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HomeMy WebLinkAbout7.1 DonlanWyAreaConsultntCITY CLERK File # E]Goblmso AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 3, 2003 SUBJECT: ATTACHMENTS: RECOMMENDATION: FINANCIAL STATEMENT: BACKGROUND: Consultant Selection for Historical Resource Identification and Archaeological Assessment within the Donlan Way Area Report Prepared by: Andy Byde, Senior Planner 1. Page and Turnbull Statement of Qualifications 2. William Self and Associates Statement of Qualifications 3. Resolution Awarding Contracts 4. Contract with Page and Turnbull 5. Contract with William Self and Associates Adopt Resolution (Attachment 3) Selecting: Page and Turnbull (Historical Resource Consultant) and William Self and Associates (Archaeological Resource Consultant); and authorizing the City Manager to negotiate and execute the Contracts, not to exceed $16,600 and $7,150 respectively. The 2002-2003 Community Development Department budget includes $24,000 for consulting services associated with the preparation of the Donlan Way Specific Plan. The total of these two contracts as identified above, is not to exceed $23,750. On March 19, 2001, during the Goals and Objectives session, the City Council requested Staff, as a high priority, to develop plans for a historical district designation on the Donlon Way area. On June lst, 2001 the Community Development Department received an application for a Site Development Review, proposing to redevelop the property known as the Dublin Square within the Donlon Way area, with a new, three-story, 89,000 square foot office building. At the City Council meeting of June 19, 2001, the Council voted 5-0 to table the consideration of an Urgency Ordinance to impose a moratorium within the Donlon Way Area. The Ordinance was being considered in light the application for the new office building. The proposed office building application has since been withdrawn from review. At the July 3, 2001, City Council hearing, Staff presented two options to the City Council for further actions, option 1 was a Study Session to examine the scope and the desired direction of the proposed historical district designation for the Donlon Way area and the integration of the Dublin Square property into the designation area; option 2 included initiation of a Specific Plan for the Donlon Way area. The ------------------------------------------------------------------------------------------------------------- COPIES TO: In House Distribution Page and Turnbull � William Self and Associates IE ITEM NO. 7,p Specific Plan process would include: (1) economic analysis to examine financial constraints and financing options; (2) a public participation component to determine the needs of the property owners and wishes of the public; (3) design guidelines to determine appropriate design criteria for the area; and (4) a land use analysis to determine a compatible mix of appropriate land uses. The City Council voted to proceed with a study session to examine the Donlon Way area. At the conclusion of the study session the Council voted to undertake a Specific Plan for the Donlon Way area. In late 2001, the application for the new 3- story office building was withdrawn. The City Council at the 2003/2004 Goals and Objectives meeting, voted to carry over, as high priority, plans for Historical District designation of Donlon Way and evaluate the historical potential for the Donlon Way area and complete a new Specific Plan and Zoning for the area. As part of the 2002-2003 budget, the City Council provided funding to prepare a Specific Plan/Historical District for the Donlon Way area. To provide the background information on the existing historical/archaeological resources, Staff determined that experts in historical/archaeological resources would be necessary to assist in developing the base information of the Specific Plan/Historical District. An RFP was prepared and sent to 5 historical/archaeological resource firms. Staff interviewed two of the firms. As a result of the interviews, two firms appear to be the most qualified to assist City Staff in the preparation of the Specific Plan/Historical District. Specifically, Staff has identified Page and Tumbull for the historic resources identification and design guidelines tasks and William Self and Associates for the archaeological assessment. Page and Turnbull: Page and Turnbull is an architectural firm, which focuses on historic resources and preservation. Page and Turnbull has conducted dozens of resource identification, restoration, preparation of design guidelines, and preservation plans throughout California for private and public clients. Their proposed scope includes the following tasks: · Research primary sources and secondary sources to determine ownership, dates of construction, architect/builder, building alterations and other changes that have occurred over time in the area; · Conduct a reconnaissance survey of the Donlon Way area; · Recommend a boundary for the proposed District; · Prepare a map and narrative that compiles existing and newly collected information that identifies properties that need to be formally surveyed; · Survey all properties determined to be historically significant and complete Department of Parks and Recreation [DPR] 523 A [Primary Record] and 523 B [Building, Structure, and Object Record] for each property; · Prepare concise descriptive design guidelines for rehabilitation and new construction within the area; · Present findings to Heritage and Cultural Arts Commission and City Council; · Present final report to the City Council. William Sel£and Associates: William Self and Associates is a full-service cultural resources firm that works throughout California and the West, with experience in every facet of historic and prehistoric archaeological investigation. Their proposed scope includes the following tasks: · Conduct the necessary archival research and field surveys to define what previous archaeological assessment has been conducted for potential cultural resources in the Donlon Way Specific Plan area; · Identify potentially pre-existing sites including historic and prehistoric cultural resources identified during archival or field investigation; · Make recommendations as to the need for further site definition and/or preservation. RECOMMENDATION: Staff recommends that the City Council (1) adopt the Resolution (Attachment 3) selecting Page and Turnbull (Historic Identification Consultant) and William Self and Associates (Cultural Resources Consultant) and authorizing the City Manager to negotiate and execute the contract with the consultants for amounts not to exceed $16,600 and $7,150 respectively. ~ntroduct~on Page & Turnbull is pleased to present qualifications to the City of Dublin to conduct a comprehensive Historic Resources Identification Program and Design Guidelines. We are currently completing two similar projects for the City of San Jose in the Nadonal Register-listed Downtown and the St. James Square Historic Districts and have recently been selected to conduct a Historic Resources Inventory for the City of St. Helena. Page & Turnbu[[ Firm Profile Page & Turnbull is the oldest architecture firm in the San Frandsco Bay Area dedicated to historic preservadon. Our staff of t~venty includes ten ~chitects, five architectural interns, and an archStectural historian. All our professional staff meet or exceed, the Secretary of the Interior's Historic Preservation Professiona/ ~ua/ificatio~ Standards. Our Frrm began in 1973 conducting historic resources surveys for corranunities throughout the western United States. Twenty-five years ago, the firm completed Splendid ~?urvivor& a survey of the historic resources in downtown San Frandsco. This survey serves as the basis for the Downtown H/stoL-ic Preservation Element of the San Francisco Planning Code. In addition to notable architectural proiects (the rehabLlim- t/on of the Ferry Building, the Palace Hotel, Pacific Gas & The re, romve.c mrr.ey cov¢/eted /?y lhi,'firm in live k~le l Y70s became Electtdc headquarters, and the U.S. Court of Appeals in San /he/;a.,'/r q' lh£f/;ooA. 3'filendid .;~rt.ivors. and lhe l)oJvn/,;,m Francisco), the firm has continued to pursue h/stonc l fi. t~otz'c Pre. rer~Jlio~ glemen/ (;/' ~& J}m Frami~ro Ptmnbig dr;&. resources surveys, design guidelines and documentation projects. Page & Turnbut[ Relevant Experience = Dogpatch Neighborhood Survey, San Francisco. Client: Dogpatch Neighborhood Association. Redpient: San trrandsco Beau~ifu/ Award, 2002. :' Page & Turnbull conducted a Historic Resources Survey on over 125 properties in this residential enclave located in the rrfiddle of San Francisco's industrial central waterfront. The intensive snrvey entailed the completion of DPR 523 A & 13 forms for each properS. The project also entailed photographing and mapping each resource and the development of a historic context statement. Dogpatch is a compact district of industrial workers' housing that developed between the late 1860s and the First \Vorld War. I-[istoric District status is now under review. Blue Wing Inn, Sonoma. Client: California Department of Parks & Recreation. t~edpient: CaLifornia Preservation ~ou,da~io~ ~/lward, 2003. Page & Turnbull prepared a Historic Structure Report for tkis 1840s-era adobe structure in Sonoma. The report documents the building's construction history, analyzes its historic building materials and construction techniques, documents its existing conditions and structural problems, ~3/,,~ IVin~ lnn materials deterioration and finally recommends specific treatments to guide restoration. San Jose Downtown and St. James Square Client: San Jose Redevelopment Agency. Page & Turnbull is completing sim/lar projects in two distinct National Re~ster Landmark districts in do~vntown San Jose. 13otb projects involve conducting a reconnais- sance survey of each district and preparing design guide- lines for the reuse of existing buildings and new construc- hon. The downtoxxm sur~,ey and design guidelines- is being Go/den Gate ,'l,lu.,ic C0n~'ourre undertaken within San Jose's historic cie' center core; the St. James Park survey is taldng place in and around a nearby Olmstead-designed public park. Golden Gate .Park Music Concourse, San Francisco. Ctienr: EIP Associates Page & Turnbull, as historic preservation consultant, 724 I~INE STREET $A.N FRANCISCO, CALIFORNiA94IO8 'r'.,~_ 4~5.362.5~54 WX 415.36Z.5560 PAGE &TuRNBULL 519N. CHARLESST.,STE.250 BALTIMORE,MD2~2~= TEL 4~O.385.9973 VaX 4IO.385.9974 prepared .~n Evaluation of the Potential Effect of the Proposed Go/den Gate _Music Comvurse Underground Parking Structure on .. Histoffaa/Resources ~ comp~ance ~ the Ca~for~a Env~on- ' ~ tmpact Report, o= study presents ~e resdts of an archtec- ~al survey and ~pact assessment to idenfi~ ~stofic re- so~ces ~ ~e project area and to evaluate ~e potenfi~ effect of the proposed project on ~is Nstohc prec~ct ~ Golden Gate Park. u California Academy of Sciences, Golden ~ate Par~ San Francis co. CSent: EIP Associates Page & T~rnbu~, as t~stohc prese~-afion consultant, con- Cah]hraia .~l~de~ ~ S&nces ducted an arcI~tecmral survey and ~pact assessment for d~e proposed new Cahfornia Academy of Sciences (CAS). ~e current Academy is a complex of 12 b~gs cons~ucted be~een 1916 and 1989. The new cons=ucfion is subject to review under the provisions of CEQA. The study exa~es the effect consmucfion wo=ld have on Nsto~c resources located in fl, e vicini~ of the project, wifl~ an emphasis on dae e~s~g Academy complex. The new 379,400 sf bu~ng would be located on ~e site of the current Academy, on ~e south side of the Music Concourse. .S~tz Fram=Svo l.t,/mtn5 ~IdmimSgr~ion u San Francisco Veterans Administration Medical Center C~ent: No=them Ca~fomia lnsfi~te for Rese~ch & Education Page & Turnbu~ was selected as historic preservation architect by to perform the assessment of the Vetera=s Ad~nis=afion Medical Center ~AMC) in San Francisco. This is &e ~fial step in comple~g a National Re,stet no,nation for the properU~ The VAMC is a~ ~t Deco-sb-te campus bugt in ~934. = Will Rogers State Historic Park, Pacific Palisades. Client: California Department of Parks & Recreation. Page & Turnbull completed a Historic Structure Report (HSR) .5'/able a/il$"i//Roge~r 5tale fqMoric lOar/,--. for the ma/n house, hay barn, stables and an architectural study for the remaining historic outbuildings on the 186-acre estate. Phase' One of the txvo phase project, the HSR for the 31-room ranch house was completed in 200t. Phase Two, completed in April 2002, includes a study and analysis of the stable, hay barn, guest house, gate house, carpenter/blacksmitl~ shop, brood mare barn and foreman% quarters. %X/e are currently participating on a H/Storic Landscape Master Plan for the park that will enable improvements to be made without endangering the historic resources or character of the property. Pond Farm Pottery Studio, Sonoma County. Client: California Department of Parks & Recreation. Page & Tumbull is charged with completing Level II I-D\BS documentation and a Historic Structure Report, with measured drawings and large format black and white photographs for the historic artists' colony located outside of Guerneville. The HSR documents the history of the site, analyzes structural condition and concludes with recommendations for restora- tion, reuse and/or interpretation of three buildings in the complex: a converted 1870s-era barn that was converted into a ceramic studio in 1942, a circa-1942 dxvelling that was ori0nally world-renowned ceramist Marguerite Wildenhain's home, and a 1960s-era guesthouse. Casa Amesti, Monterey. Client: Old Capitol Club and the National Trust for Historic Pres ervation Page & Turnbutl prepared a Historic Structure Report for this 1830s-er,q building detailing the history of the property, and its current condition, developing reco~ru,nendations for the pres_ervafion of the building's historic spaces, features and elements, and devising several strategies for accessibilit55 structural and materials restoration projects. The f'zrm oversaxv completion of a structural strengthening and improvements project for the building's tenant, the Old Capitol Club. Additional project listing may be found in the next secdon of this submission. Page & Turnbutt's RetiabiHty and Continuity Inherent to the success of dais firm is that we have built a staff of specialists where each member complements another. Each of our principals has a tenure of longer than a decade, and we believe we are the f'zrm of choice for those beginning the/r careers in architec- ture and historic preservation. For 30 years the Fzrm has worked ha all facets of historic preservn- 724PiNESTi~,EETSANFRANCi$CO, CALIFOKNIA9410$ T~:~ 415.362.5154 FAX 4zJ.36z.556o PAGEOTURNBULL 5~gN. CHAKLESST.,STE-2-SOBALTIMO~.E, MDZT~;-OI ¥~ 41o.385.9973 :~,xx 41o.385.9974 don including architectural services and historic documentation. Our continued success lies in our ability to provide services oriented to our clients' time and budget considerations. About 75 percent of our work comes from repeat clients including Stanford University, the Universi~' of California, and the California Depart- ment of Parks & Recreation. Staffing Capability & Meeting Schedules Page & Turnbull is pleased to make dee commitment of the follow4ng staff to be assigned to the City of Dublin's Hastoric Resources Identification program: Frederic Knapp, ALA, Principal in Charge. M. &ch, Syracuse University; BA, Tzinky College. In practice since 1985; with Page & TurnbuI1 since 1988; principal since 2002. Currendy; Mx. I(mapp is the principal in charge for the Montgom- ery Hotel in San Jose, which is a rehabiJkation into a luxury boudque hotel, and the New Century Plzn at the Urdversi~r of California, Berkeley, responsible for development oF the historic pordon of the Master Plan. Christopher VerPlanck, Archkecmral Historian, P.roiect Manager. M. Aa-chH, University of Virginia; BA, History, Bates College. Worldng in the field since t996; with Page & Turnbuli since 1999. Nk. VerPlanck has recently completed the Historic Resources Study for the Golden Gate Park Music Concourse and for the California Academy of Sciences. Duz4ng his graduate studies he served as assistant to the architectural conservator of Monticello and wrote his master's thesis on John Cotter Pelton, Jr., late 19th century San Tl~e Univer. ffty Cc Ca4fornia az Berkek~,5' Ne~: Cenzug; P~an Francisco architect and publisher of "Cheap DwelHngs." Mr. ~rli~x~lm' ~/2e ~oaLr and.~zddin~ pr~}tcipk.r jhr qerc, lionalandfvh, y. rica]plans, l~ge e[~ T~rnhufl preflaved Ihe VerPlanck joined Page & Turnbull to complement the architectural c~dlura/re.wurcesdetnenl of/lee Ne;~: (2~nl~t(y Ptm. staff in the assessment and understan~ng of historicaEy si~ifi- cant properties. He has been responsible for kvridng ~sto~c S~ucmre Reports for tXz~ Rogers State PEstoric P~k, Blue Wing Inn, ~ssion &mo~ - San Francisco, Berkeley Old Ci~' Counc~ Chambers and Davis/Shorb House, Berkeley. Complete resumes may be found in the next secdon of this sub~ssion. William Self Associates, Inc ~' Company Profile William Self Associates, Inc. (WSA) was established in 1988. A California Corporation, it is one of the most respected full-service cultural resource management firms in the state, covering all aspects of the discipline, including maritime archaeology and remote sensing. With offices in Northern and Southern California, WSA conducts work throughout California and the west. Mr. Self(lee in photo), with over 30 years experience in historic and prehistoric archaeological investigation historic preservation compliance, serves as President and Archaeologist. He has served as a USFS Forest Archaeologist, State Archaeologist for the State of Nevada, and corporate archaeolo with Bechtel Group, working worldwide. Dr. James M. Allan (right in serves as Vice President and Principal; Dr. Allan has more than 15 experience in maritime, historic and prehistoric archaeology in C ~:~ and throughout the U.S., and is an adjunct professor of archaeology at St.: ~ College in Moraga, i':;:':~::i:: ~ Ca. Both Dr. Allan and Mr. ~ ~ ;elf are Re Archaeologists, are most senior staff. WSA conducts archival, records, and literature searches, terrestrial and maritime field surveys and sensing, site testing and excavation, laboratory analyses and all aspects of report preparation. Senior .) and junior staff qualified in literature and record and historic, maritime, architectural, prehistoric field survey, excavation, and artifact analysis employed on both a permanent and temporary (as needed) basis. All Senior Associates meet or exceed the Secretary of Standards (36 CFR 61) in Archaeology. WSA maintains complete laboratory for artifact cataloging, analysis and conservation, and utilizes comparative collections of artifacts and plant and animal remains at both U.C. Berkeley and State Ha~vward. WSA also utilizes available technical services on an as-needed basis, including Obsidian hydration analysis, ray fluorescence, ethnobotanical studies, carbon-t4 anal' :~.:~, and others. In coordination with local Native American tribal representatives, WSA has excavated and analyzed more than 600 prehistoric human burials prior to their reinterrment. WSA utilizes state-of-the art equipment, including a Trimble GeoXT GPS receiver capable of centimeter accuracy, and ArcView 8.3 GIS software for plotting and cataloging data of all types. WSA has conducted historic preservation work on more than 150 federal (NHPA Section 106) projects throughout the western U.S., has inventoried more than 500 linear miles and 30,000 block acres in the recent past, has documented more than 1,000 historic, prehistoric and architectural resources, and has excavated and analyzed more than 600 prehistoric human burials in conjunction with local Indian representatives. WSA has conducted scores of projects subject to NHPA Section 106 in the previous five years, has prepared and implemented SHPO Agreement Documents, including Memoranda of Understanding With Native American tribal groups, and has worked closely with numerous State Offices of Historic Preservation on all aspects of the Section 106 historic preservation review and compliance process Reports on federally-sponsored Section 106 projects meet the Secretary of Interior's Standards and Guidelines for format and content, as do all aspects of historic property identification, survey and docurnentation. WSA has also completed more than 400 California Environmental Quality Act projects, involving EIR setting, impacts and mitigation section preparation, mitigation plan development, ~struction monitoring. WSA has also conducted site testing and data recovery as to satisfy CEQA Sections 15064.5 and 15126.4. has conducted National Historic Preservation Act and CEQA cultural studies throughout California, from Modoc and Humboldt counties in the to San Diego and Riverside counties in the south. We have conducted and record searches with all of the eleven Information~ '.enters in the California Historic Resources File System. We have transmitted dozens of projects through the California SHPO in Sacramento, and are currently working with staff at that office on existing projects. WSA has also worked on projects for the California Energy Commission, California Public Utilities Commission, and State Lands Commission. WSA has recovered and reburied hundreds of Native American burials in consultation with State-appointed Most Likely Descendents, and has worked closely with more than twenty tribal groups in California and Nevada on survey, testing and monitoring projects. WSA also has recent experience in Oregon, Washington, Arizona, New Mexico, Louisiana and Illinois. RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING CONTRACT AGREEMENTS WITH CONSULTANTS FOR THE HISTORICAL RESOURCE IDENTIFICATION AND ARCHAEOLOGICAL ASSESSMENT WITHIN THE DONLON WAY AREA WHEREAS, the Dublin City Council requested Staff, as a high priority, to develop plans for a historical district designation on the Donlon Way area; and WHEREAS, the Staff requires additional professional services from qualified consulting firms to assist with background information of the plan; and WHEREAS, the firm of Page and Turnbull and William Self and Associates are qualified and capable of preparing the necessary background information of the Specific/Historical Plan as described in the Scope of Services in Exhibit A of the Consulting Services Agreement between the City of Dublin and Page and Turnbull and the Scope of Services in Exhibit A of the Consulting Services Agreement between the City of Dublin and William Self and Associates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the contract agreements for consulting services with Page and Tumbull and William Self and Associates and authorizes the City Manager to negotiate and execute the contracts, in the amount not-to exceed $16,600 and $7,150, respectively. PASSED, APPROVED AND ADOPTED this 3rd day of June, 2003. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 3 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND Page and Turnbull THIS AGREEMENT for consulting services is made by and'between the City of Dublin ("City") and Page and Turnbull ("Consultant") as of 2003. 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 date first noted above and shall end on September 30, 2003, and Consultant shall complete the work described in Exhibit A prior to the date specified in Exhibit A, 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 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 in the geographical area in which Consultant practices its p¢ofession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 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 Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $16,600, 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 between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, 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, Consultant shall not bill City for duplicateservices performed by more than one person. Consulting Services Agreement between I City of Dublin and Page and Turnbull Page 1 of 11 · ATTAChmENT Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 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. 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; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing. the work, the hours spent by each person, 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, agerit, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total, number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 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 I~ave 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 sixty (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 pursuantto this Agreement. Consulting Services Agreement between ':. City of Dublin and Page and Tumbull Page 2 of 11 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 following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed two hundred and fifty dollars ($250.00). Expenses not listed below 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 in order to verifY costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may adse from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactow to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such Consulting Services Agreement between City of Dublin and Page and Turnbull Page 3 of 11 insurance shall be included in the Consultant's bid. 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 thereof to City. Verification of the required insurance, shall be submitted and made part of this Agreement prior to execution ~ 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation :Insurance and Employer's Liability Insurance for any and a perSonsemp oyed d rectly or.indirectly by Consultant: The Statutory Workers' Oompensat on nsurance arid Employer's Liability Insurance shall be provided with limits of not less than ONE'M LL ON BOLLARS ($~1,000 000~00) per accident. In the alternative, Consultant may~rely on a self-nsurance, program to meet those requirements, but only if the program of self-inSurance cornpl es fully with the provisions of the California Labor Code .Betermination o'f,whether,a self-insurance program meets the standardS of the Labor Code Shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive a I rights of.subrogation against theCity and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be: suspende~l, voided, canceled by either party, reduced in coverage or in limits, except after'thirty (30) days' prior written- notice by certified mail, return receipt requested, has been given to the City. 4.2 Commercial General and Automobile Liability Insurance. 4.2,1 .General requirements, ConSultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) 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, pr°tection :against claims arising from bodily and perSonal injury, including death resulting therefrom, and damage to property resulting from activitiescontemplated under this Agreement; including the use of owned and non- owned automobilesl 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as' nsumnce ServiceS Office COmmercial General Liability occurrence form CG 000~ (ed,. 11/88)or Insurance SerVices Office form number GL 0002 (ed. 1/73) covering comprehenSive General Liability and Insurance-Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile cOverage shall be at leaSt aS broad as Insurance Services Office ConsUlting Services Agreement between City of Dublin and Page and Turnbull Page 4 of 11 Automobile Liability form CA 0001 (ed. 12/90)'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 an endorsement to the policy: a. City and its.officers,-employees; agents, and volunteers shall be covered aS insureds with respect to each of the following: liability arising out of activities performed by or on behalf of ConsUltant, including the insured's general supervision of ConsUltant; products and completed operations of Consultant; premises owned, occupied, or used by Oonsultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain-no speCial'limitations On the scope of protection afforded to City or its officers, employees, agents, or volunteerS. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made bas~s. An endorSement must state that coverage is primary insurance with respect to the City and its officerS, officials, employees and volunteerS, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage .provided to CITY and its officerS, employees, agents, and volunteerS. e, An endorSement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' pdor written notice by certified mail, return receipt requested, has been given to the City. 'Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected mutually by the City and the consultant, and hold harmless the City and its officials, officerS, employees, agents, and volunteerS from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising.out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal:law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligenCe or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance Consulting Services Agreement between City of Dublin and Page and Turnbull Page 5 of 11 ' certificates and endorSements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or. not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 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, 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 Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 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 No Aqent. Except as City may specify in wdting, 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 applicable to the' performance of the work hereunder. 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 Consulting Services Agreement between , --, -- City of Dublin and Page and Turnbull Page 6 of 11 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 ofthis Agreement any licenses, permits, and approvals that are legally required to practice their.res pective profesSiOns, n 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, religion, color, nationatorigin, age, phySical.or mental handicap'or disability, medical condition, marital status sex, or sexual orientation, against any employee, applicant for emPloYment, subcontractor, bidder for asubcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant. shall comply with all applicable federal, state, and Ioca laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision.of any services that are the subject of this Agreement, including but nOt limited to the satisfaction of.any positive obligations required of Consultant thereby. 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 thirty 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 corn pensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or ali 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 extensi°n 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 Consulting Services Agreement between City of Dublin and Page and Turnbull Page 7 of 11 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 rec0gni;e and.agree that this Agree'ment contemplates Personal.performanCe bY CO~suitant and'liS:based upon a determination of Consultantls un que persona competence, experience, and specialized personal knowledge, Moreover a substantial inducement to City for entering into this Agreement was and is the prOfessional reputat on and' competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Oonsu rant shal not subcontract any portion of the performasce contemp!ated and prOVided for herein, other than to.the subcontractors noted in the proposal, without prior wdtten 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 included~ but not be limited to, the folloWing: 8,6,1 Immediately tei'minate the Agreement; 8.6.2 Retain the plans, spec fications, drawings, reports, design documents, and any other work product prepared by Consultant .pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6,4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created 'as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in e ectronic 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 Consulting services Agreement between City of Dublin and Page and Turnbull Page 8.of 11, 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, untit final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without priorWritten consent of both parties. 9.2 Consultant's Books 'and Records, Consultant shall maintain any and all ledgers, books 0f 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 three (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 Section 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 TEN THOUSAND DOLLARS ($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 three (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 Severabi~ity. '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 orin part of any provisi°n 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. ConsUlting Services Agreement between ' City of Dublin and Page and Turnbull Page 9 of 11 ~' 10.5 Successors and ASsigns. The provisions of this Agreement shall inure to the benefit ofr 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 0f 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 W0uid:vlOlaie California Government Code Sections 1090 et seq. Consultant hereby warrantS that it is not.now nOr has it been in the previous twelve (12) months, an employeei agent~ appointee, or officia! of the City, If Consultant was an employee, agent, appointee, or official of the City in the previous twelve 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 Government Code §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 expensesl 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 Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 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 Community Development Director or their designee ("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: Fredrick Knapp, AIA 724 Pine Street San Francisco, CA 94108 Any wdtten notice to City shall be sent to: Eddie Peabody, Community Develol~ment Director 100 Civic Plaza Dublin, CA 94568 Consulting Services Agreement between City of Bublin. and Page and Turnbull Page 10 of 11 Professional Seal Where applicable in the deterrnina~n of the contract administrator, th~ ~t--page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped~sealed and signed by the licensed professional responsible for the re~rt/design preparation. The stamp/seal shell be in a block entiUed 'Seal and Signature of Registered P. rofessional with tape.design ~esponsibltity," as in the following example. Seal ~d ~tgnatur~-Registered FTrofessienal with report/design responsibility. ~10.12 ~ This Agreement, including the sc. ope of work attached hereto and incorporated herein as ~_E.7.hibit A, represents the entire end integrated agreement between City and Consultant and supemedes all prior negotiations, representations, o~ agreements, either written or oral. CITY OF DUBLIN CONSULTANT [NAME TITLE] Fred.~Is ~c~.~pp, 'P.~qncip~.l Attest: Kay Keck, City tied( Approved as to Fo~m: Efizabeth'H. Silver, City Attorney Cons~ltir~g SaUces Agreement between "-- May 20.2003 C~7 of Dublin and Page a~ Tumbull Page 11 of 11 EXHIBIT A SCOPE OF SERVICES , Donlon Way Area Historical Resources Identification Program Scope of Services It is our understanding that a survey and National Register nomination was completed in 1978. This project will update that survey, review the e>dsring boundaries of the proposed Spedal Use Distr~ct and complete DPR 523 A & B forms as necessary. In addition, descriptive design guidelines for rehabilitation and new construction within the Special Use District will be prepared. Primary tasks will be: 1. Research primary sources [public and archival records] that are maintained by public agencies, libraries and museums and secondary sources [articles, earlier reports, etc.] in order to determine ownership, dates of construction, architect/builder, building alterations and other changes that have occurred over time. Tkis would include reviewing documentation provided by the City of Dublin and the Dublin Heritage Center. 2. Conduct a reconnaissance survey of the Donlon Way area. The purpose of this will be to (a) visually survey all properties in the study area, both those that have already been des/gnated part of the Dublin Village Historic Settlement, and (b) recommend a boundary for the proposed Special Use District (to be prepared by City staff). 3. Prepare a map and narrative that compiles e~sting and newly collected information that identifies · properties that need to be formally surveyed. 4. Survey all properties determined to be historically sig-nificant and complete Department of Parks and Recreation [DPR] 523 A [Pr/mary Record] and 523 B [Building, Structure, and Object Record] for each property. 5. Prepare conCise descriptive design guidelines for rehabilitation and new construction within the proposed Special Use District. This component of the project will also identify potential future uses for non-contributing parcels within the Special Use District. 6. Prepare a prepare a brief (5-10 page) report/letter summariz/ng the findings and recommending next steps for the City to undertake. 7. Present findings to City Council, Planning Department, and other city agencies as a means to progress and devise future strategies for land use in the Special Use D/strict. Consulting Services Agreement between City of Dublin and Page and Turnbull- Exhibit A F;age 1 of 3 Schedule and Fee Assuming that the project will con2nence on May 21, 2003 and we expect completion to occur the week of August 11, 2003. We would project the following milestones: Research, reconnaissance survey and map development [Items 1, 2, and 3]: Time for these tasks: 4 weeks Principal hours: !; Architectural Historian hours: 45 Fee for these tasks: $4,650. O0 Survey historically significant properties and complete DPR 523 A & B Forms [Item 4]. We anticipate that 10 historic resources will be surveyed. Time for this task: 2 meeks Prindpa/ hours: 2; Architectural Historian hours: 30 !%e for this task: $3,300.00 Prepare report with recommendations and design guidelines [Item 5 and 6]. Time for this task: 2 meeks Prindpal hours: 3; ArchitecturaI Historian hours: 37.5 ]~ee for this task: $4,875.00 Three presentations Meeting One with City Council, Christopher VerPlanck, ..Architectural Historian and Frederic Knapp, Principal Preparation: 3 hours CvP; .5 FK- fee: $375 Travel: 2 hours each - fee: $500 Meeting: 1.5 hours, CvP & FK --fee: $375 Follow up: 2 hours, CvP - fee: $200 Total meeting one: $1,450. OO plus mileage, handouts, etc. Meeting Two with Historical Sodety, CvP Preparation: 4 hours: fee: $400 Travel: 2 hours - fee: $200 Meeting 1.5 hours - fee: $150 Follow up 2 hours for CvP - fee: $200 Total meeting two: $950.00 plus mileage, handouts, etc. Meeting Three with City Council, CvP Preparation: 4 hours for CvP; 1 hour, FK - fee: $550 Travel: 2 hours - fee: $200 Meeting 1.5 hours - fee: $150. Follow up: 2 hours for CvP -- $200 Consulting Services Agreement between , City of Dublin and' Page and TurnbUll-Exhibit A Page 2 of 3 Total meeting three: ¢ 7, 700. O0 ?Ms milea~,e, handouts, etc. Total for three meetings: $3500. OO jo/us mileage, handouts, etc. [] Additional presentations would be made on a time and materials basis. Total fee for professional services: $16,350.00 Consulting Services Agreement between City of Dublin and Page and Tumbull- Exhibit A 15age'3 of 3 EXHIBIT B COMPENSATION SCHEDULE .PROFESSIONAL FEE SCHEDULE PAGE 0~ TURNBULL, !NC. Principals $130.00-$200.00 per hour Associate Principals $130.00-$150.00 per hour Senior Associates $110.00-$130.00 per hour Architects $100.00-$130.00 per hour Associates $100.00-$120.00 per hour Designers and Planners $75.00-$110.00 per hour Historians $85.00-$120.00 per hour Preparation of technical reports and specifications by administrative persormeI shall be billed ar the rare of $65.00 per hour. Consulting ServiCes Agreement between City of DUblin and Page and Turnbutl- Exhibit B Page1 of 1 CONSULTING SERVICESAGREEMENT BETWEEN THE CITY.OF DUBLIN AND William Self and ASsociates, Inc THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and William Self and Associates, Inc ("Consultant") as of !' 2003. 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 date first noted above and shall end on September 30, 2003,' and Consultant shall complete the Work described in Exhibit A prior to the date specified in Exhibit A, 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 prOvided for in Section 8. 1.2 Standard of Performance. Consultant shall perform ail 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 in the geographical area in which ConsUltant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's prOfession. 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 persens. t.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 Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. CoMpENSATION. City hereby agrees to pay Consultant a sum not to exceed $7,150.00, 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 between this ' Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, 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, Consultant shall not bill City for duplicate services performed by more than one person Consulting Services Agreement between ~',' P~ge 1 of 11 ,,~ty of Dublin and William Self and Associates, lnc · ATTACHMENT Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required' under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based On the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No. I 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; · At City's option, for each work item in each task, a coPy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by.each person, 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 employeel agent, and subcontractor of Consultant performing services' hereunder, as. well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 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 ali 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 sixty (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. COnsulting services Agreement between City of Dublin and William Self and Associates, Inc P~ge 2 of 11 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 °r :amendment. · 2.5 HourlY'Fees, Fees for work performed by Consultant on an hourly basis' shall not exceed the amounts Shown on the following fee schedule: 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not e×oeed two hundred;and fifty dollars ($250,00). ExPenses not'listed below 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 in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultanl~ is not authorized to perform any · services or incur anY costs'whatSoever under the terms of this Agreement until receipt of authorization from the Oontract 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 beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance 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. 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 to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such ConsUlting SerVices Agreement be!ween City of Dublin and William Self and Associates, thc Page 3 of 11 insurance shall be included in the Consultant's bid. 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 thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. 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 tess than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those 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 Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.2 Commercial General and'Automobile Liability ir~surance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) 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 resul!ing from activities contempIated under this Agreement, including 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 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Consulting services Agreement between City of DUblin and William Self and Associates, lnc Page 4' ~)f 11 Automobile Liability form CA 0001 (ed. 12/90) 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 an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased; or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a toss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees,, agents, and vol'unteers. e. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Section 5. INDEMNIFICATION ANB CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers; employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to :property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly Iiable, or by the quality or character of their wo~:k. The foregoing obligation of Consultant. shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consu'ltant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance Consulting Services Agreement between . . City of Dublin and William Self and Associates, Inc Page 5 of 11 certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims-for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of. this Section and that it isa material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined :by a court of competent, jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City fo~ the. payment of any employee and/or employer contributions for PERS benefits on behalf'of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 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 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 Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 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 employmerit 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 No 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 applicable to the performance of the work hereunder. 7.3 Other Governmental Re~tulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors ConSulting Services Agreement between City of DUblin and William Self and Associates, Inc Page 6 of 11 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 atall .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 religion, color, national origin, age, physical or mental handicap or disability, medical condition, madtat status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs providedby ConSultant under this Agreement. ConSultant shall comply with all applicable federal, state and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subiect of this Agreement, including but not limited to the satisfaction of any positive obligations required of COnsultant thereby. 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 thirty 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 amendmentto this Agreement, as proVided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consulting Services Agreement betWsen City of Dublin and William Self and Associates Inc Page 7 of 11 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 oni.y by a writing signed by all the parties. 8.4 Assignment and Subcontractinq. 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 included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that ConsUltant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver Consulting Services Agreement between City of Dublin and William Self and Associates, lnc P~ge ~ of 11 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, att 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 three (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 Section 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 TEN THOUSAND DOLLARS ($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 three (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. Consulting Services Agreement.between City of Dublin and William Self'and Associates, Inc Page 9'of 11- 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 Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. tf Consultant was an employee; agent, appointee, or official of the City in the previous twelve 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 Government Code §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 Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 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 Community Development Director or their designee ("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: William Self PO Box 2192 61d Avenida de Orinda Orinda, CA 94563 Consulting Services Agreement between City of Dublin and William Self and Associates, Inc Page 10 of 11 Any written notice to City shall be sent to: Eddie Peabody, Community Development Director 100 Civic Plaza Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the rePort/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," aS in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A and Exhibit B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN ' CONSULTANT [NAME, TITLE] WLt]iam Self, Pr_~ncip~ Attest: Kay Keck, City Clerk Approved. as to Form: Elizabeth H. Silver, City Attorney Consulting Services Agreement between May 20 2003 City of Dublin and William Self and Associates, Inc Page 11 of I! EXHIBIT A SCOPE OF SERVICES · Donlon Way Area Specific Plan ArchaeologicaI Assessment Scope of Work: As required in the Donlon Way Area Specific Plan Scope of Work, Williazn Self Associates, Inc. (WSA) proposes to conduct the necessary archival research and field surveys to define what previous archaeOlogical assessment has been conducted for potential cultural resources in the Donlon Way Specific Plan area, identify the existing sites (and any new historic and prehistoric cultural resources identified during archival or field investigation), and make recommendations as to the need for further site definition and/or preservation. Early maps and other published data on file at WSA, and at Iocal historical repositories will be reviewed as part of the research. Compiled information, including relevant maps and photographs, and proposed recommendations will be presented to the City of Dublin as a bound report. The proposed Scope of WSA's work does not include any archaeological site testing, or preparation of IDeparhnent of Parks and Recreation Primary l~orms (IDPR 523) or associated records. The need to conduct such work will be outlined in the Assessment Report. The focus of the work will be to identify known archaeological resources, and areas of archaeological potential based on evidence contained in early maps and subsequent 1and uses in the area. The information in the report x~iU also contain recommendations as to preservation options. The proiect work will be conducted in two phases. Phase I involves a record and archival research and a reconnaissance survey of the pro)ect area to look at known site locations. Phase 2 entails the integration of ali collected information on historic and prehistoric resources into a narrative report that will incIude a discussion of the survey and research results, and recommendations for resource preservation. One draft copy of the report will be submR~ed for City review, l~ive copies of the final report will be bound for City submittal, along with a digital version of the report on CID. Consulting Services Agreement between - City of Dublin and William Self and Associates, tnc- Exhibit A F;age 1 of 2 · Proposed Project Schedule by Phase The research, field surveys and resource assessment for Phases 1 and 2 can beg-in wi~n 7 days of Notice to Proceed following award of the project and contract execution between WSA and the City of Dublin.' The estimated timeline is as foIlows: TASK Days from NTP Phase 1 Notice to Proceed (NTP) 0 Request records from NWIC (Sonoma) 2 Begin any additional archival work · 2. Receive Records from NWIC 14 Complete archival data gathering and review 20 Conduct site visits 21 Complete site visits 22 Phase 2 Complete Draft Archae01ogy Report 40 Complete Final Narrative RePort 55 As proposed, a draft report would be submitted to the City of Dublin wiffffn 40 calendar days of Notice to Proceed, if not sooner, asstm4ng the records and previous reports on the work can be acquired through NWIC within lz~ days. Should the record search response from NWIC be detayed, the draft report submittal date COuld slip as well. Note that no subsurface testing, record preparation or agency consultation (excluding the City of.Dublin and archival research facilities) is propoSed as part of this response. If it is not possible to make a professional assessment of archaeological site presence, absence, or significance on the basis of surface evidence, a 'best professional judgment' inference would be presented in the assessment report, with recommendations for further testing to be conducted to make the necessary assessment. Consulting Services Agreement between City of Dublin and William Self and Associates, Inc- Exhibit A F;age'2 of 2 EXHIBIT B COMPENSATION SCHEDULE STAFF I TASK IRATE I HOURSt ODC'S I TOTAL Archival Research Principal $ 95.00 2 i $ 190.(30 Associate II $ 70.00 12 $ 840.00 Associate I $ 50.00 20 I $ 1,000.00 NWIC Fees $ 200.00 Task Subtotal 2,230.00 Survey/Conduct Field Assessments Principal $95'001 1 k 1 ! 95.00 Associate II $ 70.00 6 I 420.00 Travel ~ $ 20.00 20.00 I Tas SubtotaI 535.00 Assessment Report Preparation Principal I $ 95.00 I 6 $ 560.00 Associate II $ 70.00 30 $ 2,100.00 Associate I ~ $ 50.00 16 $ 800.00 Photo/Repro $ 200.00 $ 200.00 [ Task Subtotal $ 3,660.00 Meetings, Coordination Principal I $ 95.00 4 i I $ 380.00 Task Subtotal I $ 380.00 Estimate Subtotal I $ 6,805.00 Administration @ 5% ! $ 345.00 Estimate Total 1 $ 7,150.00 Consultihg Services Agreement between - City of Dublin and William Self and Associates, Inc - Exhibit A F;age'3 of 2