HomeMy WebLinkAbout7.1 Pioneer Cemetery Master Planor
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
October 1, 2013
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -30
SUBJECT: Preparation of a Master Plan for the Dublin Pioneer Cemetery
Prepared by Paul McCreary, Parks and Community Services Director and Jacqui
Diaz, Special Projects Manager
EXECUTIVE SUMMARY:
As part of the Fiscal Year (FY) 2013 -14 City Council Initiatives, Staff was directed to update the
Dublin Historic Park Master Plan, with a focus on the feasibility of expanding the historic Pioneer
Cemetery adjacent to Heritage Park. Staff met with the landscape architecture firm of Royston,
Hanamoto, Alley & Abey (RHAA) to discuss the project. RHAA previously worked on the project
and has significant background material and experience on the Cemetery and adjacent land.
RHAA has submitted a proposal to gather input from the community and cemetery stakeholders
to prepare the Master Plan Update.
FINANCIAL IMPACT:
Funding for this Study was allocated in the FY 2013 -14 Budget for $30,000. The contract
amount is not to exceed $48,960, plus $500 contingency, for a total amount of $49,460. Staff is
requesting a budget transfer in the amount of $19,460 from the General Fund Contingent
Reserve, to the Parks and Facilities Development Program budget, to cover the costs.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution authorizing the City Manager to execute
the proposed Agreement with RHAA to conduct the cemetery expansion feasibility study and
prepare a Master Plan for the Dublin Pioneer Cemetery, and approve the Budget Change in the
amount of $19,460.
Submitted B Reviewed By
Director of Parkland Assistant City Manager
Community Services
Page 1 of 3 ITEM NO. 7.1
DESCRIPTION:
One of the City Council's earlier Strategic Goals in 2005 was to develop a Historic Park Master
Plan for an expanded park that would commemorate the history of the site, and also fulfill the
need for park acreage in Dublin. The City contracted with Royston, Hanamoto, Alley & Abey
(RHAA) to develop the Dublin Historic Park Master Plan, which was adopted by City Council in
August 2006 and subsequently amended in June 2008. The Master Plan conceptualized that
the park would develop in phases as funding becomes available. One of those phases is the
expansion of the Cemetery.
The Park includes a variety of existing assets which include the large trees, the creek, historic
buildings and cemetery, to name a few. The Dublin Village Design Guidelines were adopted in
2004 and apply to this Master Plan. Within the Guidelines, it states that "the City should
consider expanding the Dublin Heritage Center cemetery to the southwest, across from the
Dublin Creek ". The Master Plan outlined, at a high level, how the cemetery expansion might be
carried out and integrated the existing historic features and Park. In concept, it touched on the
possibility of expanding across the creek, and a potential freeway sound -wall that could be
integrated with the design of a columbarium wall.
During the City Council's discussion of goals for FY 2013 -14, the expansion of the Cemetery
was discussed. Staff made contact with RHAA to discuss the proposed project, since the firm
had been involved in earlier Master Plan development. RHAA recently submitted a scope of
services to prepare a Master Plan for the Cemetery and its potential expansion. The scope
includes the economic feasibility assessment services of Steve Spickard of Land Economic
Consulting, who assisted on the earlier Master Plan for the Historic Park. Attachments to this
report include a Resolution authorizing the City Manager to approve the proposed Agreement
(Attachment 1); the Agreement with scope of services and fee schedule as exhibits to the
Agreement (Attachment 2); and the Budget Change form for the additional funds requested
(Attachment 3).
RHAA will gather input from a variety of interested people and organizations in the community;
provide research and analysis of the cemetery services; research indicators of demand and type
of internment; and provide an overview of the market context, as well as mapping, for planning a
cemetery expansion. They will conduct research on operational models, estimate operating
costs with each alternative, and provide a recommendation for expansion. The report will also
include financial analysis of the capital and ongoing operating costs associate with each
alternative. One of the cornerstones of the Consultant's work will be the meetings to obtain
input from various stakeholders such as the City Council, the Heritage and Cultural Arts
Commission, the Parks and Community Services Commission, the Dublin Historic Preservation
Association, plot owners, volunteers, Dublin Kennels and other adjacent property owners and
residents to name a few. Stakeholders will also be invited to a later meeting when the draft
Master Plan will be presented.
An allocation of $30,000 for a study was placed in the current FY 2013 -14 budget. The cost of
the services proposed by RHAA is not to exceed $49,460. As mentioned in the Financial
Statement, the Budget Change for $19,460 is attached (Attachment 3), and would need to be
approved in order to execute the Agreement.
Upon City Council approval of the Resolution and Budget Change, Staff will begin working with
RHAA to develop the Master Plan for the historic Pioneer Cemetery with the goal of completing
the study by the end of the Fiscal Year.
Page 2 of 3
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of this Staff Report was sent to the Heritage and Cultural Arts Commission, the Parks
and Community Services Commission, the Dublin Historic Preservation Association, and Dublin
Kennels.
ATTACHMENTS: 1. Resolution Authorizing the City Manager to Execute the Agreement
with RHAA
2. Agreement with RHAA and Scope of Services as an Attachment
3. Budget Change
Page 3 of 3
RESOLUTION NO. —13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * **
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROYSTON,
HANAMOTO, ALLEY & ABEY (RHAA) FOR THE PREPARATION OF A MASTER PLAN FOR
THE HISTORIC PIONEER CEMETERY
WHEREAS, the City Council approved the Dublin Historic Park Master Plan in August
2006 and subsequently amended the Master Plan in June 2008; and
WHEREAS, as part of the City Council Strategic Plan process, the City Council included
a goal to develop a Master Plan for the cemetery and the possible expansion; and
WHEREAS, in August 2013, Staff sought the services of Royston, Hanamoto, Alley &
Abey (RHAA) to prepare a Master Plan for the cemetery, including potential expansion, due to
the firm's experience with developing the Master Plan and designing the first phase of the
Historic Park; and
WHEREAS, based on the firm's successful performance on prior studies Staff
recommends entering into an Agreement with Royston, Hanamoto, Alley & Abey to prepare the
Master Plan for the cemetery.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
authorizes the City Manager to execute the Consultant Services Agreement (attached as Exhibit
A and titled Consulting Services Agreement between the City of Dublin and RHAA).
PASSED, APPROVED AND ADOPTED this 1st day of October, 2013, by the following
vote-
AYES-
NOES-
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
ROYSTON, HANAMOTO, ALLEY & ABEY
THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and
Royston, Hanamoto, Alley & Abey, a California corporation ( "Consultant ") as of October 1, 2013.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on March 31, 2014, and Consultant shall complete the work described in
Exhibit A prior to 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 provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first -class manner, and shall conform to the
standards of quality normally observed by a person practicing in the Consultant's
profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.2 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $48,960,
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
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City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City
for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 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;
• 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 individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
• The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with 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.
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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 unless the Agreement is modified prior to the
submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in the scope, and shall
not exceed Five Hundred Dollars ($500.00). Expenses not listed below are not chargeable
to City. Reimbursable expenses are included in the total amount of compensation
provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
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insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self- insurance program to meet those requirements, but only if
the program of self- insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self- insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self- insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non -
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
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Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ( "any auto "). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
The insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
C. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self- insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. 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 ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self- insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
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days' prior written notice by certified mail, return receipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
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.
Insurance must be maintained and evidence of insurance must be
provided for at least five 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 must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
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 AM I.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
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such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self- Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self- insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self- insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self- insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
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. 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
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of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No 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.
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7.2 Compliance with ARplicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
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 ORportunitk 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.
Section 8.
8.1
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.
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting_ City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Consulting Services Agreement between October 1, 2013
City of Dublin and RHAA Page 10 of 13
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. City agrees to indemnify Consultant for any reuse of documents for any project
not contemplated under this Agreement.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
Consulting Services Agreement between October 1, 2013
City of Dublin and RHAA Page 11 of 13
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 Sections 1090 etseq.
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 forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Paul McCreary,
Director, Parks and Community Services ( "Contract Administrator "). All correspondence
shall be directed to or through the Contract Administrator or his or her designee.
Consulting Services Agreement between October 1, 2013
City of Dublin and RHAA Page 12 of 13
10.10 Notices. Any written notice to Consultant shall be sent to:
Royston, Hanamoto, Alley & Abey
225 Miller Avenue
Mill Valley CA 94941
Any written notice to City shall be sent to:
Paul McCreary, Parks and Community Services Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. 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, CALIFORNIA
Joni Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
J:1 wpd \Mnrsw111410011Formslstandard consultant services agreement.doc
CONSULTANT
Barbara Lundburg, President
Consulting Services Agreement between October 1, 2013
City of Dublin and RHAA Page 13 of 13
SCOPE OF SERVICES
Consulting Services Agreement between October 1, 2013
City of Dublin and RHAA -- Exhibit A Page 1 of 3
September 10, 2013
Jacqui Diaz
Paul McCreary
Parks and Community Services
City of Dublin
100 Civic Center Plaza
Dublin, CA 94568
RE: Pioneer Cemetery Master Plan
Iff-TATUMM MI Um
Thank you for asking us to propose on preparing a Master Plan for the historic Pioneer Cemetery and its
potential expansion. We look forward to working with you on the development of this exciting project.
The point of contact for RHAA will be Cordy Hill. Our economic consultant will be Steve Spickard of Land
Economic Consulting who assisted us ion the master plan for the historic park.
Attached are a detailed work scope and fees. Additional services will be billed at the rates attached in our
terms of agreement. I look forward to hearing from you. if this is acceptable, please sign below and return
as authorization to proceed.
Sincerely,
ROYSTON HANAMOTO ALLEY & ABEY CITY OF DUBLIN
Cordelia L. Hill, ASLA
Principal
ROYSTON HANAMOTO ALLEY& ABEY
225 Miller Avenue, Mill Valley, CA 94941 T 415 383 7900 F 415 383 1433 www.diaa.com
Project Understanding
The only cemetery within the boundaries of the City of Dublin, the historic Pioneer Cemetery is an
important part of Dublin's history that has been unchanged for many years. The City would like a
master plan for the Cemetery that preserves the historic structure and character but that upgrades both
the functional and aesthetic character ofthe space. The master plan needs to look for opportunities for
additional burial Opportunities for the citizens of Dublin- including expansion within the current
footprint of the Historic Park and development of the .94 acre parcel immediately south of Dublin Creek,
owned by the Dublin Historic Preservation AssociatiVO.,
Specific scope for the project, based on the email from Paul McCreary dated August 8, 2013, the site
visit on August 281h and the master plan report is as follows:
A. Mobilization and Assessment
1) Kick- off meeting: Meet with City Staff tV discuss scope, goals, schedule. Receive information
on historic land use' plot ownership, current operations and base material.
2} Site Analysis: Visit site to record information on plots, existing trees, circulation. Photograph
existing conditions for use inoutreach,
3\ Base Map: Based oo visual survey, develop base map with known plots, circulation, trees.
4\ Regulatory Agencies: Contact regulatory agencies to identify constraints to development
a. Required setback from creek and allowable functions within the setback
b. Ca|tsaosresthcdons
C. Health department regulations for cemetery development
5) Analysis of access:
a. Contact Dublin Kennels on confirmation of right-of-way for construction and
maintenance operations.
b. Analyze possibility nf pedestrian bridge from existing cemetery tothe expansion area-
access for construction Vf the bridge, costs, use for small maintenance and digging
equipment.
§\ Develop Opportunities and Constraints Mapping
7) Needs assessment / Market assessment: Conduct aD economic analysis pf the market for burial
plots.
B) Meet with City tV discuss analysis iodate,
8\ Conduct a workshop tVdiscuss goals and objectives for the master plan updates. Invite
representatives from stakeholder groups identified bythe City including but not limited to: City
Council, Heritage and Parks Commissioners, DHPA, Historic Park and Museum Volunteers,
Existing Plot Owners, Residents oV Waiting List for Existing Plots, Dublin Kennels, Property
Owners within 300 feet ofHeritage Park Parcels, Mortuaries who bury in the cemetery.
B. Master Plan
1\ Existing Cemetery Updates: Explore minor updates hnexisting cemetery based VOchanging
conditions. Identify available plots. Look at opportunities for other burial options |Othe Historic
Park such as low walls that Can accommodate cremation urns.
2) Develop e Conceptual Site Plan for Existing Cemetery Improvements and Expansion
3) Develop two Conceptual Site Plans for New Cemetery Area
4) Meet with City to review alternatives
5\ Refine preferred alternative for City Council consideration
6\ Develop operational model/plan for cemetery operations based on preferred alternative
7) Develop estimates for capital outlay, operating expenditures and revenue potential
8) Conduct Public Workshop for Stakeholders and Residents to present draft master plan.
9) Based on input, revise the plan
10) Joint Commission Meeting Presentation on draft plan
11) City Council Presentation
12) Prepare final amendment to Master Plan document
Land Economics Consultants, LLC
September 11, 2013
Cordy Hill
Principal, LEED AP
ROYSTON HANAMOTO ALLEY & ABEY
226 Miller Ave, Mill Valley, CA 94941
RE: Proposed Subconsultant Services for the Dublin Historic Park Cemetery Expansion
Dear Cordy:
Land Economics Consultants, LLC (LEC) is pleased to submit this proposal to join the RHAA team to
assist with preparing an analysis of options for the City of Dublin in expanding and operating the Historic
Park Cemetery,
We are confident you will find LEG well suited to assist your team with these tasks. We have left this
document in Word so that you may cut and paste language from the scope section if it is appropriate for
inclusion in your team proposal.
01*119 0 1 tyll [*U
Land Economics Consultants, LLC (LEG) is a relatively new small business set up to serve as the
consulting vehicle for Mr. Steven E. Spickard, AICP, LEED AP. The firm was established at the
beginning of October 2010. The longer history of "the firm" is synonymous with the career history of Mr.
Spickard. He has 35 years of experience in the field of land use economics, the majority of which was
spent as a Principal of Economics Research Associates (ERA) based in San Francisco. Subsequent to
the acquisition of ERA by AECOM in 2007, Mr. Spickard was a Senior Vice President of AECOM in their
Economics Practice.
Steve Spickard advises both private interests and public policy-makers on the development and operation
of parks and recreation, museums, conference centers, concert venues, sports facilities and other
attractions, as well as on the hotel, retail, office and residential components that typically round out
mixed-use urban developments. Implementation of most of Steve's projects has required both public and
private participation. After assisting in project concept formulation from a market perspective, Steve
typically evaluates project alternatives from the dual perspectives of private developer pro forma financial
feasibility, and public sector concerns regarding job creation, socioeconomic impacts and fiscal impacts.
LEG maintains all the general liability and professional liability insurance typically required by public
agencies ($1,000,000 and $2,000,000 aggregate).
SCOPE OF WORK
The following are tasks that respond to the draft scope of services described by Paul McCreary in his
email of August 8.
7 Nace Avenue, Piedmont, CA 94611
Phone: 610.407.3161 Fax: 610.650.7892
Steven.SplckAt4ff -comcast.net
Land Economics Consultants, LLC i7l - de
Economics Proposal to RHAA for Dublin
September 11, 2013
Page 2
Task 1: Project Startup and Initial Reconnaissance
Participate in project start up meetings including the client group and the RHAA team. Discuss
possible management and operating models with Dublin staff. Collect information on costs of
operating and maintaining the cemetery in the past, including responsibilities of the City of Dublin,
the Dublin Historical Preservation Association, and any other participants.
Briefly tour the site and the surrounding area to see what has changed since our last engagement
with the Historic Park site.
Task 2: Market Assessment
Review City records on any recent utilization of the cemetery. Research and analyze statistical
indicators of demand for cemetery services, by type of internment, in the Dublin market area.
Prepare a brief overview of the market context for planning a cemetery expansion.
Task 3: Research Operational Models
Identify and interview several entities with experience operating cemeteries in the Bay Area.
Describe the options that might be suitable for use by the City of Dublin. Quantify typical revenue
and operating cost factors for facilities of comparable types in this region.
Describe the opportunity that could be created with expansion of Dublin's Historic Cemetery to
other operators, and obtain general expressions of interest in becoming involved in future
cemetery operations in the park.
Evaluate options and formulate recommendations for how Dublin might like to collaborate with a
third party operator in the expanded cemetery.
Task 4: Operating Revenues and Expenses
Working with estimates from the RHAA team of the number of internment possibilities that could
be created in alternative expansion projects, estimate revenue potential and the phasing of
revenue flows for each alternative. Estimate operating costs associated with each alternative.
Task 6: Financial Analysis
Working with estimates from the RHAA team of the capital costs required to produce each
alternative expansion project, estimate the "financial feasibility" of each alternative, comparing the
required investment with the potential returns from future operations of the expanded cemetery.
Task 6: Teamwork and Reporting
LEC will participate in team phone calls and internal team meetings as necessary during the
course of the study. LEC will prepare sections of a team report document produced by the above
research and analysis tasks. LEC will be available to participate in meetings with project
stakeholders as directed by RHAA.
Land Economics Consultants, LLC
Economics Proposal to RHAA for Dublin
September 11, 2013
Page 3
All of the work described above will be performed by LEC's Managing Principal, Mr. Steven E. Spickard.
Mr. Spickard's standard billing rate is $175 per hour. LEC has estimated the hours by task in the table
below and is prepared to conduct the scope of work described above on a time-and-expenses basis, not-
to-exceed $16,800. Costs of local travel for meeting attendance and minor costs for data purchases will
be included within the not-to-exceed limit. We do not expect any other expenses for this assignment.
Invoices will be submitted on a routine monthly billing cycle through the end of each month based on the
hours expended to date.
Estimated Costs by
. Hours Task
Task 1:
Project Startup and Initial Reconnaissance
8
$1,400
Task 2:
Market Assessment
16
$2,800
Task 3:
Research Operational Models
32
$5,600
Task 4:
Operating Revenues and Expenses
8
$1,400
Task 5:
Financial Analysis
16
$2,800
Task 6:
Teamwork and Reporting
16
$2,800
•• ' M
AUTHORIZATION TO PROCEED
This assignment may be initiated by return of one countersigned copy of this engagement letter. The
client has the option of terminating the study at any time with only the costs incurred to date being due
and payable.
Thank you for the opportunity to submit this proposal. If modifications of this proposed scope of work
would fit your expectations better, please to do not hesitate to call.
Respectfully submitted,
Steven E. Spickard, AICP, LEED AP
Managing Principal
Authorized by:
Title:
Date:
COMPENSATION SCHEDULE
J:1 wpd \Mnrsw111410011Formslstandard consultant services agreement.doc
Consulting Services Agreement between October 1, 2013
City of Dublin and RHAA -- Exhibit B Page 1 of 1
A.
Mobilization and Assessment
1
2
16
1]
Kick- off meeting
3
3
24
2)
Site Analysis
2
12
12
3)
Base Map
0.5
4
16
4)
Regulatory Agencies
U.S
6
34
S)
Analysis nfaccess
1
8
16
6)
Develop Opportunities and Constraints Mapping
l
2
16
7)
Needs assessment / Market assessment
x
8\
Meet with City to discuss analysis todate.
3
3
4
9)
Prepare for Workshop
1
8
16
10)
Conduct public workshop on goals and objectives
4
4
4
B. Master Plan
1]
Existing Cemetery Updates
1
2
16
2>
Develop a Conceptual Site Plan for existing
2
8
24
3)
Develop two Conceptual Site Plans for New Area
2
4
16
4)
Meet with City tV review alternatives
3
3
5)
Refine preferred alternative
2
4
34
6)
Develop operational model/plan
x
7)
Develop estimates for outlay, operating expenditures
and
revenue
x
K)
Conduct Public Workshop present draft master plan,
4
4
4
9)
Based on input, revise the plan. Prepare report
1
4
16
10)
Joint Commission Meeting Presentation on draft plan
4
11>
City Council Presentation
4
12\
Prepare final amendment to Master Plan document
1
4
16
Hours
40
83
198
Hourly Rate
$180
$100
$85
Fee per Person
$7,200
$8,300
$16,660 $16,800
Service Fee Per Firm
$32,180
$16,800
Service Fee
$48,960
EstimatedBeimbunsab|eo
$500
CITY OF DUBLIN
BUDGET CHANGE FORM FISCAL YEAR 2013/2014
New Appropriations (City Council Approval Required):
From Un- Appropriated Reserves
From New Revenues
CHANGE FORM #
Budget Transfers:
X From Budgeted Contingent Reserve (Approval Req'd)
Within Same Department Activity
Between Departments (City Council Approval Req'd)
Other:
INCREASE BUDGET ACCOUNT AMOUNT INCREASE BUDGET ACCOUNT AMOUNT
Name: EXPENDITURE: General
Fund — Budgeted Contingency
GL Account #: 1001.1901.81101
$19,460.00
Name: Parks& Facilities
Dev /Professional Services General
GL Account #: 1001.7901.65101
$19,460.00
REASON FOR BUDGET CHANGE ENTRY:
Dublin Historic Park & Museum phasing is one of the City Councils key budget initiatives for FY 2013 -14.
FY 13 -14 Appropriations include $30,000 for consultant services to re- evaluate the assumptions and costs
included in the 2005 Historic Park Master Plan for the cemetery expansion, as well as determine the
financial feasibility of the project. Staff has received a proposal from rhaa, and the estimated cost is
$49,460. Staff recommends City Council to approve a budget transfer of $19,460 from Budgeted
Contingency to Parks & Facilities Development program.
As Presented at the City Council Meeting on:
#################(Finance Use Only) # # # ### /#############
Posted By:
City Council Minutes Excerpt Attached Reviewed By.
Date
Date:
10/1/13
ATTACHMENT 1