HomeMy WebLinkAboutDelcamp Preservation and Planning; 2021-11-23;City Attorney Approved Version 6/12/181
AGREEMENT FOR MILLS ACT PROGRAM DEVELOPMENT SERVICES DELCAMP PRESERVATION & PLANNING
THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2021, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and DELCAMP PRESERVATION & PLANNING, a sole proprietorship, ("Contractor").
RECITALS
A.City requires the professional services of a consultant that is experienced in
program development of the Mills Act. B.Contractor has the necessary experience in providing professional services andadvice related to Mills Act program development C.Contractor has submitted a proposal to City and has affirmed its willingness andability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1.SCOPE OF WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in attached Exhibit "A", which is incorporated by this reference inaccordance with this Agreement’s terms and conditions.
2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in the
Metropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise.
3.TERMThe term of this Agreement will be effective for a period of one (1) year from the date first abovewritten. The Community Development Director may amend the Agreement to extend it for one (1)additional one (1) year period or parts thereof. Extensions will be based upon a satisfactory reviewof Contractor's performance, City needs, and appropriation of funds by the City Council. Theparties will prepare a written amendment indicating the effective date and length of the extendedAgreement.
4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement.
5.COMPENSATIONThe total fee payable for the Services to be performed during the initial Agreement term will betwenty-four thousand three hundred fifty dollars ($24,350). If the city elects to exercise Optional
Tasks as outlined in Exhibit “A” the fee for those additional services will be nine thousand sevenhundred fifty dollars ($9,750), for a total Agreement amount not to exceed thirty-five thousanddollars ($35,000). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. The City reserves the right to withhold aten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit"A".
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
23rdNovember
City Attorney Approved Version 6/12/18 2
Incremental payments, if applicable, shall be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor.
7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
City Attorney Approved Version 6/12/18 3
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work.
10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
City Attorney Approved Version 6/12/18 4
maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement.
10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements.
11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement. For City For Contractor
Name Jeff Murphy Name Teri Delcamp
Title Director Community Development Title Owner
Department Community Development Address 2647 Gateway Road, Suite 105 #228
City of Carlsbad
Address 1635 Faraday Avenue Phone No. 760-845-6905
Carlsbad, CA Email teri@delcamp-preservation.com
Phone No. 760-602-2783 Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
City Attorney Approved Version 6/12/18 5
16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories.
Yes No 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
City Attorney Approved Version 6/12/18 6
under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld. 25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
City Attorney Approved Version 6/12/18 7
26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.
DELCAMP PRESERVATION & PLANNING, a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) JEFF MURPHY Community Development Director
Teri Delcamp/owner
(print name/title)
ATTEST:
By:
(sign here) Tammy R. McMinn for FAVIOLA MEDINA City Clerk Services Manager
(print name/title)
If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM: CELIA A. BREWER, City Attorney
BY: _____________________________ Assistant City Attorney
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
EXHIBIT "A"SCOPE OF SERVICES AND FEE SCHEDULE
Scope of Work
Task 1 – Kick-Off Meeting
This task includes preparation of background information on the Mills Act to present to city
staff at the kick-off meeting. DP&P will also provide a set of Mills Act program scoping
questions to city staff prior to the meeting to facilitate productive meeting discussions. Ms.
Delcamp will attend the kick-off meeting in the capacity of DP&P Principal.
Deliverables: One (1) set of Mills Act scoping questions (electronic); One (1) Mills Act
summary sheet (hard copy at meeting and electronic post meeting); One (1) meeting agenda
(electronic and hard copy); One (1) meeting discussion summary (electronic post meeting).
Task NTE Fee: $1,720
Task 2 – Mills Act Program Outline
Based on discussion and input from city staff at the kick-off meeting, DP&P will prepare a
draft Mills Act Program outline of the overall program parameters and submit it to city staff
for review and comment. Upon receipt of a single set of internally consistent and non-
conflicting review comments from the city, DP&P will revise the document and submit a final
Mills Act Program outline to the city for approval. The outline will direct the scope and
content of the Program throughout the rest of the tasks.
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
City of Carlsbad Mills Act Program Proposal - Page 2
Deliverables: One (1) Draft Mills Act Program Outline (electronic); One (1) Final Mills Act
Program Outline (electronic).
Task NTE Fee: $1,780
Task 3 – Draft Mills Act Program
DP&P will develop a draft Mills Act Program description based on the approved Program
Outline. The draft Program will identify the city department that will administer the Mills Act
Program, detail the implementing mechanism selected by the city (i.e., ordinance or
resolution), identify applicant eligibility criteria, and describe the envisioned application
process, anticipated application form components, and the city’s application approval
process. A draft application form using the city’s template will be provided with this task.
DP&P will attend Progress Meeting #1 to present the draft Program to city staff for review
and comment. Upon receipt of a single set of internally consistent and non-conflicting review
comments from the city, DP&P will revise the document and submit a final Mills Act Program
to the city for approval.
Deliverables: One (1) Draft Mills Act Program document (electronic and hard copy); One (1)
Final Mills Act Program document (electronic).
Task NTE Fee: $4,280
Task 4 – Draft Mills Act Implementing Document
This task includes preparation of a draft ordinance or resolution (per city’s direction in
previous tasks) to implement a Mills Act Program in the City of Carlsbad. It is anticipated that
this task will include two city staff reviews followed by one city attorney review. DP&P will
revise the document upon receipt of a single set of internally consistent and non-conflicting
review comments after each of the two city staff reviews. DP&P will submit the revised final
draft document to the city for city attorney review. The city attorney’s review comments will
be addressed and incorporated into the deliverables provided in Task 6.
Deliverables: One (1) First Draft Mills Act Implementing document for staff review
(electronic); One (1) Revised Draft Mills Act Implementing document for staff review
(electronic); One (1) Final Draft Mills Act Implementing document for city attorney review
(electronic).
Task NTE Fee: $2,230
Task 5 – Draft Informational Bulletin
DP&P will begin drafting an informational bulletin (IB) using the city’s template concurrent
with Task 4, and will submit the first draft IB for city review after completing Task 4. The IB
is intended to be used by the city to inform both city staff and the general public about the
Mills Act program and process. This task assumes one review of the first draft and up to three
reviews of revised IB drafts by city staff for a total of four reviews. (Additional reviews
beyond four within this task will incur additional billed hours and may require a contract fee
augment; DP&P will discuss with the city’s project manager how the additional hours will be
addressed prior to starting the additional work.) After each review, upon receipt of a single
set of internally consistent and non-conflicting review comments from the city, DP&P will
revise the IB and submit it to the city for review. The final review comments will be
addressed and incorporated into the deliverables provided in Task 6.
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
City of Carlsbad Mills Act Program Proposal - Page 3
Deliverables: One (1) First Draft Mills Act IB for staff review (electronic); One (1) Revised
Draft Mills Act IB for staff review (electronic); One (1) Second Revised Draft Mills Act IB for
staff review (electronic); One (1) Third Revised Draft Mills Act IB for staff review (electronic).
Task NTE Fee: $2,880
Task 6 – Final Mills Act Program Implementing Documents
This task begins with Progress Meeting #2 to ensure DP&P moves forward with the city’s
concurrence regarding approach to finalize the deliverables from Tasks 3 – 6 (Mills Act
Program/application, Ordinance/Resolution, Informational Bulletin). DP&P will submit a
complete set of deliverables to the city for review. Upon receipt of a single set of internally
consistent and non-conflicting review comments from the city, DP&P will revise the
deliverables and submit them to the city for approval. This task will essentially complete the
documents that will be used as attachments to the staff reports.
Deliverables: One (1) set of Draft Final documents including Mills Act Program, application
form, Ordinance/Resolution, and Informational Bulletin for staff review (electronic); One (1)
set of revised Final documents including Mills Act Program, application form,
Ordinance/Resolution, and Informational Bulletin for city approval (electronic).
Task NTE Fee: $2,080
Task 7 – City Approval Process
DP&P will prepare the staff reports and PowerPoint presentations using city templates for
consideration by the city’s advisory Commission and the City Council. DP&P assumes for the
purpose of this proposal that the advisory Commission will be the Historic Preservation
Commission (HPC), but it can be interchanged with the Planning Commission (PC) at the city’s
direction. (If the city directs that consideration is to be provided by both the HPC and the PC,
then the additional Commission consideration is an added optional task and cost as set forth
below.) DP&P will prepare initial drafts, and revise staff reports and PowerPoint
presentations to the extent accommodated by the billable hours assigned to this task to
achieve final city approval and sign-off. DP&P will provide verbiage and CEQA categorical
exemption section(s) for city meeting notices. DP&P’s Project Manager will attend both
meetings and is prepared to present the agenda item to the Commission and the City Council.
This task assumes up to four hours of attendance at each of the Commission and City Council
meetings.
Deliverables: One (1) HPC and one (1) City Council meeting notice verbiage including CEQA
categorical exemption section(s) (electronic); One (1) draft HPC staff report with
attachments and PowerPoint presentation (electronic); One (1) draft City Council staff report
with attachments and revised HPC PowerPoint presentation (electronic); Revised staff reports
and PowerPoint presentations (electronic).
Task NTE Fee: $6,400
Task 8 – Coastal Commission Support
DP&P will provide assistance where necessary for the city Project Manager’s preparation of
the city’s application to the California Coastal Commission if such application is required
based on Mills Act Program implementation. This task includes verbiage for the six-week LCPA
notice to be used by the city’s Project Manager at the appropriate time during Task 7if an
LCPA is necessary. DP&P’s Project Manager will attend the Coastal Commission meeting if
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
City of Carlsbad Mills Act Program Proposal - Page 4
desired by the city, assuming up to four hours of time for travel to and from and attendance
at the meeting.
Deliverables: One (1) set of information requested by the city’s Project Manager.
Task NTE Fee: $2,280
Optional Additional Tasks (Additional Cost Items – see attached fee schedule)
Optional Task 1 - Community Workshop: What's in it For You?
This task would be advisable should the city desire to promote and encourage the public’s
active engagement with and support for the Mills Act in the City of Carlsbad. This task would
ideally occur early on in the contract period between Tasks 3 and 4. DP&P would prepare the
verbiage for the public workshop notice for city distribution/publication, and prepare
workshop sign-in sheets, the PowerPoint Presentation and handouts. DP&P’s Project Manager
will conduct the workshop at a location provided by the city. The Project Manager will
provide a summary of the workshop’s Q&A responses to city staff and will attend an
additional Progress Meeting with city staff if deemed desirable by the city. This task includes
12 hours of Project Manager and 20 hours of Lead Preservation Planner time.
Optional Task 2 – Planning Commission Consideration
This task only needs to be added if the Planning Commission will consider the project in
addition to the Historic Preservation Commission. The task includes preparation of initial and
revised staff reports using city templates; a revised HPC PowerPoint presentation using the
Planning Commission template; and attendance and presentation of the item by DP&P’s
Project Manager at the Planning Commission meeting. Includes attendance of DP&P’s Lead
Preservation Planner at Planning Commission briefings if required by the city. This task
includes 4 hours of Project Manager and 15 hours of Lead Preservation Planner time.
Optional Task 3 – Staff Training Presentation
This task would occur following City Council approval for staff who would be actively involved
in informing the public, taking in applications, and administering the Mills Act program on a
regular basis. The task includes the preparation of a PowerPoint training presentation based
on the Informational Bulletin. The city may arrange for the training to be recorded by city
personnel if desired for future use. DP&P’s Project Manager will present one training session
in a location provided by the city. This task includes 10 hours of Project Manager and 10 hours
of Lead Preservation Planner time.
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
FEES
COST ASSUMPTIONS
2. No work beyond this scope of services will be conducted without prior written authorization from the City.
3. Meetings will be either in-person or virtual at City's direction.
COST PROPOSAL Task 1 Task 2 Task 4 Task 5
Labor
Team Member:Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours Hours
Principal $180 8 $1,440 2 $360 1 $180 1 $180 $1 $180 1 $180 $1 $180 $0 $0 1 $180 $
Project Manager $150 53 $7,950 3 $450 2 $300 10 $1,500 2 $300 5 $750 5 $750 2 $300 2 $300 4 $600 4 $600 10 $1,500 4 $600
Lead Preservation Planner $130 112 $14,560 7 $910 10 $1,300 20 $2,600 $10 $1,300 15 $1,950 $10 $1,300 20 $2,600 20 $2,600 $$
Senior Planner/Historian $120 $$$$$$$$$$$$$
Senior CEQA Planner $120 $$$$$$$$$$$$$
Planner/Historian $100 $$$$$$$$$$$$$
Technical Editor $90 $$$$$$$$$$$$$
Graphics $70 $$$$$$$$$$$$$
Project Assistant $50 $$$$$$$$$$$$$
Total NTE Labor $23,950 $1,720 $1,780 $4,280.00 $300 $2,230 $2,880 $300 $1,780 $3,200 $3,200 $1,680 $600
Reimbursables
Travel $200
Printing/Courier $200
Total NTE Reimbursables $400
Total Contract NTE $24,350
CC Public
Hearing
CCC
Application
Support CCC Hearing
NTE estimates - will be invoiced at actual cost. Not to
exceed estimate includes travel for in-person meetings to
be billed at 2021 and 2022 IRS mileage rates (will need to
be increased to lowest fare/cost for travel to CCC meeting if
outside SD/OC/LA Counties), printing, courier, etc.
Cost Cost Cost Cost CostCostCostCostCost$ Rate/Hr Cost Cost Cost Cost
Draft
Informational
Bulletin
Progress
Meeting 2
Final
Program/Ordi
nance
HPC Public
Meeting/
PresentationGrand Total
Prep & Kickoff
Meeting
ProgramOutlin
e Draft Program
Progress
Meeting 1
Draft
Ordinance
Task 7 Task 8
1. Contract is based on time and materials for work that is conducted; work identified in the scope of services that is not conducted will not be
charged to the City, such as meetings that are not needed or hours not expended on particular tasks.
4. Adoption process assumes consideration by Historic Preservation Commission for their recommendation to the City Council, and final
consideration by the City Council. Planning Commission informational item would be additional optional task.
Task 6Task 3
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A
FEES
Optional Tasks (Additional Cost Items)
Optional Task 1 - Community Workshop: What's in it For You?
Project Manager - 12 hours
Lead Preservation Planner - 20 hours
Task Total - $4,400
Optional Task 2 - Planning Commission Consideration
Project Manager - 4 hours
Lead Preservation Planner - 15 hours
Task Total - $2,550
Optional Task 3 - Staff Training Presentation
Project Manager - 10 hours
Lead Preservation Planner - 10 hours
Task Total - $2,800
DocuSign Envelope ID: 949050D2-264B-4F40-A1BA-2DD63DB4B51A