principal / Senior Architect
License #C36523 and Exp. 03/21/2025
END OF EXHIBIT A
ATTACHMENT 3
CIP NO. 23493
01/16/24
Project Funding to Date Amount Totals
2022-23 CIP Allocation - Public Facilities Impact Fee (Fund 203) $68,000 2022-23 CIP Allocation - Miscellaneous CIP - General Fund (Fund 201) $332,000 2023-24 CIP Allocation - Miscellaneous CIP - General Fund (Fund 201) $900,000 *Dahlin Group, Inc. - Design for Interior & Lighting under CIP No. 14408 $30,754
SUBTOTAL FUNDING TO DATE
Project Expenditures to Date
Dahlin Group, Inc. - Design for Interior & Lighting under CIP No. 14408 $30,754 Dahlin Group, Inc. - Design & Bidding costs under CIP No. 23493 31,531 Miscellaenous Expenses (Preconstruction Costs) 9,923
Total Project Expenditures to Date $72,208
Anticipated Project Expenditures
Advertising Cost $800
Dahlin Group, Inc. - Construction support services (New Contract) 21,350 Dahlin Group, Inc. - Remaining Encumbrance for Design & Bidding 28,900 American Wholesale Lighting - Construction Contract 997,212 Construction Contingency (approx. 15%) 150,000
Anticipated Project Expenditures $1,198,262
TOTAL PROJECT EXPENDITURES
Funding Balance/ (Shortfall)
Project Balance $60,284
LIBRARY LIGHTING IMPROVEMENTS PROJECT
$1,330,754
$1,270,470
Item #12
CITY COUNCIL AGENDA REPORT
January 16, 2024
City Manager
TITLE: RECEIVE AN UPDATE ON THE DIVERSITY, EQUITY, INCLUSION AND
BELONGING IMPLEMENTATION PLAN
SUMMARY
In 2022, the City Council authorized staff to complete a diversity, equity, inclusion and belonging (DEIB) study customized to the specific needs and culture of the City organization.
This study advances the City Council priority of developing a Diversity, Equity, and Inclusion (DEI) Strategic Plan to create an effective and sustainable culture of equity and belonging.
Since then, staff has undertaken steps to advance this critical work, including completing a City organization-wide DEIB study, convening a task force of City staff, developing recommendations and an action plan, and engaging a DEI consultant to continue the implementation work. Staff will present an update on the status of the work to date and next steps.
RECOMMENDATION
Receive an update on the diversity, equity, inclusion and belonging implementation plan
BACKGROUND
Development of a Diversity, Equity, and Inclusion (DEI) Strategic Plan was included in the Fiscal Year 2019/20 City Priorities Work Plan. While temporarily delayed due to the pandemic, this work was restarted in 2022 to address the priority, which stated that the DEI strategic plan would “identify, analyze and address equity gaps in [City] services…and establish appropriate benchmarks, programs, policies and implementation strategies and systems to lift up all populations in our community.”
In November 2022, the City Council authorized staff to hire MGT of America Consulting, LLC (MGT) to conduct a City organization-wide DEIB assessment. This assessment included a staff survey, focus groups, and an evaluation of City policies to identify strengths and challenges regarding the City’s organizational culture which culminated in assessment findings and a series of recommendations. In Spring 2023, those recommendations were used to develop a City DEI Action Plan (Attachment 1) with the input and collaboration of a working group of 21 staff members.
DISCUSSION
The City's DEI Action Plan outlines four strategic priorities:
1. Embed a culture of diversity, equity, and inclusion in the fabric of all City of Pleasanton work. This priority includes foundational tasks to build an organizational culture of DEIB, including: engaging staff in development of DEI mission, goals, and values; committing adequate resources (staff, budget) to the work; establishing a permanent internal DEI committee; and developing a DEI behavior code and dashboard
to report progress.
2. Create and implement a comprehensive DEI training plan with participation from all staff members. This priority focuses on developing and promoting DEIB resources and toolkits, including accountability measures such as performance management to enhance the City’s culture of DEIB.
3. Strengthen talent recruitment, selection, development, and retention. This priority aligns with the City’s focus on becoming the employer of choice for the region, by evaluating and strengthening current practices around hiring and recruitment to attract top talent, maximize retention and support employee growth.
4. Align external-facing work with Pleasanton's DEI mission, core values, and strategic plan. This priority seeks to ensure that the City’s external work and services reflect these DEIB principles, including community engagement and communication.
To advance this work staff recommended and the City Council authorized funding for a DEI manager position in the two-year budget; however, the City Manager has held back on funding this position as we continue to evaluate the City's budget. To maintain forward progress on this important initiative, the City has contracted with Dr. Lamont Browne of Triangle Advising Group, to provide DEI consulting services from December 2023 through June 2024. Dr.
Browne will provide expert guidance, support, and leadership, including creating and leading a City DEIB Taskforce and DEIB Council to implement the DEI Action Plan. Building the framework to embed DEIB best practices in the City organization is an essential step toward continuously improving the organization’s ability to deliver quality services to the public by hiring and retaining top talent.
EQUITY AND SUSTAINABILITY
This program is aligned with the City’s equity goals and the City Council priority to develop a City DEI Strategic Plan, the implementation of which will advance a culture of equity and inclusion in the organization.
OUTREACH
To develop the DEI Action Plan, staff and the consultant engaged with City staff in multiple formats, including a staff survey, focus groups, and input and collaboration with a working group of 21 staff members over a series of workshops to outline the strategic priorities.
STRATEGIC PLAN ALIGNMENT
This work directly advances several ONE Pleasanton Citywide strategic goals under Optimizing Our Organization, specifically: Strategy 1: Implement the City’s diversity, equity, and inclusion action plan within the City organization; and Strategy 5. Develop employee recruitment strategies to position Pleasanton as the employer of choice for the region.
FISCAL IMPACT
There is no fiscal impact associated with receiving this update and presentation. Expenditures needed to implement specific strategies in the action plan will be allocated from department budgets.
Prepared by: Submitted by: Approved by:
Alexa Jeffress, Deputy City
Manager
Alexa Jeffress, Deputy City Manager
Gerry Beaudin, City
Manager
Attachments:
1. City of Pleasanton - DEI Action Plan
City of Pleasanton DEI Action Plan
A. Engage staff in the development of a DEI mission statement, goals, core values, and performance expectations for City representatives that is reflected in the services we provide to the community.
B. Provide adequate resources such as budget, time, and people to guarantee DEI success and adequate staff involvement.
C. Establish an independent DEI office that reports directly to the City Manager.
D. Launch a permanent DEI committee consisting of representatives from each City department.
E. Develop a DEI Behavior Code for City representatives that details how to enact shared DEI values.
F. Use a DEI progress dashboard to demonstrate transparency of goals, metrics, and action plan progress.
Strategic Priority 1
Strategic Priority 2
Strategic Priority 3
Strategic Priority 4
Embed a culture of diversity, equity, and inclusion in the fabric of all City of Pleasanton work.
A. Create and implement a comprehensive DEI training plan with participation from all staff members.
B. Provide and promote the use of DEI toolkits for people managers and staff.
C. Hold leaders and all staff accountable to practicing and promoting DEI principles D. Enhance our culture through team-building and cross-departmental engagement opportunities.
E. Revise performance management process to include DEI metrics and top-down and bottom-up feedback on a frequent basis.
Create and implement a comprehensive DEI training plan with participation from all staff members.
A. Conduct an assessment to strengthen current talent practices such as recruitment, background check requirements, marketing, selection, and promotion to attract and identify candidates (who align with our DEI statement and values).
B. Review and update job descriptions to ensure accessibility and transparency of requirements with the needs and expectations of each role.
C. Identify and support opportunities to maximize retention through improvements in the employee experience.
D. Support employee growth through mentorship, training, career development opportunities, and individualized action plans.
Strengthen talent recruitment, selection, development, and retention.
A. Ensure alignment of our external work with the Pleasanton strategic plan, budgeting priorities, and new initiatives.
B. Conduct an external-facing assessment that includes input from residents and other key stakeholders.
C. Develop and implement a community-driven DEI Action Plan based on assessment findings.
D. Provide adequate resources for ensuring positive interactions between external-facing employees and the Pleasanton community.
E. Strengthen external communication and outreach to enhance community partnerships, multicultural understanding, and public engagement.
Align external-facing work with Pleasanton's DEI mission, core values, and strategic plan.
Attachment 1