HomeMy WebLinkAbout4.5 Memorandum of Agreement on Relocation of Historic Camp Parks Sign and Approval of Agreement for Design ServicesSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.5
DATE:March 15, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Memorandum of Agreement with Fort Hunter Liggett on the Relocation of the Historic Camp Parks Sign and Approval of Agreement with Page and Turnbull for Design ServicesPreparedby:Shaun Chilkotowsky,Heritage and Cultural Arts Manager
EXECUTIVE SUMMARY:The City Council will consider approving a Memorandum of Agreement with Fort Hunter Liggettmemorializing a collaboration on the restoration/rehabilitation and relocation of the historic Camp Parks entrance sign and guard shack and approving an agreement with Page and Turnbull for design services for the project.
STAFF RECOMMENDATION:Adopt the Resolution Approving the Memorandum of Agreement with Fort Hunter Liggett forHistoric Camp Parks Sign Relocation and adopt the Resolution Approving a Consulting ServicesAgreement with Page and Turnbull for Design Services for the Restoration/Rehabilitation and Relocation of the Historic Camp Parks Entrance Sign and Guard Shack.
FINANCIAL IMPACT:This project is included in the Fiscal Year 2020-2025 Capital Improvement Program (CIP No. PK0121)and is funded by the Public Art Fund. There is no impact to the General Fund.The Consulting Services Agreement between the City of Dublin and Page and Turnbull has a compensation amount not to exceed $178,408, of which $158,408 is for base services and $20,000 is a contingency for additional potential services. The agreement covers design, development of plans and specifications, construction administration,and various other soft costs associated with the project. The current total project budget is $500,450. It is likely that the project budget increase will be needed to address hazardous materials used in the original construction, the historical significance of the project, and the current condition of the sign. Should additional Public Art
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funding be necessary, an appropriation request would be made to the City Council during the bid phase of the project. Sufficient funds are available in the Public Art Fund to cover future increases.
DESCRIPTION: BackgroundCamp Parks was first established as a military base in World War II. The area was unofficially known as “Fleet City” and included Camp Parks (1942-46), a training and deployment center for the United States’ Navy’s Construction Battalions (“Seabees”); Camp Shoemaker (1943-46), a Navy personnel distribution and separation center; and Shoemaker Naval Hospital (1943-46), one of several Navy installations around the country where women were accepted as enlisted and officer personnel.The Camp Parks area later housed Alameda County’s Santa Rita Jail (1946 – present); Parks Air Force Base (1951-57); Civil Defense testing facilities (1959-1985); Federal Job Corps (1960s-1970s); and the U.S. Army’s Parks Reserve Forces Training Area (PRFTA, 1980-present).In 1944, as a U.S. Navy Seabee was ordered to Camp Parks during World War II, Bruce Goff designed the Camp Parks entrance sign and attached guard shack.In 1998, the U.S. Army evaluated the Camp Parks entrance sign and determined it to be eligible for listing on the National Register of Historic Places. In 1999 the State Historic Preservation Officer, Office of Historic Preservation, concurred with this assessment. Also, in the late 1990’s, PRFTA and Fort Hunter Liggett (FHL) began investigating restoring the sign and guard shack. That work included environmental reviews, hazardous material sampling, and evaluation of historical and cultural resource impacts.The current physical location of the sign and guard shack is at the original entrance which is now closed. The sign can be seen when traveling along Dougherty Road just north of Scarlett Court. The proposed location is adjacent to the new PRFTA entrance at Dougherty Road and Camp Parks Boulevard, just outside the Dublin Camp Parks Military History Center. Memorandum of AgreementTo formalize the roles and responsibilities for the project, the City and FHL have developed a Memorandum of Agreement (MOA) that provides forthe City to fund the design and construction, and FHL to continue to own and maintain the sign as it sits on federal land. The MOA also includes language to ensure public access to the sign for a period of 10 years. The MOA is included as Attachment 2. Design ServicesIn October 2021, a Request for Proposals for professional services was issued for a design team that consists of a professional artist with experience in historic building preservation, a historic architect, licensed engineers, or any combination thereof that could provide the necessary professional work to complete the scope of work. Two responses were received, and in December 2021, consultant interviews were conducted. Participants included Staff from the Parks and Community Services Department, Public Works Department, and PRFTA/FHL.
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The design firm of Page and Turnbull was identified as the top choice due to their vast experience and focus on historic architecture and preservation. The total agreement is proposed to not exceed $178,408, comprising $158,408 for base services and $20,000 for potential changes. The agreement is included with this report as Attachment 4. Next Steps Following execution of proposed agreements, the project will follow the traditional design-bid-build process. It is anticipated that the development and approval of plans and specifications will take approximately four months, with bidding and construction to follow. Construction, which includes the restoration and relocation of the sign and guard shack, is estimated to take three to six months.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Approving a Memorandum of Agreement with Fort Hunter Liggett for Historic Camp Parks Sign Relocation 2) Exhibit A to the Resolution – Memorandum of Agreement Between the City of Dublin and Fort Hunter Liggett for Historic Camp Parks Sign Relocation3) Resolution Approving a Consulting Services Agreement with Page and Turnbull for Design Services for the Restoration/Rehabilitation and Relocation of the Historic Camp Parks Sign and Guard Shack4) Exhibit A to the Resolution – Consulting Services Agreement Between the City of Dublin and Page and Turnbull for Design Services for the Restoration and Relocation of the Historic Camp Parks Sign and Guard Shack
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted 3/15/2022 Page 1 of 2
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A MEMORANDUM OF AGREEMENT WITH FORT HUNTER LIGGETT FOR
HISTORIC CAMP PARKS SIGN RELOCATION
WHEREAS,the 2020-2025 Capital Improvement Program includes a project (CIP No.
PK0121, funded by the Public Art Fund) to provide the restoration/rehabilitation and relocation of
the historic Camp Parks entrance sign; and
WHEREAS,the Camp Parks entrance sign and attached guard shack was designed by
renowned artist and architect Bruce Goff, while an active US Navy Seabee, around 1944; and
WHEREAS,the Camp Parks entrance sign has become iconic in Dublin and was
determined to be eligible for the National Registry of Historic Places; and
WHEREAS,parties have a mutual interest in preserving the Camp Parks entrance sign to
further preserve and promote local history, and the City of Dublin 2020 Public Art Master Plan
that states that art in the public domain adds value to the community, identifies unique history
and helps create a sense of place, reflects the diversity of the community, and inspires civic
pride; and
WHEREAS,the City and Fort Hunter Liggett have prepared a Memorandum of
Agreement that provides for the City to fund the design and construction of the project and Fort
Hunter Liggett to continue to own and maintain the restored, rehabilitated, and relocated sign
and attached guard shack and provide public access to the sign for a period of 10 years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the execution of a Memorandum of Agreement with Fort Hunter Liggett,
attached hereto as Exhibit A, that memorializes the collaboration on the
restoration/rehabilitation and relocation of the historic Camp Parks entrance sign.
BE IT FURTHER RESOLVED that the City Manager is authorized to make any
necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of March 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
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Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
ATTEST:
_________________________________
City Clerk
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF DUBLIN
AND
FORT HUNTER LIGGETT
FOR
HISTORIC CAMP PARKS SIGN RELOCATION
W81WYN-20-406
1.This is a Memorandum of Agreement (MOA) between The City of Dublin (Dublin) and
Fort Hunter Liggett (FHL). When referred to collectively, Dublin and FHL are referred to
as the “Parties”.
WHEREAS, Parks Reserve Forces Training Area (PRFTA) has been a prominent
institution in the Dublin area for most of the past century. Countless service members
were trained and performed missions in wartime and peace from within Camp Parks
boundaries; and
WHEREAS, In the course of that history, an entrance sign was crafted for Camp Parks
in the 1940s and has become iconic to the area; and
WHEREAS, PRFTA is a sub-installation of Fort Hunter Liggett; and
WHEREAS, With FHL real property exchange and the shifting of roads and buildings,
the historic entrance sign is now in a place where it needs to be moved; and
WHEREAS, FHL and Dublin have a mutual interest in partnering on a project that
includes relocation of the sign from its original location and restoring the sign to joint
standards; and
WHEREAS, Obtaining funding has been the largest challenge for FHL in initiating this
project; and
WHEREAS, Dublin has an interest in providing funding for this project to preserve an
iconic piece of community history; and
WHEREAS, The Camp Parks Entrance Sign has been evaluated for historic
significance and has been determined to be eligible for listing on the National Register
of Historic Places; and
WHEREAS, The original creator of the sign, Bruce Goff, has been recognized as a
renowned figure of his time and is recognized internationally for his work; and
WHEREAS, Bruce Goff’s artwork and architecture has been on display and in archives
at the Art Institute of Chicago; and
Attachment 2
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WHEREAS, Dublin has adopted a Public Art Master Plan that states art in the public
domain adds value to the community, identifies unique history and helps create a sense
of place, reflects the diversity of the community, and inspires civic pride; and
WHEREAS, Dublin is a valued partner of the Army at PRFTA and its parent
organization FHL; and
WHEREAS, Dublin and FHL have entered into many mutually supportive partnerships
in the past, and due to proximity to one another, it is of mutual interest to partner in
common interests.
2. AUTHORITIES: Title 10 United States Code (U.S.C.) 2679 Installation-support
services: intergovernmental support agreements.
3. REFERENCES: Provisions in this agreement are in accordance with the following:
3.1. Department of Defense Instruction (DoDI) 4000.19, Support Agreements,
December 16, 2020.
3.2. DoD Financial Management Regulation (FMR) Volume 11A, Reimbursable
Operations Policy, NOV 2014.
3.3. Army Regulation (AR) 5-9, Installation Agreements, APR 2018.
3.4. DoDI 4165.70, Real Property Management, APR 2005.
3.5 The National Historic Preservation Act (54 U.S.C. 300101 et.seq.), OCT 1966.
3.6 Environmental Analysis of Army Actions (32 CFR 651), MAR 2002.
4. PURPOSE AND SCOPE: The purpose of the project is to restore and relocate the
historic Camp Parks sign to the current entrance at PRFTA and make it available for
public viewing.
5. RESPONSIBILITIES OF THE PARTIES:
5.1. FHL will -
5.1.1. Provide federal preservation expertise to oversee the removal,
renovation, and relocation of the sign in order to ensure the project is conducted
following applicable historic preservation procedures and regulatory requirements in
compliance with the National Historic Preservation Act (36 CFR 800).
5.1.2. Provide all internal federal communication and logistics required for
Dublin to implement the removal, renovation, and relocation of the sign.
Attachment 2
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3
5.1.3. Conduct National Environmental Policy Act review for the action in
accordance with 32 CFR 651.
5.1.4. Provide conceptual design and specifications prepared by U.S. Army
Corps of Engineers, Sacramento Districted titled “Relocation of Historic Entrance Sign,
PRFTA California, FY-15 Final Design” dated June 23, 2015, and “Relocation of Historic
Entrance Sign Camp Parks, California Specification No. 2048” dated July 2015
(Attachment 1) for Dublin’s use in developing a scope of work, request for design
proposal, and final design preparation.
5.1.5. Review for approval the sign location prior to Dublin finalizing project
location.
5.1.6. Provide quality assurance oversight to ensure the project meets federal
standards for engineering, master planning, and environmental compliance.
5.1.7. Ensure public accessibility to the location of the final renovated Camp
Parks sign.
5.1.8. Provide Dublin access to the final renovated Camp Parks sign to include
the attached guard shack for placing and maintaining displays, for a period of 10 years.
5.1.9. Provide government criteria to be met for construction design: Unified
Facilities Criteria found at https://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc, as
well as International Building Codes and California Building Codes.
5.1.10. Review and approve designs and specifications for the project to ensure
compliance with federal, state, and local environmental, building, safety and
construction laws and regulations.
5.2. Dublin will -
5.2.1. Solicit request for qualifications from Artist who specialize in Art
restoration and have experience with projects of this size and historical value. Ensure
scope of work includes the conceptual Designs and Specifications provided by FHL for
the restoration and relocation of the Camp Parks Entrance Sign (Attachment 1), and
requirements to comply with federal, State and local environmental, safety and
construction laws, regulations and policies. A Structural PE licensed in CA is needed to
develop the design and construction documentation, act as Engineer of Record, and
oversee construction.
5.2.2. Fund the contract to move the sign.
5.2.3. Coordinate meetings to select a vendor that would receive
recommendation and final approval from City Council.
Attachment 2
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5.2.4. Allow FHL to review the solicitation process so that applicable criteria are
met to the extent possible not withholding any changes to existing City purchasing
policies, public contract code, and City Council approvals.
5.2.5. Within fiscal confines, comply with decisions made by FHL General
Engineer and FHL Environmental Division Chief when exercising authority to ensure
compliance with applicable laws, regulations, and policies, such as building standards,
National Historic Preservation Act, Clean Air Act for proper containment and disposal of
asbestos, and the Toxic Substances Control Act for proper containment and disposal of
lead based paint, if present.
5.2.6. Restore and relocate the sign following the Designs and Specifications , or
where deviation is recommended, obtain all necessary approvals from the designer of
record and FHL prior to implementation.
6. REAL PROPERTY: FHL will provide Dublin and the general public access to the Camp
Parks Sign, and provide security and administrative oversight
7. SPECIFIC PROVISIONS:
7.1. In case of mobilization or other emergency, this agreement will remain in force
only within supplier’s capabilities.
7.2. Each Party is responsible for all costs of its personnel including pay and
benefits, support, and travel. Each party is responsible for supervision and management
of its personnel. Dublin and FHL will work in coordination to ensure compliance with
regulatory guidance.
8. GENERAL PROVISIONS:
8.1. POINTS OF CONTACT: The following points of contact (POC) will be used by the
Parties to communicate in the implementation of this MOA. Each Party may change its
point of contact upon reasonable notice to the other Party.
8.1.1. For FHL -
8.1.1.1. Cultural Resources Program Manager, 831.386.2520
8.1.1.2. Environmental Division, 831.484.4174
8.1.1.3. Engineering Division, 831.386.2414
8.1.2. For Dublin -
8.1.2.1. City Manager, 925.833.6600
8.1.2.2. Parks and Community Services Dir., 925.556.4500
8.1.2.3. Heritage and Cultural Arts Manager, 925.556.4565
Attachment 2
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9. SUPPORT PROVIDED BY OTHER ORGANIZATIONS OR AGENCIES: The following support
is provided by organization or agencies which are not under the mission command of
FHL. The Receiver will direct all requests for this support to the appropriate organization
or agency. The following support category provisions are provided for information
purposes only.
SUPPLIER SUPPORT CATEGORY Action
U.S. Army Corps of
Engineers Historical Architect Services Contact FHL for
services
9.1 CORRESPONDENCE: All correspondence to be sent and notices to be given
pursuant to this agreement will be addressed, if to FHL, to –
9.1.1. DPW, Environmental, Cultural Resources, Bldg. 232, California
Avenue, Fort Hunter Liggett, CA 93928 or as may from time to time otherwise be
directed by the Parties.
9.1.2. Heritage and Cultural Arts Manager, 100 Civic Plaza, Dublin, CA
94568 or as may from time to time otherwise be directed by the Parties.
9.1.3. REVIEW OF AGREEMENT: This agreement will be reviewed on or around
the anniversary of its effective date annually for financial impacts; if there are substantial
changes in resource requirements, the agreement will be reviewed in its entirety.
Amendments may be made to this agreement by mutual written consent of both parties.
9.1.4 MODIFICATION OF AGREEMENT: This agreement may only be modified by
the written agreement of the Parties, duly signed by their authorized representatives.
9.1.5 DISPUTES: Any disputes relating to this agreement will, subject to any
applicable law, Executive Order, Directive, or Instruction, be resolved by consultation
between the Parties or in accordance with reference 3.1 and 3.3.
9.1.6 TERMINATION OF AGREEMENT: This agreement may be terminated by
either Party by giving at least 2 years written notice on a memorandum to the other.
The agreement may also be terminated at any time upon the mutual written consent of
the Parties. Dublin shall be responsible for payment of unavoidable termination costs
associated with significant modification, early termination, closing, or continuing any on-
going contractual actions issued during the term of this agreement.
9.1.7. TRANSFERABILITY: This Agreement is not transferable except with the
written consent of the Parties.
Attachment 2
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9.1.8. ENTIRE AGREEMENT: It is expressly understood and agreed that this
agreement embodies the entire agreement between the Parties regarding the
agreement’s subject matter. Nothing in this agreement is intended or should be
interpreted to require any obligation or expenditure of funds in violation of the Anti-
Deficiency Act, 31 U.S.C. § 1341.
9.1.9 EFFECTIVE DATE: This agreement takes effect beginning on the day
after the last party signs and a change of incumbents does not void this agreement.
This agreement will remain in effect until the expiration date unless it is superseded or
terminated.
9.1.10. EXPIRATION DATE: This Agreement expires ten years after it is signed.
9.1.11. CANCELLATION OR MODIFICATION OF PREVIOUS AGREEMENT: None.
10. FINANCIAL DETAILS:
10.1. FHL will -
10.1.1. Provide funding for federal historic preservation expertise.
10.1.2 Provide funding for any applicable fees associated with FHL review,
permitting, and approval of the documents prepared by the designer of record.
10.1.3 Provide funding for any construction oversight, inspections, and final
approval of construction/installation of the sign in its new location.
10.2. Dublin will -
10.2.1. Contract the vendor who can move the sign according to standards
mutually agreed upon by FHL and Dublin.
10.2.2. Provide funds associated with the vendor and materials required to
renovate the sign and attached guard shack.
10.2.3 Utilize funding as budgeted in the City’s Capital Improvement
Program, project PK0121, which is not to exceed $500,000.
SIGNATURES ON FOLLOWING PAGE
Attachment 2
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10.3. OSJA REVIEW:
The U.S. Army Garrison Command, Fort Hunter Liggett Office of the Staff Judge
Advocate reviewed this agreement and found it to be legally sufficient.
(Jason S. Frankenfield, LTC, Attorney) (Date)
AGREED:
For Dublin –
For The Army –
Linda Smith Lisa Lamb
City Manager COL, LG
(Date) (Date)
Marsha Moore John Bakker
City Clerk City Attorney
(Date) (Date)
Attachment 2
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Attachment 3
Reso. No. XX-22, Item X.X, Adopted 3/15/2022 Page 1 of 2
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONSULTING SERVICES AGREEMENT WITH PAGE AND TURNBULL FOR
DESIGN SERVICES FOR THE RESTORATION/REHABILITATION AND RELOCATION OF
THE HISTORIC CAMP PARKS ENTRANCE SIGN AND GUARD SHACK
WHEREAS,the 2020-2025 Capital Improvement Program includes a project to fund the
restoration/rehabilitation and relocation of the historic Camp Parks sign; and
WHEREAS,the historic Camp Parks sign and attached guard shack was designed by
renowned artist and architect Bruce Goff, while an active US Navy Seabee, around 1944; and
WHEREAS,the historic Camp Parks sign is an iconic piece in Dublin and was determined
to be eligible for the National Registry of Historic Places; and
WHEREAS,a Request for Proposals was solicited seeking design firms with expertise in
historic building preservation to lead the development of design plans and specifications for the
project; and
WHEREAS,the historic architecture firm Page and Turnbull was selected to complete the
design phase of the project and has demonstrated the ability to perform said services; and
WHEREAS,the agreement with Page and Turnbull is for a not-to-exceed amount of
$158,408 for the base scope of services, and Staff recommends a $20,000 in contingency for
unforeseen needs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the execution of a Consultant Services Agreement with Page and Turnbull for
the development of design plans and specifications for the restoration/rehabilitation and
relocation of the historic Camp Parks sign and guard shack, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute
amendments to the Agreement up to $20,000, and make any necessary, non-substantive
changes to the agreement to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of March 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Consulting Services Agreement between City of Dublin and March 15, 2022
Page and Turnbull Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PAGE AND TURNBULL
FOR
DESIGN SERVICES FOR THE RESTORATION/REHABILATION AND RELOCATION OF THE HISTORIC
CAMP PARKS ENTRANCE SIGN AND GUARD SHACK
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
Page and Turnbull (“Consultant”) (together sometimes referred to as the “Parties”) as of March 15, 2022
(the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work,” the services constitute a public works
Attachment 4
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Consulting Services Agreement between City of Dublin and March 15, 2022
Page and Turnbull Page 2 of 15
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant as per the compensation
schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under this Agreement.
Notwithstanding the foregoing, an additional $20,000 is available for additional scope, if needed, not listed
in Exhibit B, but only with the City Managers prior approval. 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 in writing, Consultant shall
not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Attachment 4
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Consulting Services Agreement between City of Dublin and March 15, 2022
Page and Turnbull Page 3 of 15
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
Attachment 4
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Consulting Services Agreement between City of Dublin and March 15, 2022
Page and Turnbull Page 4 of 15
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall
not exceed $8,000. Expenses not listed in Exhibit B are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under
this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
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Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
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this Agreement, including without limitation, blanket contractual liability and the
use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
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4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 3 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 3 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
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Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City’s business; and is
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customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
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creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
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.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
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the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
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understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Page and Turnbull
170 Maiden Lane, 5th Floor
San Francisco, CA 94108
Any written notice to City shall be sent to:
City of Dublin
Attn: Parks and Community Services Director
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C and D represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
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one agreement. Counterparts delivered and/or signatures executed by City-approved
electronic or digital means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN Page and Turnbull
Linda Smith, City Manager Lada Kocherovsky, Principal
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
C38046
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EXHIBIT A
SCOPE OF SERVICES
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LOS ANGELES SACRAMENTO SAN FRANCISCO
EXHIBIT A – SCOPE OF SERVICES
Scope of Basic Services
GENERAL
Page & Turnbull’s Basic Services are broken down into the following phases: Project Initiation and
Start up; Conditions Assessment & Historic Documentation; Pre-Design and Consultation,
Construction Documents, Limited Permit and Bid Coordination; and Construction Administration.
Preparation for and attendance at hearings are identified as an optional phase. Tasks associated
with these phases are described below.
PHASE 1: PROJECT INITIATION & STARTUP
Page & Turnbull will clarify project schedule and deliverables, and define the roles and
responsibilities of each member of the project and client team. The project manager will produce a
Project Team directory and schedule which will be updated on a regular basis. We will establish
communication protocols, an online filesharing site, and review client’s expectations and proposed
work plan for the project. We will conduct a thorough review of background documents and
resources which will properly frame the context for the planning and relocation effort. Upon
reviewing available background information, including base maps, topographic surveys, and utility
information, we will identify any information gaps and submit to client.
Phase 1 Deliverables
Project Startup deliverables include:
▪ Work Plan and communication protocols memorandum
▪ Information gaps submittal, if applicable
▪ Project Schedule
▪ Team Directory
PHASE 2: CONDITIONS ASSESSMENT & HISTORIC DOCUMENTATION
Page & Turnbull will conduct a one-day (1) site visit to assess and document the physical conditions
of the Camp Park sign and document. We will review and document findings in a draft conditions
assessment and due diligence report which will summarize historic status, sign/structure condition,
initial stabilization recommendations, code deficiencies, and other infrastructure findings of the sign
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as-found. We will submit a draft copy of this report to the Client for review and prepare a final
report upon receipt of one (1) set of consolidated comments.
Phase 2 Deliverables
▪ Draft Existing Conditions Assessment Due Diligence Report
▪ Final Existing Conditions Assessment Due Diligence Report
PHASE 3: PRE-DESIGN AND CONSULTATION
Page & Turnbull will host a Project Team kick-off meeting to discuss programming, relocation
options and interpretive exhibit approach for the Camp Park Sign. It is assumed that the Client has
chosen the Receiver site and will provide background drawings as required. Th e Project Team will
prepare the receiver site layout, and two (2) relocation approach options (Full Disassembly/Rebuild,
Partial Disassembly/Rebuild or Full Move/Relocation ) for review with Client. We will prepare for and
attend one (1) OAC meeting to discuss options noted above. We will coordinate with the Cost
Estimator to provide a thorough review and a ROM (Rough Order of Magnitude) cost assessment of
the report.
Phase 3 Deliverables
▪ Project Team Kickoff Meeting Minutes
▪ Diagrammatic Site Layout depicting Move/Relocation approach
▪ ROM cost estimate.
PHASE 4: CONSTRUCTION DOCUMENTS
Upon Client’s confirmation of the proposed approach for the project, we will prepare Construction
Document (CD) Drawings and specifications for the Camp Park sign relocation. CD drawings will
include fully annotated architectural and structural plans, sections, elevations, and or details related
to the disassembly/reassembly as well as grading, drainage and utility plans for the receiver site. CD
drawings and specifications will be issued at 75% and 100%. The 75% CD set will issued for plan
check. The 100% CD set will be issued for bidding. Cost estimate will be provided at the 75% CD
milestone. It is anticipated that the Client will retain an industrial hygienist directly to provide
specifications for the abatement of hazardous materials. P&T will review the specifications and
provide Historic Treatment Procedures guidelines for coordination. We will integrate the abatement
specifications, as well as Client-generated Division 1 specifications into the P&T-prepared technical
sections.
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Phase 4 Deliverables
Construction Documents deliverables include:
▪ Project schedule, updated.
▪ 75% CD Documents and cost estimate. Note that all drawings submittals will be on 30-
inch by 40-inch sheets.
▪ Materials and finish board(s)
▪ 75% CD Documents to be used for first Plan Check submittal with the Building
Department.
▪ Written plan check comment response and revised drawings, as required, to obtain
final building permit.
▪ 100% CD drawings and Project Specifications for bid procurement.
PHASE 5: BIDDING (TIME & MATERIALS, NTE)
Page & Turnbull will assist the Client and Client-selected Construction Manager (CM) with Bidding,
and Negotiation. This service will be provided on a Time & Materials Basis with a Not-To-Exceed
(NTE) amount of $24,000. We will coordinate with the Structural Engineer, Electrical Engineer, and
Client, and will attend in a pre-bid walk-through with prospective bidders. We will assist the Client
and/or CM with bid review, however it is anticipated that the CM will lead this effort. We will respond
to bidder questions related to the project provided to us by the CM in written form and assist with
preparation of the addenda to clarify the technical aspects of the project.
Phase 5 Deliverables
Bidding & Negotiation deliverables include, in digital form:
▪ Bid RFI responses as required.
▪ Bid Addenda, as required.
PHASE 6: CONSTRUCTION ADMINISTRATION (TIME & MATERIALS, NTE)
Page & Turnbull will provide Phase 6: Construction Administration services on a Time & Materials
Basis with a Not-To-Exceed (NTE) mount of $31,000. During Construction Administration, the Page &
Turnbull Team’s site visits will be limited to one (1) kick-off visit, one (1) visit midway through
construction to review samples / mock-ups, or answer contractor questions, and one (1) final punch
list walk-through with the Contractor and Client. Items to be completed will be documented in
written and photographic format and distributed digitally. We will respond to Requests for
Information (RFIs) and review project submittals, including product data, shop drawings,
calculations, and samples (2 reviews maximum per submittal). .
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PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO
Phase 6 Deliverables
Construction Administration deliverables include:
▪ Response to submittals
▪ Response to RFIs
▪ Punchlist mark up
ADDITIONAL OPTIONAL SERVICES - NOT INCLUDED IN PROPOSAL
The following design services are not included in Basic Services but may be required for the Project.
The consultants performing these services would contract directly with the Client.
AS.1. Hazardous materials abatement (see Phase 4)
Assumptions & Exclusions
1. All deliverables will be provided in digital format unless noted otherwise. The Client will pay
for printing of Client requested and/or required documents.
2. All meetings to be conducted in a virtual format unless indicated otherwise above.
3. Additional site visits are excluded but can be arranged as part of additional service.
4. It is assumed that the Client will have a dedicated project manager to serve as Client’s
representative and primary contact.
5. It is assumed that the Client will have a dedicated Construction Manager to lead Bidding,
Permitting, and Construction Administration phases.
6. Client to provide typical bid forms and Division 1 specifications to the design team to
integrate into the project documents.
7. Consultant disciplines other than those included in this proposal are excluded.
8. The following are not included in Page & Turnbull’s and our subconsultant’s proposed
services:
▪ Identification of hazardous materials or design of hazardous material remediation.
▪ Geologic/soils testing or soils engineering.
▪ Surveying and utility mapping.
▪ Hydrology/drainage calculations.
▪ Contractor assistance for inspection openings, sample removal, difficult access,
temporary lighting, etc.
▪ Services pertaining to utility infrastructure
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PAGE & TURNBULL LOS ANGELES SACRAMENTO SAN FRANCISCO
▪ Preparation of financial incentive applications.
▪ Attendance or presentation at public meetings (other than as already identified above).
▪ Permit fees.
▪ Construction administration services beyond those identified in this scope of work.
Attachment 4Attachment 4
112
Consulting Services Agreement between City of Dublin and Last revised March 15, 2022
Page and Turnbull Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Attachment 4Attachment 4
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3/2/2022
Camp Parks Sign Relocation
Fee Summary - Revision Feb 2022
Project Initiation & Startup
Contracting and project start up
Gather and review background materials
Internal project kickoff mtg
2,340$ 14
Conditions Assessment & Historic Documentation
Site visit - Conditions Assessment (1 day)
Document Existing Conditions
Due Diligence research and documentation
Draft conditions assessment & due diligence report
Historic Status and Evaluation Confirmation
Structural Stabilization or Treatment Recommendations
Code and ADA Conformance
MEP and Infrastructure Requirements
Final Draft Due Diligence Document
9,650$ 74
Pre-Design and Consultation
Project Team Kickoff Mtg
Programming for Relocation
Prepare Receiver Site Layout
Prepare Preliminary Move / Relocation Options (2)
ROM cost estimate
Client Review and Comment
23,855$ 155
Construction Documents
Develop 75% CD (permit set) and 100% CD (bid set) of drawings and specs
Move/Relocation of sign & booth
Materials and Finish Board
Cost Estimate at 75% CD
Client Review / Comments
100% CDs and Specifications for Bid Procurement
Cost estimate at 100% CD
59,500$ 429
Permit & Bid Coordination (hourly NTE)
Permit coordination & submittal assistance
Permit comments / revisions
Assist with preparation of Bid Documents
Pre-bid meeting (on-site)
Bid RFI and responses
24,010$ 162
Construction Administration (hourly NTE)
Construction Kick-off mtg
RFI and Submittal responses
Progress meetings (attend remotely as needed, up to 24 hours total)
Construction Aministration site visit (assume midway, 1 total)
Punch list and final walk through (assume 1 site visit)
31,045$ 200
Subtotal Fee and Hours 150,400$ 1062
Allowance: Specifications writer 5,000$
Expenses @ apprx. 2%3,008$
Transportation; Printing and Materials; Incidental Services
Total Fee & Expenses and Hours 158,408$ 1062
3
6
4
5
1
Fee Per Task
2
Phase Description Total Hours
E
Attachment 4
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Consulting Services Agreement between City of Dublin and Last revised March 15, 2022
Page and Turnbull Exhibit C – Page 1 of 1
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
Attachment 4Attachment 4
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Consulting Services Agreement between City of Dublin and Last revised March 15, 2022
Page and Turnbull Exhibit D – Page 1 of 3
EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker engaged in the performance of
the services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
Attachment 4Attachment 4
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Consulting Services Agreement between City of Dublin and Last revised March 15, 2022
Page and Turnbull Exhibit D – Page 2 of 3
prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor’s certified payroll
records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer’s employees on the public works
project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be submitted directly to the Labor Commission, and available for inspection by the
Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
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Consulting Services Agreement between City of Dublin and Last revised March 15, 2022
Page and Turnbull Exhibit D – Page 3 of 3
Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non-manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
3070368.1
Attachment 4Attachment 4
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