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4.8 - 1277 Project Acceptance and Budget Change
Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: January 10, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Acceptance of Dublin Library Tenant Improvements and Related Actions Prepared by: Rosemary Alex, Parks & Facilities Development Coordinator EXECUTIVE SUMMARY: On June 7, 2016 the City Council awarded a construction contract for the Dublin Library Tenant Improvements (CIP Project No. PK0315). The work is now complete and ready for City Council acceptance. Staff is also seeking City Council approval of a contract amendment for architectural services, a change order for construction costs, and a budget change to cover the increased costs to close out the project. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Dublin Library Tenant Improvements (CIP No. PK0315); adopt the Resolution Approving Amendment #2 to the Consulting Services Agreement between the City of Dublin and Bull Stockwell Allen Architects; authorize the City Manager to execute Contract Change Order #4 with A & E Emaar Company; and approve the budget change. FINANCIAL IMPACT: A Budget Change is necessary to cover additional design fees related to mechanical and electrical upgrades during construction and a final construct ion change order which exceeds the 10% construction contingency. Existing Project Budget: $267,456.00 Budget Change (Needs Approval): $9,502.00 Total Project Budget: $276,958.00 Bull Stockwell Allen Architects Original Contract Amount: $25,900.00 Amendment #1: $16,900.00 Amendment #2 (Needs Approval): $6,800.00 Total BSA Contract: $49,600.00 Construction Contract Original Contract Amount: $176,200.00 Page 2 of 3 Changes Orders #1, 2 & 3 $17,620.00 Change Order #4 (needs approval): $2,612.25 Total Construction Contract: $196,432.25 Total Other Project Soft Costs: $30,925.75 DESCRIPTION: On June 7, 2016, the City Council approved a construction contract with A&E Emaar for the Dublin Library Tenant Improvement project , CIP No. PK0315. The scope of work included installation of new storefront doors, HVAC and fire sprinkler modifications along with lighting and electrical work to improve 1,400 square feet of Library expansion area for the Center for the 21st Century Skills. Occupancy was granted by the City’s Building Department on December 27th, 2016 and the Library intends to program the space as soon as feasible. With the work complete, Staff is seeking formal City Council acceptance of the project. During construction there were additional modifications necessary to properly execute the project including modifications to the HVAC system, additional electrical requirements for A/V equipment to be provided by the Library, and the installation of new door hardware. Amendment #2 to the Agreement between the City of Dublin and Bull Stockwell Allen Architects is for the additional architectural, mechanical and electrical design fees to make the necessary modifications during construction. Additionally, those design changes resulted in change orders to the construction contract with A&E Emaar. Changes Orders 1, 2 and 3 were within the 10% contingency authorized to be approved by the City Manager, but Change Order 4, for additional door modifications and hardware and installation of a code compliant exit sign, exceeded the available construction budget and City Manager approval authority. A Budget Change in the amount of $9,500.00 is required to cover both the additional design fees and construction change orders. The City presently holds a performance bond in the amount of $176,200 to provide the necessary security for the performance of the work involved. Since the work is now complete and ready for acceptance, the performance security requirement can be reduced in accordance with authority contained in Section 66499.7 of the Government Code, to an amount necessary to guarantee warranty of the work for a one -year period following acceptance of the work. The Contractor will provide a new maintenance bond in the amount of $19,638, which is 10% of the final contract amount, and is sufficient to cover the one-year guarantee period. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Notice of Completion will be filed with Alameda County upon City Council action. A copy of the Staff Report was sent to Bull Stockwell Allen Architects, A&E Emaar and the Alameda County Library. ATTACHMENTS: 1. Resolution Accepting the Dublin Library Tenant Improvements (CIP No. PK0315) Page 3 of 3 2. Resolution Amending Agreement with Bull Stockwell Allen 3. Exhibit A to Resolution - Amendment #2 to Agreement with BSA Architects 4. Contract Change Order No. 4 with A & E Emaar Company 5. Budget Change Form ATTACHMENT #1 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ACCEPTING THE DUBLIN LIBRARY TENANT IMPROVEMENTS (CIP NO. PK0315) WHEREAS, on June 7, 2016, the City of Dublin entered into a contract with A & E Emaar to perform Contract No. PK0315, Dublin Library Tenant Improvements; and WHEREAS, the improvements have been completed in accordance with the plans and specifications, and any approved modifications thereof, to the satisfaction o f the City Engineer of the City of Dublin; and WHEREAS, as a condition of the contract, A & E Emaar is required to warranty the improvements for a period of one year following acceptance of the work by the City of Dublin ; and WHEREAS, the improvements are now completed, and the original performance bond security requirement can be reduced, in accordance with the authority contained in Section 66499.7 of the Government Code of the State of California, to an amount found necessary to guarantee maintenance of the completed work for a one-year period. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby: Approve and accept the improvements completed for the Dublin Library and authorize Staff to file a Notice of Completion with Alameda County, subject to the one-year warranty period; and Release the original performance security bond in the amount of $176,200 and accept a maintenance bond as security for the one -year maintenance period in the amount of $19,638; and Authorize the City Manager or his designee to release the retention, if after 35 days of filing the Notice of Completion there are no subcontractor claims. PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk ATTACHMENT 1 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND BULL STOCKWELL ALLEN FOR ADDITIONAL SERVICES FOR THE LIBRARY TENANT IMPROVEMENT PROJECT (CIP NO. PK0315) WHEREAS, the City Manager approving an agreement with Bull Stockwell Allen on August 11, 2014 for Design Services for the Library Tenant Improvement project; and WHEREAS, the City Council on October 6, 2015 adopted Resolution 163-15 rejecting all bids and directed Staff to re-bid the project with modifications at a later date; and WHEREAS, the City Manager approved Amendment #1 to the Agreement with Bull Stockwell Allen to make the modifications; and WHEREAS, the project was re-bid with modifications; and WHEREAS, the City Council on June 7, 2016, approved the award of a construction contract; and WHEREAS, during construction additional design services were required to complete the project; and WHEREAS, Bull Stockwell Allen performed the additional design services; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby approve the Amendment to the Agreement with Bull Stockwell Allen, attached hereto as Exhibit A, for the Library Tenant Improvement project (CIP No. PK0315). BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment. PASSED, APPROVED AND ADOPTED this 10th day of January, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ATTACHMENT 1 _________________________________ City Clerk AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BULL STOCKWELL ALLEN THIS AMENDMENT shall modify the Agreement dated August 11, 2014 for consulting services by and between the City of Dublin ( "City ") and Bull Stockwell Allen ( "Consultant "). The date of Amendment #2 shall be January 10, 2017. In order to accommodate additional services to be provided during construction of the Dublin Library Tenant Improvement project (pk0315) the Agreement shall be modified as follows: A) The first paragraph of Section 2 shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $49,600 (Forty -nine thousand and six hundred dollars), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. CITY OF DUBLIN CONSULTANT Christopher L. Foss, City Manager Marana Chow, Architect Amendment #2 To Consultant Services Agreement between January 10, 2017 City of Dublin and Bull Stockwell Allen bull stockwell alien ARCr+ITECTURE + PLANNING . INTERIGHS August 9, 2016 Meghan Tiernan Parks and Facilities Development Coordinator City of Dublin 100 Civic Plaza Dublin. CA 94568 RE: Additional Service Proposal for Architectural Services for the Dublin Library Expansion Additional Construction Administration Services Dear Ms. Tiernan, Bull Stockwell Allen is pleased to provide this proposal to the City of Dublin for more construction services additional to the original contract dated Aug. 11, 2014, amended 07/11/16 to extend terms of service date. The attached proposal is based on providing additional construction administration services beyond those in the original agreement. This includes three (3) more architectural site visits, more detailed construction administration assistance (power /data coordination, clarifications) and more assistance from our consultants beyond one punchlist site visit. Additional services are for the period of construction which is 90 days from the start construction date of July 14, 2016. We propose to bill these additional services as a fixed fee under the terms of our original agreement. Reimbursable expenses for travel, printing and distribution are not included in this fee. BSA Architects Architecture (2 hrs. per wk. average plus) $4,800 O'Mahoney & Myer Electrical Engineering $1,200 Guttman & Blaevoet Mechanical Engineering $800 Total $6,800 We thank you for giving us the opportunity to submit our proposal and would look forward to discussing further with you if there are any questions. Sincerely yours, Marana Chow Architect BULL STOCKWELL ALLEN 300 Montgomery Street, Suite 1135 San Francisco, CA 94104 T: 415.281.4720 bsaarchitects.com San Francisco London Vermont CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BULL STOCKWELL ALLEN THIS AGREEMENT for consulting services is made by and between the City of Dublin CC41 and Bull Stockwell Allen ("Consultants as of August 11, 2014. Sermon 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 June 30, 2015, the date of completion specified in Exhibit A, and Consultant shall compiete the wont 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 Citys 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 Consultants profession. 13 Assignment of Personnel. Consultant shalt 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 arty 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 seRric es pursuant to this Agreement as may be reasonably necessary to meet the standard of performan+c:e provided in Section 1.1 above and to satisfy Consultants obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $25,900 (Twenty4vve thousand and nine hundred dollars), notwithstanding any contrary indications that may be contained in Consultants 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, time Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein, Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between August 11, 2014 City of Dublin and Bull Stockwell Allen Page 1 of 13 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; ■ At City s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ■ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any 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 Consultants 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 PayTnent 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 shag 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 In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Consulting Services Agreement between August 11, 2014 City, of Dublin and Bull Stockwell Allen Page 2 of 13 2.5 Hourly Fees. t=ees for work performed by Consultant on an hourly basis shall not exceed the amount shown on Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $1,500.00 (One thousand and five hundred dollars). 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 Egt.IIPMENT. 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 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 Clty. 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 friability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Consulting Services Agreement between August 11, 2014 City of Dublin and Bull Stockwell Allen Page 3 of 13 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 altemative, 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, V 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 mail 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 worts to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limn. 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 scone 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 led. 1173) 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 Automobile Liability form CA 0001 (ed.12190) 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 wAth respect to each of the following: liability arising out of acclivities performed by or on behalf of Consultant products and completed operations of Consultant, premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consulting Services Agreement between August 11, 2014 City of Dublin and Bull Stockwell Allen Page 4 of 13 Consultant: The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover or an occurrence or an accident basis, and not on a claims -made basis. C. An endorsement must state that overage is primary insurance with respect to the City and its officers, agents, employees and volunteers, and that no insurance or self- insurance maintained by the City shall be called upon to cortdbute 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 mail has been given to the City. Consultant shall notify City within 14 days of notification from Consuitaanfs insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional WWI& 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 canceled except after thirty (30) days' prior written notice by mail has been given to the City. 4,3,3 The following provisions shall apply if the professional liability coverages are written on a claims -made form: a. The retroacWe date of the policy must be shown and must be before the date of the Agreement. b, Insurance must be maintained and evidence of insurance must be provided for at least fire 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 foram 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 Consultants sole cost and Consulting Services Agreement between August 11, 2414 City of Dublin and Bull Stockwell Allen Page 5 of 13 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. 4A.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall fumisb City with certificates of insurance and with original endorsements effecting coverage required herein. The cert'if'icates 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 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 selfinsured 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.. 4.4.5 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, Consulting Services Agreement between August 17, 2014 City of Dublin and Bull Stockwell Allen Paget; of 13 4.5 Rernedies. In addition to any other remedies City may have it 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 aftematives 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, andlor ■ Terminate this Agreement. Section 5, INDEMNIRCA71ON AND CONSULTANT'S RESPONSIBILMES. 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 lave or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or wil ful 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 fife, 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 Indelpendent.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 Consultants services rendered` pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; Consulting Services Agreement between August 11, 2014 City of Dublin and Suit Stockwell Allen Page 7 of 13 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. limned to eligibility to enroll in the California Public Employees Retirement System (PEPS) 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 REgUUIREMENTS, 7.1 Governing Law. The laws of he State of California shall govern this Agreement. 7.2 Compliance with Agplicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 tither Governmental Regulations. To the extent that this Agreement maybe 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 ir, effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7,5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion; color, national orgin, 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. Consulting Services Agreement between August 11, 2414 City of Dublin and Bull Stockwell Allen Page 8 of 13 Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (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 er 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 82 Extension. City may, in its sole and exclusive discrefion, 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 Subcontracfi'ina. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultants 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. 8.6 Survival. All obligations arising prior to the termination of this Agreement and ail 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; Oonsutting Services Agreement between August 11, 2014 City of Dublin and Buhl Stockwell Allen Page 9 of 13 8.61 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement, 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans,, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that; until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records, Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 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 Inspgoon and Audit of Records. Any records or documents that Section 92 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, andfor copying at any time during regular business hours, upon oral or wrftten request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAIN D 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 Consulting Services Agreement between August 11, 2014 City of Dublin and Bull Stockwell Allen Page 10 of 13 that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severabi%Ity. if a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole 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 shalt 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 terrh 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 Califomia Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appoints 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 etseq., 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 § 1490 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. Consulting Services Agreement between August 11, 2014 City of Dublin and Bull Stockwell Allen Page 11 of 13 10,9 Contract Administration. This Agreement shad be admirtistered by the City Manager ( "Contract Administrator'). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: David D. boss, President Bull Stockwell Allen 300 Montgomery Street, Suite 1135 San Francisco, CA 94104 10.11 Any written notice to City shall be sent to: Paul McCreary, Parks & Community Services Director City Of Dublin 100 Civic Plaza Dublin, CA 94568 Professional Seal. here applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stadmped /sealed and signed by the licensed professional responsibie for the reportldesign preparation. The stamp /seal shall be in a block entitled "Seal and Signature of Registered Professional with reportldesign responsibility," as in the following e.ample. 10.12 In ration. This Agreement, including the scope of work attached hereto and :incorporated herein as Exhibit A and Exhibit B, represents the entire and integrated agreement between Clay and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Consulting Services Agreement between August 11, 2014 CJ4 of Dublin and Bull Stockwell Alien Page 12 of 13 CITY OF DUBLIN K-F�� Christop r L. l=oss City Manager Attest: Caroline Soto, City Clerk Approved as to Form: Ain Bakker, City Afiomey CONSULTANT QS02— Da4 D. Ross, President Bull. Stockwell Allen Consulting Services Agreement between August 11, 2014 City of Dublin and Bull Stockwell Allen Page 13 of 13 EXHIBIT, SCOPE OF SERVICES Consulting Services agreement between August 1.1, 2104 City of Dublin and Bull StocloNell Allen— Exhibit A Page 1 of 1 EXHIBIT A poi' o "tl abrt AMMOTG-C7UPF+ PLA44HING - W- T.RICIAS July 14, 2014 Meghan Tieman Parks and Facilities Development Coordinator City of Dublin 100 Civic Plaza Dublin,. CA 94568 RE: Proposal for Architectural Services for the Dublin Library Expansion Dear Ms. Treman, Bull Stockwell Allen is pleased to provide this proposal to the City of Dublin to provide the schematic design, construction documentation and construction services for the expansion of the Children's Library per the project description provided and additional discussion on site. We appreciated the opportunity to walk the project together to review goals in more detail and are confident that our famillariiy with the base building and with library programs will enable us to Identify a functional, flexible and cost - effective solution that meets your goals. BSA's team of creative, solution- driven architects will include Project Architect, George Jansen and Job Captain, Marana Chow. George and I each have experience with the design and delivery of new library projects as well as remodels, upgrades and expansions. To underscore our commitment to project success, we have assembled a team of experienced consultants with previous experience with this building as well as numerous additional library projects. The attached proposal is based on our meeting on site and the initial conceptual layout and scope discussed. This approach would Include several full height acoustic partitions within the expansion area which would ;wire modifications to the ceiling system, existing lighting and controls, fire sprinkler layout, mechanical distribution, balancing and under floor electrical distribution. We have identified an alternative approach that would minimize these impacts and reduce both construction costs and project, fees and still provide the secured storage and acoustic isolation desired. We look forward to sharing this with you as an alternative in the Schematic Design phase where the final project scope will be determined. We thank you for givirg us the opporturity to submit our proposal and would look forward to working with you, the library stmt and the County in the delivery of this key component of the Center for the 2119 Century. Sincerely yours, David D. Ross, ALA, LE® AP BD +C President BULL STOCKWEH ALIEN 300 Mantgomery.street: Suite 1135 Sari Francisco, CA 94104 T: 415281.4720 bsaarchitewts.com San FrOWASCO London Vermont bull c-,tockwell alien ARC^OT CTLME +?LANNING" WTERICFVS TERMS + CONDITIONS July 2614 1. Validity and Effeai The following Tarms and Conditions are hereby incorporated by reference in the letter, proposal, or agreement ( "Agreement's to which they are attached. These Terris and Conditions will apply to all of the serviczs described in our Agreement, subject to a written amendment signed by the Owner and Architect. This Agreement is valid for thirty (30) days. 2. Fixed. Fee Stilling Billings are based on the percent complete of each phase of the Architect's work 3. Hourly tilling Biilipgs are based on the hours worked, including discounted Billings are based on the hours worked, including discounted travel time. Where an estimated total has been given, it Is not an upset figure but is provided solely to assist the Owner in project planning, 4_ Consultaifis Bull Stockwell Allen manages the services of the consultants under contract to us and coordinates their documents with our own, In addition, BSA will coordinate with those consultants under direct contract with the Owner. 5. Reimbursable Expenses Reimbursable expenses including, but not limited to, 0,ot000pies, specialty printing, prints, tong distance communications, travel, delivery, photograplTj Including professional photography fees to document the zompleted project, consultannts' reimbursable expenses, renderings, models, translation of electronic documents, project webstte fees, and any additional insurance that you request will be billed at standard rates. You also agree to reimburse us at our cost for ary sales tic, which may be assessed for our professional services. A listing of project expenses can be provided upon request at no charge. & Change In Services These are services beyond those agreed to, including but not limited to revisions due to the Owner's adjustments in the project scope, quality, budget, schedule, and value engineering occurring after design approval, The Architect's time incurred in negotiating a contract using a form other than AIA Documents will be a Change in Services. [Legal fees incurred in connection with the use of other contracts Will be a reimbursable expense.) 7. Imralcas BSA will issue an invoice every month for services performed during the previous month. Payment is due within 30 days or as of wvfte negotiated in writing by the Owner and Architect. interest will be payable after 30 days at a. rate of 11/n percent. We reserve the right to suspend work on past due accounts. The Owner agrees to reimburse BSA for all costs incurred by us, ; ncluding legal fees, .related to collection. & Groner Responsibilities and Node* Required The Cwner agrees to provide complete physical information about the site and/or buildings and legal, accounting, and .nwrance counseling services as may be required. BSA shall rely on the accuracy and completeness of the supplied information. 9. Dispute Resaruilan The Owner and Architect will attempt to resolve any dispute relating to our services by direct negotiations between the parties fnvo'ived pear to mediation. Any claim which is not resolved through negotiations where the disputed amount is less t'ren or equal to $100,000 LIS anchJor relates to ESA's compensation will be resolved by mediation tt accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Any unresolved claim, following rnedhatien, will be decided by final and binding arbitration In San Francisco, CA in accordance with the Construction Industry Rules of the American Arbitration Association. Further, any claim which is not resolved by mediation where the disputed amount is greater than $100,000 and which does non relate to BSA's compensation will be resolved by litigation In a court of competent Jun sdiction. 10. Chace of hair The laws of the State of California in. the united State`s. of America without regard to conflict of law issues shall govern our Agreement and any legal anion arising from it shall be brought In a court in this state. 11. Urnitation of Uabiitty To the fullest extent permitted by larv, our liability to you for ail damages arising out of cur services due to any cause, ncluding our negligence or breach, shall not exceed $50,000 or the amount of compensation paid to BSA, whichever is greater. 12 Ownamhlp of Documents Upon payment of services rendered, BSA agrees to transfer ownership rights of the programming to the Owner for use by others, including architects and engineers who Will Oversee and deveicp the work through additional design documentation and construction. As such, the Owner, its rapresentatives and other design team members agree to indemnify, and hold BSA harmless for the use and Implementation of BSA's programming and conceptual design work related to these or any other projects. Until the Architect has been Paid in toil for its services, the drawings, specifications, renderings and other documents, Inciudlhg those in aiectronic form prepared by ArcnBect and>or Acrtitacts consultants are instruments of Service and remain the propemy of the Architect. ,architect shall be deemed the author or the Instruments Of Service and retain all common law, statt.`tcry, and ofhar reserved rights, Including copyrights. 13. Tarrnination and Suspension This Agreement may be terminated by tl3e Owner or Architect upon written notice should one or the other party falls substantially to perform in acccrdance.with these Terns and Conditions. in the event of termination or project suspension, tiv Owner agrees to reimburse BSA for services and reimbursable expenses due. If the Owner suspends 'the project fcr more than 90 days, BSA reserves the right to adust fts flees to reflect current personnel and emcbiiization costs. Should BSA's services be terminated without breach of our obligations, The Oymer agrees to release BSA from ail ila fflty from the services we performed and to compensate us for all services pertonried and expenses Directly attributable to termination. 14. Asbestm and Hazardous Waste BSA does not perform services related to the Identification,. containment or removal of asbestos or hazardous waste, including pcllufants. To the event permitted by law, the Owner shall indemnify; defend and hold SSP, harmless from at claims, damages, !osses and expenses including reasonebe aitomey's gees to the extent caused by the erosting hazardous waste oorKAdons on the project site at the time of our performed services. �Y. 1$.Insurance BSA is protected by Workers' Compensation, Professional Liability, and Commercial General €iabiflty insurance. BSA will tumish copies of insurance certificates upon Owner's request. 16. Successors and Assigns The Owner and Architect agree, respectively, to bind our successors and ourselves to the terms of our Agreement The Owner shall not assign this Ageement or any of its rights, duties or serAoes to a third party. Any such assignment or attempt to assign shall, at BSA's election, render this Agreement null and void, and 3SA's earned compensation shall be immediately due and peyabie. BSA's services are undertaken and performed solely for the benefit and on behalf of the Owner and -tot for any third party, including without Grnttatlon, any contractor, subcontractor, user, occupant or owner of all or any part of the project. in performing its services, BSA will use the degree of care and sWtl typicaly exercised under similar circumstances by competent rnembers of the design professions practicing as of the date of performance of the services. No Implied or express warrart8es are applicable under the Agreer,*M Nothing herein establishes a fiduciary relationship between the pages nor shouid any term be construed to adend or exceed this standard of Dare. 16, IndernnMeaftn BSA shall not have ccrfrcl of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Project, for the acts or omissions of the architect of record, contsamcr, sub- contractor or any other persons performing any of the work. or the failure of any of them to carry cut the work in accordance with the Contract Documents. The Owner, as such and to the degree permitted by law, agrees to defend and indemnify BSA and cur Consultants against all dames, claims, losses, suftes and expenses, including attorney fees, related to the use of BSA's docL rents. I�..�i COMPENSATION SCHEDULE Consulting Services Agreement between August 11, 2014 City of Dublin and Bull Stockwell Alien -- Exhibit B Page 1 of 1 EXHIBIT B CONSULTANTS Mechanical Enufneer - GSE 30 $1 $2,100 $100 MecMcw Engtneen - OMM $00 $31 $4,900 $2(10 Cry Estimate - MAQG so '$1`, $1,500 so Toil Cormulfants $6,9D0l WW $SAN TOTALI $4,800 $16;1001 43,5001 $24,400 ,$1,5w Graphic Design - GNU Custom Room Signage & Mocfl =ons to Wayfind�V Signage 54,050 S= FF&E M & Procurement SeNow - BSA TED TED TSD 1. Project Area 1409 61:. 2. Toil Project Coss $129,000 3. Mechanioaf Scope 9mited to ad jasUng File SWhWer ieyout and minor adjustment to air dfstrlbdtlx_ 4. E*Vcai Scope ft ited to adpsft lighting eantrols, power dWkbAi©n mid Fire Alarm system 5, FF&E to be coordinated with preferred Ctty vendor for procurement by Clay. S. Bid Regtarements, Cieneral Candllions and Bid Distributlon by City. 7: Telecom & AN byCouray - Conduits and Racwmys onty by OMM. AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BULL STOCKWELL ALLEN THIS AMENDMENT shall modify the Agreement dated August 11, 2014 for consulting services by and between the City of Dublin ( "City ") and Bull Stockwell- Allen ( "Consultant "). The date of Amendment #1 shall be July 11, 2016. In order to accommodate additional services to be provided during construction of the Dublin Library Tenant Improvement project (pk0315) the Agreement shall be modified as follows: A) The first paragraph of Section 2 shall be rescinded in its entirety and replaced with the following: Section 1.1 Terms of Service. The term of this agreement shall begin on the date first noted above and shall end on June 30, 2017, and the 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. CITY DUBLIN Crtopher L. Foss, City Manager CONSULTANT JMarllha Chow, Architect Amendment #1 To Consultant Services Agreement between July 11, 2016 City of Dublin and Bull Stockwell Allen CITY OF DUBLIN 100 CIVIC PLAZA, DUBLIN, CALIFORNIA 94568 (925) 833-6630 (925) 829-9248 FAX Page 1 of 2 CONTRACT CHANGE ORDER Date: December 21, 2016 To: A & E Emaar Company AGREEMENT DATED: June 7, 2016 918-B Ramona Avenue Albany, CA 94706 Attn: Usama El-Saied Project Name: Dublin Library Tenant Improvements Project No. PK0315 Contract Change Order No. 4 Council Approved: Yes PO No. 17-00031 ASI #1 and Punchlist RFQ No. N/A Contractor’s CP No. NA OPR/CCD No. N/A You are hereby authorized to proceed with the following work in connection with the subject project to furnish all labor and material to complete work described by cost items listed on this Change Order. This change order is not effective until approved by the City. PCO No. Description Amount 7 Materials only for door frame at entry, door closing hardware at entry, locking hardware for closets, additional signage and vent panels. Materials and labor for hardwired lighted exit sign. $2,561.39 Total Amount of this Change Order: $2,561.39 Original Contract Amount: $176,200.00 Change by Previous Change Order(s): $ 17,620.00 Contract Price Prior to this Change Order: $193,820.00 Current Change Order Amount: $ 2,561.39 New Contract Amount including This Change Order: $196,381.39 INCREASE IN CONTRACT TIME: 0 days Budget adj Reversed.Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account AmountAccountAmount PK0315.9100.9101 -Salaries$5,375 PK0315.9200.9202 - Contract Services$2,750 PK0315.9500.9503 - Printing$321 PK0315.9400.9401 - Improvements$1,056 3500.9501.49999 (Transfers In)$9,502 PK0315.4106 (4106.9501.89101) - Public Facilities Fee - Library Transfers Out $9,502 1/10/2017 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN Budget adjustment for staff salaries and contract services due to the extended length of the project and mechanical changes during construction REASON FOR BUDGET CHANGE FISCAL YEAR 2016-17 BUDGET CHANGE FORM DECREASE BUDGET AMOUNTINCREASE BUDGET AMOUNT EXP: General Fund - Parks CIP - Library Tenant Improvement City Council's Approval Required