HomeMy WebLinkAbout8.2 MurraySchoolExhibit/�
CITY CLERK
File # 0�0�-��
SUBJECT:
ATTACHMENTS:
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 1, 2005
.RECOMMENDATION:,�^
V�
FINANCIAL STATEMENT:
DESCRIPTION:
Consultant Services Agreement -Murray Schoolhouse Exhibit Design
Report by John Hartnett, Heritage &Cultural Arts Supervisor
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1. Resolution Approving the Agreement with John Vieira
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Adopt Resolution approving Agreement
The proposed fee -for services under the Agreement is based on time
and materials not to exceed $ 23,900.00. There are sufficient funds
within the Heritage Center Capital Improvement budget to execute the
Agreement.
In 2003-2004 the Dublin City Council rated as a high priority goal:
"to refurbish exhibit space within the Murray Schoolhouse to provide a fresh setting that will optimally
highlight Dublin 's history ".
During Fiscal Year 2003-2004, a request for proposals was sent out to eight independent exhibit design
consultant firms. Only one responded, and their proposal exceeded the entire budget of design and
construction for the project. In 2004, Staff recommended to Council that Gloria Matsumoto, a talented
and qualified set designer, be hired for the project. However, Ms. Matsumoto later withdrew from the
project prior to executing a contract.
In October 2004, Staff interviewed Museum Exhibit Designer John Vieira. Mr. Vieira's extensive
portfolio demonstrated exceptional museum interpretation skills and workmanship in the broad variety of
exhibits he has designed and executed. Some of the numerous organizations that Mr. Vieira has provided
design services for include; the Smithsonian National Historic Museum in Washington, D.C., the
California Academy of Sciences in San Francisco, the Monterey Bay Aquarium, the Blackhawk Museum
in Danville, and the Hayward Area Historical Society. Staff has drafted a contract with Mr. Vieira for the
following
• Exhibit design, graphic design, and project management services for eight (8) individual exhibit
design spaces within the museum that cumulate into one overall cohesive design for the museum.
The eight design spaces are:
o The Native Californians of Dublin o Spanish Era
o Pioneer's Journey West o Pioneer Kitchen
o Historic Murray Classroom o John Green 's Store
o Children's Hands-on Area o Volk McClain Era
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COPIES TO: John Vieira
Heritage and Cultural Arts Commission
ITEM NO.
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 1,2005
SUBJECT: ' Consultant Services Agreement - Murray Schoolhouse Exhibit Design
!. Report by John Hartnett, Heritage & Cultural Arts Supervisor
,
ATTACHMENTS: . L 1. Resolution Approving the Agrebment with John Vieira
1 I)f
.RECOMMENDATION:ør, r Adopt Resolution approving Agreement
FINANCIAL STATEMENT: The proposed fee for services under the Agreementis based on time
. and materials not to exceed $ 23,900.00. There are sufficient funds
within the Heritage Center Capital hnprovement budget to execute the
Agreement.
DESCRIPTION: In 2003-2004 the Dublin City Council rated as a high priority goal:
"to refurbish exhibit space within the Murray Schoolhou!le to provide a fresh setting that will optimally
highlight Dublin's history". .
e
During Fiscal Year 2003-2004, a request for proposals was sent out to eight independent exhibit design
consultant fiIDlS. Only one responded, and their proposal exceeded the entire budget of design and
. construction for the project. In 2004, Staff recommended to Council that Gloria Matswnoto, a talented
and qualified set designer, be hired for the project. However, Ms. Matsumoto later withdrew wm the
project prior to executing a contract.
In October 2004, Staff interviewed Museum Exhibit. Designer John Vieira. Mr. Vieira's extensive
portfolio demonstrated exceptional museum interpretation skills and workmanship in the broad variety of
exhibits he has designed and executed. Some of the numerous organizations that Mr, Vieira has provided
design services for include; the Smithsonian National Historic Museum in Washington, D.C., the
California Academy of Sciences in San Francisco, the Monterey Bay Aquarium, the Blackhawk Museum
in Danville, and the Hayward Area Historical Society. Staff has drafted a contract with Mr. Vieira for the
following
. Exhibit design, graphic design, and project management services for eight (8) individual exhibit
design spaces within the museum that cumulate into one overall cohesive design for the museum.
The eight design spaces are:
o The Native Californians of Dublin
o Pioneer's Journey West
o Historic Murray Classroom
o Children's Hand1!-on Area
o Spanish Era
o Pioneer Kitchen
o John Green's Store
o Volk McClain Era
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COPIES TO: John Vieira
Heritage and Cultural Arts Commission '. 0 2
ITEM NO. Q._
G:\COUNCILlAgenda Stattments1200513" I Vieira CSA.doe. I ~ ~
. Detailed CAD plans for electrical, constroction, light and placement of exhibit elements.
. Project Management to include identifying and developing contracts with fabricator/vendors.
. . Work with installation team to complete the project.
Mr. Vieira will work closely with the Heritage Center Director on the layout and design for the museum. .
Upon completion of the design, Mr. Vieira will present to the Heritage and Cultural Arts Commission for
input and approval prior to fina1 approval by the City Council.
RECOMMENDATION: Attachment I is a Resolution approving the Agreement between the City·of
Dublin and John Vieira. The Consultant Services Agreement, which outlines the scope of work and fee
schedule, is shown as an attachment to the Resolution. Staff recommends that the City Council adopt the
Resolution approving the Agreement.
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Page 2 of2
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AGREEMENT WITH JOHN VIEIRA
FOR EXHIBIT DESIGN SERVICES FOR THE
DUBLIN HERITAGE CENTER
WHEREAS, the City of Dublin has approved the refurbishment of the exhibit space at the
Heritage Center; and
WHEREAS, the City has solicited requests for proposals for design services for the Dublin
Heritage Center; and
WHEREAS, the City has received a proposal for exhibit design services from John Vieira; and
WHEREAS, John Vieira has demonstrated adequate ability to perform said design services; and
WHEREAS, consultant is available to perform work as specified; and
NOW, THEREFORE, BE IT RESOL YED that the City Council of the City of Dublin does
approve the agreement with John Vieira, attached hereto.
PASSED, APPROVED AND ADOPTED this 1" day of March 2005
AYES:
NOES:
ABSENT;
ABSTAIN:
ATTEST:
Mayor
City CJerk
ATTACHMENT 1
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
JOHN VIEIRA
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THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
John Vieira ("Consultant") as of March 01, 2005.
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 confiiet 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 April 30, 2006. Consultant shali complete the work described in Exhibit A
prior to that date, unless thê term of the Agreement is otherwise terminated or extendêd,
as provldêd for in Section 7, The time provided to Consultant to complete the services
required by this Agrêêment shall not affêct thê City's right to terminate the Agreement, as
provided for in Section 7.
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 arêa in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first·class mannêr and shall conform to the
standards of quality normally observed by a person practicing in Consuitant's profession.
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1.3 AssiQnment 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 twenty
three thousand nine hundred dollars, ($23,900), 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 S, 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.
Consulting Services Agreement between
City of Dublin and John Vieira
March 01, 2005
Page 1 of 9
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Except as specifically authorized by City, 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
tenn of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following infonnation:
· 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, 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 individuai 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
Monthlv Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily perfonned, 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 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 John Vieira
March 01, 2005
Page 20f9
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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 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 7, 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.
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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 forlh 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. INDEMNIFICATION AND 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 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
Consulting Services Agreement between
City of Dublin and John Vieira
March 01, 2005
Page 3 of 9
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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 andhoid harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consuitant 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 Califomia 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 5.
STATUS OF CONSULTANT.
5.1 . - 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 Caiifomia 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.
5.2
Consultant No AQent. 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 6.
LEGAL REQUIREMENTS.
6.1
Governina Law. The laws of the State of California shall govern this Agreement.
Consulting Services Agreement between
City of Dublin and John Vieira
March 01, 2005
Page 4 of 9
6.3
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6.2
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the pertormance of the work hereunder.
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Other Governmental ReQulations. 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.
6.4 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 tenn 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.
6.5
Section 7.
7.1
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, marital 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 provided by 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 subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
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Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant. Consultant may cancel this Agreement upon thirty (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.
Consulting Services Agreement between
City of Dublin and John Vieira
March 01, 2005
Page 5 of 9
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7.2 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.
7.3 Amendments. The parties may amend this Agreement only by a writing signed by aU the
parties.
7.4 Assianment and Subcontractina. 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 Consuitant.
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.
7.5
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 tennination of this Agreement.
7.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
7.6.1 Immediately terminate the Agreement;
7.6.2 Retain the plans, specifications, drawings, reports, design documents. and any
other work product prepared by Consultant pursuant to this Agreement;
7.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
7.6.4 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 8.
KEEPING AND STATUS OF RECORDS.
Consulting Services Agreement between
City of Dublin and John Vieira
March 01,2005
Page 6 of 9
8.1
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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 futute or other use. City and Consultant agree, until final
approval by City, all data, plans, specifications, reports and documents are confidential
and will not be released to third parties without prior written consent of both parties.
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8.2 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.
Section 9
8.3
Inspection and Audit of Records. Any records or documents that Section 8.2 of this
Agreement requires Consultant to maintain shali be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
thë 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 shali 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
páyment under the Agreement.
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MISCEllANEOUS PROVISIONS.
9.1
Attornevs' 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.
9.2
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 Alameda or in the United States District Court for
the 9th District of California.
9.3
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.
March 01, 2005
Page 7 of 9
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Consulting Services Agreement between
City of Dublin and John Vieira
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9.4
No (molied 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.
9.5 Successors and Asslans. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
9.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written
studies and other printed materiai on recycled paper to the extent it is available at equal or
less cost than virgin paper.
9.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the cotporate 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 RefolTTl 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 Califomia Government Code Sections 1090 at 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. 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 fOlTTling of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Govemment Code §1 090 et.saq., the entire Agreement is void and Consultant will notbe
entitled to any compensation for services perfolTTled 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.
9.8
Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agteement, either orally or through any written materials.
9.9
Contract Administration. This Agreement shall be administered by John Hartnett,
Heritage and Cultural Arts Supervisor ("Contract Administrator"). All correspondence shall
be directed to or through the Contract Administrator or his or her designee.
9.10
Notices. Any written notice to Consultant shall be sent to:
John Vieira, Consultant
4244 Omega Avenue,Castro Valley, CA 94546-4637
Consulting Services Agreement between
City of Dublin and John Vieira
March 01, 2005
Page 8 of 9
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Any written notice to City shall be sent to:
John Hartnett, Heritage and Cultural Arts Supervisor
City of Dubiin, 100 Civic Plaza, Dublin, CA. 94568
9.11 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 Ptofessional with
report/design responsibility.
9.12 InteQration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
CONSULTANT
Janet Lockhart, Mayor
John Vieira, Consultant
Attest:
Kay Keck, City Clerk
Approved as to Form:
Elizabeth H. Sliver, City Attorney
Consulting Services Agreement between
City of Dublin and John Vieira
March 01, 2005
Page 9 of 9
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. EXHIBIT A
SCOPE OF SERVICES
John Vieira shall provide the Dublin Heritage Center with exhibition design, graphic design and
project management services for the Murray Schoolhouse Exhibition project. The scope of work
as outlined by the phases indicated below:
Phase I Schematic Design
· Kick-offmeeting with Dublin Heritage Staff. Three meetings monthly
· Determine Budget
· Determine Schedule
· Generate on-going issues list and chronicle file for project manager
· . Determine scope and tasks
·
· Project managemcnt for exhibit design, graphic design, content development, vendors
and fabri cation
· Develop bubble diagram to determine sections, including introductions and summation
· Develop the exhibit purpose statement "the big idea"
· Determine artifacts and historical photographs
· Develop the vision for the exhibition
· Brainstorming to develop designs, content ideas, and interactive
· Develop exhibit look and feel
· Generate conceptual design sketches, floor plans, elevations, and interactive renderings
Consulting Services Agreement between
City of Dublin and John Vieira--Exhibit A & B Page 1
March 01, 2005
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· Develop graphic design colors, fonts, layouts, a¡¡d design techniques
· Develop exhibition logo a¡¡d bra¡¡ding
·
· Determine demolition a¡¡d on site construction
· Submission and approval of schematic design package that includes:
o CAD demo plan
o New CAD electrical plan
o New CAD lighting a¡¡d reflected ceiliug pia¡¡
o New CAD floor plan and visitor flow
o CAD placement of exhibit elements, artifacts, graphic text panels, interactive.
o Itemized schedules for exhibit components a¡¡d artifacts
o Graphic design, layout and logo
Phase II Design Development
·
· Staff meetings
· Determine fina1 schedule
· Final identification of images a¡¡d artifacts
· Research and deveJopment of exhibit components
· Fabricator/vendor research, identification, and contracts
· Generate on-going issues list and chronicle files
· Review of exhibit look and feel, CAD .floor plans, elevations, visitor flow, lighting,
graphic placemeut and component plaeemeut
· Generate design material palettes.
Consulting Services Agreement between
City of Dublin and John Vieira--Exhibit A & B Page 2
March 01 , 2005
·
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· Review graphic designs and layouts
· . Review logo and branding
· Cost estimates and value engineering
· Project Management
· Submissiou and approval of Design development package deliverable that includes:
o CAD demo plan
o Refined CAD electrical piau
o Refined CAD walls and on~site construction
o Refined CAD lighting and reflected ceiling plan
o Refined CAD placement of exhibit elements, artifacts, graphic text panels,
interactive
o Content storyline and draft text
·
o Itemized schedules for exhibit components and artifacts
o Refined graphic desj gn and layout with text
o Design materials palettes
Phase III Fiual Design
· Staff meetings
· Detennine fiual schedule
· Final images ready for graphic production
· Final exhibit text review and sign-off
· Final interactive and exhibit component determined for production
·
Consulting Services Agreement between
City of Dublin and John Vieira--Exhibit A & B Page 3
March 01,2005
I i.f t<tf7
· Generate on-going issues list and chronological files
· Final review of CAD floor plan, elevations, visitor, flow, lighting, graphic placement, and
·
component placement
· Final graphic designs and layouts
· Logo and branding completed
· Selection of contractors and fabricators completed with contracts
· Project management
· Submission and approval of Final design package that includes:
o Final CAD demo plan
o Final CAD electrical plan
o Final CAD walls and on-site construction
o Final CAD lighting and reflected ceiling plan
·
o Final CAD floor plan and visitor flow
Q Final CAD Placement of exhibit elements, artifacts, graphic text panels,
interactive
o Final Content storyline used as text
o Itemized schedules for exhibit components and artifacts
o Final graphic design and layout wjth text for last review
Q Design materials palcttes
Phase IV Productiou and Detail Drawings Phase
· CAD detail drawings and aU yitrines to fabricator
Consulting Services Agreement between
City of Dublin and John Vieira--Exhibit A & B Page 4
March 01, 2005
·
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· CAD detail drawings of all walls to fabricator
. . CAD detail drawings of new electrical to contractor
· Final graphics to production
· CAD detail drawings of all interactive and components to fabricator
· Generate on-goiug issues list and chronicle files
· Artifacts made ready for installation
· Lighting parts and plan to installation contractor
· Logo and branding used in final production
· Submission of CAD drawings fabricators, construction team and vendors:
o Final CAD demo plan
o Final CAD electrical plan
o Final CAD walls and on-site construction
e
o Final CAD lighting and reflected ceiling plan
o Final CAD floor plan and visitor flow
o Fiual CAD Placement of exhibit elements, artifacts, graphic text panels,
interactive
o FÎ!m] CAD detail drawings to fabricators and vendors
o Itemized schedules for exhibit components and artifacts for tracking
Phase V Installation Phase - Oversee
· Installation of new walls
· Installation of new electrical
.
Consulting Services Agreement between
City of Dublin and John Vieira--Exhibit A & B Page 5
March 01, 2005
1[¡;~l7
· Installation of all exhibit interactive and components
· Installation of all graphic panels
· Installation of new lighting
· Installation of artifacts iuto vitriues
· Project management of fabrication and production
· Repairs and painting as needed
o Final CAD demo plan
o Final CAD electrical plan
o Final CAD walls and on-site construction
o Final CAD lighting and reflected ceiling plan
o Final CAD placement of exhibit elements, artifacts,- graphic text panels,
interactive
o Itemized schedules for exhibit components and artifacts för tracking
o Grand Openiug followed by punch hst shade down.
Consulting Services Agreement between
City of Dublin and John Vieira--Exhibit A & B Page 6
March 01, 2005
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Payment I
Payment 2
Payment 3
Payment 4
Payment 5
EXHIBIT B
COMPENSATION SCHEDULE
Upon submission and approval of Schematic Design Package - $4,750.00
Upou submission and approval of Design Development Package - $4,750.00
Upon submission and approval of Final Design Package - $ 4,750.00
Upon submissiou and approvals of Final CAD Drawings - $4,750.00
Upon completion and approval ofInstallation - $4,900.00
n~1 (
Note: Upon completion of each Phase and submittal of invoice, allow 30 days turnaround time
for compensation
Consulting Services Agreement between
City of Dublin and John Vieira--Exhibit A & 8 Page 7
March 01,2005