HomeMy WebLinkAboutReso 06-17 Bull Stockwell Allen for Library CIP RESOLUTION NO. 06 — 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: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: dva
City Clerk
Reso No. 06-17, Adopted 01/10/2017, Item No. 4.8 Page 1 of 1
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A) The first paragraph of Section 2 shall be rescinded in its entirety and replaced with the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
ARCHITECTURE.PLANNING•IN,MOPS
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.Tieman,
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 SERVICEltAGREEMENT BETWEEN
THE CITY OF DUBUN AND
BULL STOCICHELL ALLEN
THIS AGREEMENT for consulting services is made by and between the City of Dublin("City')and
Bull Stockwell Alen('Consultant')as of August 11,2014.
Section 1. Myjca. 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 team in the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A,the Agreement shall prevail.
1.1 Imsiikatas The term of this Agreement shall begin on the data first noted above
and shalt end on June 30,2015,the data of completion specified in faill2U,and
Consultant shall complete the work desabed in Exhibit'A prior to that date,unless the
term of the Agreement is otherwise temithated or extended,as provided for in Section 8.
The time provided to Consultant to complete the services required by he Agreement shad
not affect the City's right to terminate the:Agreement,as provided for in Section 8.
1.2 agnifergsfigftnnit Consultant shall perform aft 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 thegeographkal area in
which Consultant practices its profession. Consultant shad prepare al.work products
required by this Agreement In a substantial,first-class manner and shaft conform to the
standards of quality normally observed by a person preclidng In Consultants profession.
1.3 &akinglintablzavIeL Consultant shall assign only competent personnel to perform
services pursuant to this Agreement In the event that City,in its sole discretion,at any
time during the term of this Agreement,desires the reassignment of any such persons,
Consultant shag,immediately upon receiving notice from City of such desire of City,
reassign-such person or persons.
1.4 Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultants obligations hereunder.
BANAL COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed$25,900
Nenty-ilve thousand and nine 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 Consultants proposal,attached as
ExhibitA,regarding the amount Of Compensation;the Agreement shall prevail. City shalt pay Consultant
for services rendered pursuant to this Agreement at the lime 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 shad submit.aitinvoices to City in the manner specified herein.
Except as specifically authorized by City,Consultant shall not bill City forduplicata services performed by
more than one person.
Carnality Services Agreement between August 11,2014
City of Dubin and Bull Stockwell.Allen Page 1 of 13
.
Consultant and City acknowledge and agree that compensation paid by City to Consultant cinder this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
Including salaries and benells of employees and subcontractors of Consultant Consequently,the parties
further agree.that compensation hereunder is intended to indude the costs of contribudons to any pensions
and/or enmities to which Consultant and Its employees,agents.and subcontractors may be eligible. City
therefore has no responathility for such contributions beyond txxnpensation 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
ironed prior to the invoice date. Invoices shaft contain the blowing information:
• Serial identifications of progress blis;.i.e.,Progress Rh No. 1 for the first invoice,
etc.;
• The beginning and ending dates of the biting 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 scbcontractorof Consultant performing services
hereunder,as weft as a separate notice when the total number of hours of wok by
Consultant and any individual employee,agent,or subcontractor of Consultant
reaches or exceeds 800 hours,which sill include an estimate of the time
necessary to complete the work described in&WA&
• The Consultant's signature.
2.2 Mignadiangt, City shall make monthly payments,based on invoices received,for
services satisfactorily performed,and for authorized reimbursable costs inured. 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 Psn,,t 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 knroice,if all services required have been.satisfactorily performed.
2.4 Total Payment City shall pay for the services tQ be rendered by Consultant pursuant to
this Agreement City shall notpay 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 bran in aromas of the maximum
amount of compensation.provided above either for a task or for the.entire Agrreement,.
unless the Agreement is modified prior to the submission of such an invoice bye properly
executed change:oder or amendment
Consulting Services Agreement between August 11,2014
City of Dublin and Bui Stockwell Alen Page 2 of 13
2.5 Hour y Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on Exhibit B.
2.6 BgjamIE E wenses. Reimbursable expenses arespecilled below,and shall not
exceed$1,500.00(One thousand and five hundred dollars). Expenses notlsted below
are not chargeable to City. Reimbursable expenses are included ht 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-Consubant terminates this
Agreement pursuant to Section 8,the Clty.shall compensate the Consultant for all
outstanding cow and reimbursable expenses incurred for work satisfactorily completed as
of the date.of Written notice of termination. Consultant.shal maintain adequate logs and
timeeheets in order to verify costs Inured to that-date.
2.9 Autflodzadton fro Perform SeMcss. 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 Adnrinisbetor.
Section 3, FACILITIES AND EQUIPMENT. Except as set forth herein,Consu ltant.shal,at its sole
cost and eoqense,provide at facilities and equipment that may be necessary to perform the services
required by this Agreement City shall make available to Consultant only the fealties and equipment listed
in this section,and only'under the terms and conditions set forth hen*.
City shall furnish phy sical fader es such as desks,tiling cabinets,and conference space,as may be
reasonably necessary for Consultants use while consulting with City employees and reviewing Max*and
the Information in possession of the City. The iocation,quantity,and time of finishing those fealties sholt
be to 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 tinted to computer,long-distance telephone or other
communication charges,.vehides,and reproduction facities.
IIISURANCE REt1U1RENENTS. Before beginning any work underthis 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 requlzanents..of this
section and under fours of insurance satisfactory In all rasped 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 Consultants bid. Consultant shall not allow any subcontractor to
commence work-on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s)and provided evidence thereof to City. Verification of the required Insurance shall be
submitted and made pert of this Agreement prior to execution.
ion.
4.1 Workers'Conwenaadon. Consultant shall,at its sole cost and expense,maintain
Statuby Woricersr Compensation Insurance and Employer's Liability Insurance for any
and el persons employed directly orIt by by Consultant The Statutory Workers'
Consulting Services Agreement between August 11,2014
City of Dublin and Bull Stockwel Allen Page 3 of 13
Compensation insurance and Eniployer's Liability Insurance shad be provided with limits Of
not less than ONE MILLION DOLLARS($1,000,000.00)per accident In the alternative,
Consultant may rely on a self-insurance program to meet those requirements,but only if
the program of self-Insurance compies 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 disaffirm of the Contract Adn1nisbutor.The insurer,if
insurance is provided,or the Consultant,if a program of self-insurance is provided,shall
waive all rights of subrogation against the City and its officers,officials,employees,and
volunteers for loss arising from work performed under this Ageement
An endorsement.shall state that average shall not be canceled except after thirty(30)
days'prior written name by mail has been given to the City. Consultant shall notify City
within 14 days of notificaffon from Consultant's insurer if such coverage is suspended,
voided or reduced in coverage or in limits.
4.2 Commsrclai General and Atrtorn a Liability tnwrancs.
4.2.1 ginitangEh & Consultant,at its own cost and expense,shall maintain
commercial general and automobile lability 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 fonwor other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the.required occurrence limit Such coverage shall include but shall not be
limited to,protection against claims arising from bodily and personal injury,
including death resulting therefrom,and damage to property resulting from
activities contemplated under this Agreement,including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverane. Commercial general coverage shall be afoot as
broad.as Insurance Services Office Commercial General Liability occurrence form
CO 0001 (ed.11/88)or Insurance Services Office form number GL 0002(ed.1173)
covering comprehensive General Liability and Insurance Services Office font
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage.shall be at least as broad as insurance Services Office
Automobile Limey form CA 0001 (ed.12/90)Code 8 and 9(`any auto'). No
endorsement shat be attached limiting the coverage..
4.2.3 Each of the folowing shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers,employees,agents,and volunteers Mull be covered
as additional insureds with respect to each of the following:liability e[ismg
out of activities performed byoron 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 Min and Bull Stockwell Alen Page 4 of 13
•
•
Consultant The coverage shaft contain noepecial Imitations on the
scope of protection afforded to City or Its Acres,employees,agents,or
volunteers.
b. The insurance shad cover or an occurrence or an accident basis,and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
reaped to the City and its officers,agents,employees and volunteers,and
that no insurance or self-Insurance mainlined by the City shad be called
upon to contrbute to a loss under the coverage.
d. Any failure of CONSULTANT to compiywith worths)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 shaft not be canceled except
after thirty(30)days'prior written notice by mail has been given to the
City. Consultant shaft notify City within 14 days of notification from
Consultants insurer if such coverage is suspended,voided or reduced In
coverage or in limits.
4.3 Professional Liablity Insurance. Consultant at its n costand exPonse,shall
maintain for the period covered by this Agreement professional Bodily 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 My deductible or sell-Insured retention shaft not exceed$150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be canceled except after thkty
(30)days'prior written notice by marl has been given to the City.
4.34 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shavn and must be before the
date of the Agreement
b. Insurance must be maintained and evidence of Insurance must be
provided for at least five years after completion of the Agreement or the
work,so.long as commercially available at reasonable rates.
c if coverage is canceled or not renewed and it Is not repiaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement,Consultant must provide extended reporting coverage for
a minimum of five years alter completion of the Agreement Or the wort.
The City shad have the rightto enrolee,at the Consritant'S sole cost and
Consulting Services Agreement between August 11,2014
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 Ali Policies Reauirements.
4.4.1 Ag&RMLal of bison. AI insurance required by this section is to be placed
with insurers with a Bests'rating of no less than A.VII.
4.4.2 Alagjensgmgragel Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage.required.herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that Insurer to bind coverage on its behalf. The City reserves the right to
require complete,certified copies of all required insurance policies,at any time.
4.4.3 Subcontradiors. Consultant shall include all subcontractors as insureds under its
policies or shal furnish separate certificates and endorsements for each
subcontractor. Al coverages for subcontractors shall be subject to al of the
requirements stated herein.
4.4,4 Mali 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 Cit?s interests
are otherwise fuly protected.
4.4.5 asiggibhughtninlikili Consultant shah&close to and
obtain the approval of City iorthe 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 deduct tiles
or self-insured retentions with respect to City,its aficer4,employees,agents,and
volunteers. The ContractAdministrator may condition approval of an increase in
deducible or self-insured retention levels with a requirement that Consultant
procure a bond,guaranteehig payment of bases and related investigations,can
administration,and defense expenses that Is satisfactory in at respects to each of
them.
4.4.6 Malice of Reduction in Cohreraae. In the event that any coverage required by
this section Is reduced,limited,or materialy affected in any other manner,
Consultant shall provide written notice.to City at.Consubnfs earliest possible
opportunity and in no case later than five days after Consultant it notified of the
change In coverage.
Consulting Services Agreement between August 11,2014
City of Dubin and Bull Str ckwel Men Page li of 13
•
4.5 Emig, in addition to any other remedies City may have if Consultant faits to provide
or maintain any insuriance.poades or policy endorsements:to the extent and within the time
herein required,City may,at its sole option exercise•any of the Hewing reri edies,which
are alternatives bother 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 fix such
insurance from any sums due under the Agreement
•
• Order Consultant to stop wok under this Agreement or withhold any payment that
becomes due to Consultant hereunder,or both stop work and withhold any payment,
until-Consultant demonstrates comp%ance with the requirements hereof,and/or
• Terminate this Agreement
gegitgra INDEMNIFICATION AND CONSULTANTS RESPONSIBILITIES. Chant shall
indemnify,defend with counsel selected by the City,and hold harmless the Cityand its officials,officers,
employees,agents,and volunteers from and against any and all losses.,Nab1ity;dams,suits,actions,
damages,and causes of action arising out of any personal injury,bodily injury,loss of lie,or damage to
property,_or any violation of any federal,state,or municipal law or ordinance,to the slant 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 wort The foregoing obligation of Consultannt shaft not apply when(11 the injury,.loss of Me,damage
to property,or'violation of law arises wholly from the negligence or willful misconduct of the City or its
officers,employees,agents,.or volunteers and(2)the actions of Consultant or its employees,
subcontractor,or agents have contributed in.no part to the injury,loss of life,damage to property;or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California CM Code. Ads 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 inde mifcadon and hold harmless dame shall
apply to any damages or damns for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement,Consultant admowiedges and agrees to the
provisions of this Section and that ft 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 convetent jurisdiction or the California Public Employees
Retirement System(PERS)to be alights for enrolment.WI PERS as an employee of City,Consultant shall
indemnify,defend,and hold harmless City for the payment of any employee and/or employer contrite tiors
for PERS benefits on behalf of Consultant or its employees,agents,or subcontractors,.as well as for the
payment of any penalies and interest on such contributions,which would otherwise be the responsibility of
icy.
Sectker 6L STATUS OF CONSULTANT.
6.1 Ind eggskKConbector. Atli 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 COnsrdtants services rendered
pursuant to this Agreement and assignment of personnel pursmrentto Subparagraph l.3;
Consulting.Services Agreement between August 11,2014
City of Dublin and Bull Stoclove6 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 kgement Notwthstanding any other
City,state,or federal policy,.rule,regulation,law,or ordinance tothe contrary,Consultant
and any of is employees,agents,and subcontractors providing services under this
Agreement shall not qualfyfor or become entitled to,and hereby agree to waive any and
all deims to,any compensation,benefit,or any incident of employment by City,including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS)as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
12 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 impied,pursuant to this Agreement
to bind City to any obligation whatsoever.
;sctlon 7. LEGAL REQUIREMENTS.
7.1 Govarrdng Law. The taws of the State of California shall govern this Agreement.
7.2 Comore with Aoolleabie taws. Consultant and any subcontractors shall comply with
sinews applicable to the performance of the work hereunder.
7.3 Other Goverrunental Reoulallons. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity,Consultant and any ors
shall comply with all applicable rules and regulations to which City is band by the terms of
such fiscal-assistance program.
7.4 Lk and Permits. Consultant represents and warrants to City that Consultant and
its employees,agents,and any subcontractors have all licensee,permits,gualilcations,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees,agents,any subcontractors shall,at their sole cost and expense,keep in effect
at all tines 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 NQrrccadmifaation anti Ewsi O000rtunys. Consultant slid not discriminate,on the
basis of a person's race,.religion;color,national origin,age,physical or mental lip or
disability,mafiosi condition,marital status,sax,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 11,2014
City of Dublin and Bud Stoll Allen Page 8 of 13
■. • ■■•
Consultant shalt include the provisions of this Subsedion in.any subcontract approvedby
the ContractAdministrabr or this Agreement
Section TERMINATION AND MODIFICATION. •
8.1 lealtan City may cancel this Agreement at any time and without cause upon written
notification to Consultant
Consultant may cancel this Agreement upon thkty(30)days'written notice to City and
shall indude in such notice the reasons for cancellation.
In the event of termination,Consultant shall be entitled to compensation for services
performed to the effective date of termination;City,however,.may condition payment of
such compensation upon Consultant delivering to City any or al documents,photographs,
computer software,video and audio tapes,and other mated*provided to Consultant or
prepared by or for Consultant'or the City in sprinkle:in with this Agreement
8.2 =Nib& City may,in its sole and exdusive discretion,extend the end date of this
Agreement beyond that provided for in Subsection 1.1. My such extension shalt require a
written amendment to this Agreement,as provided fix herein. Consultant understands and
agrees that,if City grants such an extension,City shall have no oblgation to provide
Consultant with compensation beyond the mrudmum amount provided for in this
Agreement Sknlady,unless authorized by the Conked Adminiskator,City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 AmgEhnot The parties may amend this Agreement only by a writing signed by al the
parties.
14 Mghomigliftdikraftos, City and Consultant'recognize.and agree that this
Agreement contemplates personal performance by Consultant and:is based upon a
determination of Consultant's unique personal competence,experience,and spedalized
personal knovAedge. 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.
15 Ignftal Al obligations arising prior to the temilnation of Agreement and at
provisions of this Agreement allocating lbablity,.between City-and Consultant shall survive
the termination of this Agreement
8.6 Cottons soon Breach by Consultant If Consultant materially breaches any of the terns
of this.Agreement,City's remarries shall Inskided,but not be trnked.t0,the ft:410%111T
8.11. Immediately terminate the Agreement
Consulting Services Agreement between August 11,2014
City of Dublin and.Bull Stodevel Alien Page 9 of 13
8.5.2 Retain the plans,specifications,drawings,reports,design documents,and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in&112111 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
My have paid Consultant pursuant to Section 2 If Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 models,R�eods/�}Crreseed�a{s�Part of C/Qonauitant's Performance. All reports,data,maps,
• mde st_...es,surveys,photographs,memoranda,plans,sue.,speciftarikes,
records,flea,or any other documents or materials,in electronic or any other tam,that
Consultant pre pares 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 prtorwritten consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall main 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 Y rscion 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,
and/or copying at any tine during regular business hours,upon oral or written request of
the City. Under California Government Code Section 8546.7,lithe amount Of public-kinds
expended under this Agreement exceeds TEN THOUSAND DOLLARS($1.0,000.00),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.
8egon 10 MISCELLANEOUS PROVISIONS.
10.1 Althorrrovs'Fees. If a party to this Agreement brings any action,including an action for
declaratory relief;,to.enforce or interpret the provision Of t Is.Agreement;the prevaihrg
party shat be entitled to reasonable attorneys'fees in addition to any firer relief to which
Consulting Services Agreement between Auguat.l1,2014
City of Dublin and Bull Sbockwel Alen Page.10 of 13
„ ....„ ..„
that party may be entitled. The court may set suCh fees in the same action or h 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 Cidifornkr Ink*County of Alameda or in the United States Detect Court for
•
the Northern District of California.
10.3 ilegriffift If a court of competent Jurisdiction finds or rules that any provision of this
Agreement is Wald,vow,or unenforceable,the provisions of this Agreement not so
adjudged shalt remain in full force and effiact. The invalidity in whole or in part of any
provision of this kireernent shall not vOld or affect the validity of any other pmvision of this
Agreement
10A bimiglitrigketatamM, The waiver.of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breath of that term or any other term
of this Agreement.
10.5 kagiegsgWAsigget The provisions of this Agreement shall inure to the benefit of
and shit apply to and bind the successors and assigns of the parties.
•
10.6 Use of Recycled Products. Consultant shall prepare and submit all worts,.written
studiei and other printed material on'recycled paper to the extent it is available at equal or
less cost than virgin paper..
10.7 cdgfigtielftnA Consultant Mayser4 Oiler die*,band*whose activities within
•
the corporate limits of City or whose business yegardless of location,would place
Consultant in a'conflict of interest'as that tennis defined in the Polka!Refonn.Act,
codified at California Government Code Sedion 91000 at seq.
Consultant shalt not employ any City official In the work performed pursuant to this
Agreement No officer or employee of City than have any financial interest in this
Agreement that would violate California Government Code Sections 1090 at seq.
Consultant hereby warrants that it is not now,nor has It been in the previous twelve(12)
months,an employee,agent,appointee,or official of the City. If Consultant was an
employee,agent,appointee,or official of the City In the previous twelve morths,
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 11090 and,if
applcable,will be disqualified from holding public office in the State of California
10.8 kgreNtbn Confidant 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 Dubin and Sul Stodovell Alien Page 11 of 13
10.9 Canhact Administration. This Agreement shal be administered by the City Manager
'Contract Admuistrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 &gm Any written notice to Consultant shal be sent to:
David D.Ross,President
Bull Stockwetl Allen
300 Montgomery Street,Suite 1135
San Frandsca,CA 94104
Any written notice th City shall be sent to:
Paul McCreary,Parks&Community Services Director
City Of Dublin
100 Civic Plaza
Dublin,CA 94568
10.11 lijigaigadligi Where applicable in the determination of the contract administrator,
the first page of a technical report,first page of design specifications,and each page of
construe drawings shall be stamped//sealed and signed by the licensed professbnai
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
'Seal and Signature of Registered Professional with report/design responsibility,'as in the
following example.
/4: 4e).
4) 4 ;4- is.
.0
c ri . -
*
• gym"
Seal and Sig z r-�.a t? " • with
report/design .
10.12 Integration. This Agreement,including the scope oFwrxk attached hereto and
incorporated herein as Emit A and Exhibit B,represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
ions,or agreements,either written or oral.
Consulting.Services Agreement bin August 11,2014
City of Dublin and Bull Stodovel Alien Page.12 of 13
VW OF DUBUN CONSULTANT
Ch - - L Foss David D.Ross,President
City Manager Bull Stockwell Men
Attest
C444V
Caroline Soto,City Clerk
Approved as to Far:
n Baldcer,City Attorney
Consulting Services Agreement between August 11,2014
Clly of Dublin and 13ullStodavell Men Page 13 of 13
EXHIBIT A
SCOPE OF SERVICES
Casu ItIng Services Agreement between August 11,2104
City of Dub(In and Bui Stodovell Men-Exhibit A Page 1,of 1
. •.
EXHIBIT A
bull stackwail alien
•
NACHITEMUME.FLAMINI•INTERIORS
July 14,2014
Meghan Tiernan
Pada and Fealties Development Coordinator
Cky of Dublin
100 Civic Reza
Dubin,.CA 94568
RE:Proposal for Architectural Services for the Dublin Library Evanston
Dear Ms.Tiernan,
Bull StocievatAllen is pleased to provide this proposal to the City of Dubin to provide the schematic design,constructbn
documentation and consbuction seMces for the expansion of the Children's Library per the project description prided
and additional discussion on site We appreciated the opportunity to weir the project together to review goals In more
detel and are confidant that our familiarly with the base building and with library programs will enable us to Identify a
functional,ikedble and cost-effective solution that meets your goals.
BSA's team of creative,solution-driven architects will include Project Architect,George Jensen 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 condiment to project success,we have assembled a learn of experienced
catsultents with previous experience with this building as well as numerous additional library projects.
The attached proposal is based on our meeting on Ms and.the initial conceptual layout and scope discussed.This
approach would include several full height acoustic partitions within the expansion area which would require modifications
to the ceiling system,existing tatting and controls,fire sprinider laycut,mechanical distribution,balancing and under floor
electrical distribution.We have Identified an alternative,approach that would minimize these impels 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 wit be determined.
We thank you for giving us the opportunity to submit our proposal and would lock forward to working with-you,the library
staff writhe County In the delivery of this key component of the Center for the 211'Century.
Sincerely yours,
David D.Ross,AIA,LEED AP BD+C
President
BULL STOCKWELL ALLEN
300 Montgomery Street.Suite 1136
San Francisco.CA 54104
1":415281.4720
bsaarcistects.com Son Fronclaso London Vermont;
burin stockwei1 alien
AfCNITECTIJAE•MAIMING*INTERIORS
TERMS + CONDITIONS
July 2014
1.Validly and Mot AIA Dacutients we be a Change in Services. (Legal fees
The following Terms and Conditions ere hereby incorporated incurred In comelier'with the use of other contracts*Jibe a
by reference In the letter, proposal, or agreement reimbursable ecpense.]
(`Agreement')to which they ere attached.
hackies
These Tea and Conditions will apply to all d the services T`
BSA Tama
described in our Agreement,subject to a written amendment 'MM issue an inroka every month for services performed
during signed by the Owner and Architect."this Agreement is valid the preveoue month.Pagnnent is due within 30 days or
for fikty(30)days as otherwtee negotiated to writing by the Owner and Architect.
interest will be payable alter 30 days at a rate d 1+percent
We reserve the right to suspend wok on past due accounts.
Fixed Ewe The Owner agrees to reimburse BSA for all costs incurred by
Billings.we based ed o on the percent completed each phase of Ire,includng legal fees,meted to collection.
the Architect's work
a �� 6 Owner Reep�m ss end Nodes Required
. Bake we based on the hots wonted,In during dacounted The ° agrees to preside complete pinyNricef information
Minos are based on the hots worked,including decounted about the Nitta and buildings end legal accounting, and
travel tine.Whew an estimated total has been given,It is not Insurance counseling services as may be required.BM shell
en upset Neese but.is provided solely to assist the Owner In rely on the accuracy and corrpletenNtas of the supplied
Ix P information.
R.CerestrNteetbs 0. Resoled=
Bun Stoclavell Allen.manages the ssrviees d the consultants The and Architect will attempt to reeohe any dispute
under contract to us and coordinates their documents with to our services by direct negotiations between the
our own. it addition, BSA will coordinate with those parties involved.prior mediation..My Grim which M not
consult nts under direct contract with the Owner. resolved through negotiations where the deported amount Is
lass then or equal to$100,000 US antUor relates to BSA'a
Reimbursable w11 be resolved by mad anion h accordance Ripeness
6.Aehrnbusab$e expenses Inducing, but not limited to; wit. the Construction Musty htledetlon Rules of the
photocopies, speedy Freeing, pride, long distance American Arbitration Assoc letian Any unresolved cNdrn,
ao�rri�ons, travel, delivery, photography including
follar+Anp mediation, we be decided by final and bkldhg
professional photography fees to document the completed arbitration in San Francisco, CA In accordance with the
Construction industry Ries of the American Arbitration
Pealed. =mutants' reimbursable e> renderings, Association. Further, any claim which is not resolved by
models,l
tranaledort of ealeckonic documents,project vnebelta mediation where the disputed amount la greeter than
fees, and any drat). Insurance that you request will be $100,000 and which does not roses to BSA'S compensation
billed at aaerxled reams.You also agree to reimburse us at our will be resolved by liegalicn In a court of campetert
cost for any soles tax, which may be assessed for our
professional servkxe. A Hieing at project expenses can be jurisdiction.
provided upon request at no charge. iQ.Choke of L ass
IBorvlbes The taws of the State of Caffeine in the United States d 6.Change in
These we aeMoes beyond those agreed to inducing but not without regent to conflict of taw issues sfigli govern
limited to minions due to the Owner's adjustments in the our any legal action Mang tern It shall bs Agreement end
brought project scope, quality, budget, schedule, end wake t in a court in this mate
engineering occurring after design approval.The kohilecta
tine.incurred in negotiating a contact using*term*harem
•
it.'-1-- a 1e of.isbaIty 15.lnsumnee
Tooiha fullest seat pemslted by law,our lebity to youfor all BSA is protected by Waters' Compensation. PIoonnlond
damages adehg out of our services due to any cause, Liability,and Commercial renal tlebilly Insurance.BSA MI •
Inducing our negligence,or breach,shag hat Mixed$50,000 ltmbh copies of insurance certificates upon Owner's request
or the amount of carpeneedon paid to BSA, whtdmeuer Is
grater,
It Successors and And s
The Owner and Architect agree, reepectNely, to bind our
ONosaehlp of Gi4ae eats succeasars and ourselves to the terms of our Agreement The
UpOn payment of services rendered,BSA agrees to transfer Owner shall not assign this Agreement or any of Its rights,
ownership rights of the programming to theOwner•ta use by dudes or services to a third per'.Any such aasigrrnent a
others, Inducing architects and engineers unto will overaee attempt to assign shot at BS 's election, render this
and develop the vrork trough additional design Agreement nut and void, end BSA's earned compensation
documentation end construction. As such, the Owner, its shed bekrrmediateiy4ue end•peyabte.
nepreeertta ivee and other design teem members agree to BSA's services are undertaken and performed solely for the
Indemnify and hold BSA harmless far the use and
benefit end on behalf d the Omer end not for any third party,
Implementation of BSA's ptoprarrrrnig and concealed including without imitation, any contractor, subcontractor,
design work•mfefed to these or any other projects.
user,oecupent or owner of cal or any pert of the project.
Until the Architect has been paid In full for fta services, the
drawtrpe, specifications, rendertlge and other.documents, 17.Standard of Care
including those In elec trado form prepared by Architect h pwforming Its services,BSA wll use the degree of cane and
and Architect's consultants are helrumente of Service and odd typically exercised under shies leas by
remain the properly of the Architect Architect shall be competent members c the design professions practicing as
deemed the author of the k*i snents of Service and retain all of the date of performance of the services. No Implied or
common law,statutory,and other reserved nights,inducing express vre'randes are applicable under the Agreement.
copyrphts
Nothing herein setatlehte a fiduciary relationship betsoen
The parties nor should any term be construed to eland or
It Termination and 8uspenekei exceed this.stended of cars.
This Agreement may be terminated by the Owner or Architect
upon *ripen nate should one or the other party falls iD.h+deemilleation
su tisgy to perform In accor aoe•wlth these Terms and BSA shelf not have coned of end shall riot be resporsbls
Conditions.In the evert of termminedon or project suspension, for,construction means,methods,techniques,sequences or
the Owner agrees to reimburse BSA for services and procedures, or for the safety precautions and prower In
neimbureable menses due. If the Owner suspends the connection with the Project,for time ads or omissions of the
project for more than 90 days, BSA reserves the.right to architect of record, contactor.sub-cantrector or any other
adjtmet Its tees to reflect current personal and remoblization persons performing any of the work.or the falure of any of
code them to carry out the work In accordance with the Contract
Should BSA's services, terminated be ter aced without broach of our Documents
obligations,The Owner egress to release RSA from all febdity The Owner, as such and to the degree permitted by to
from the serviceewe pertonned'aed to compensate es for all agrees to defend and Indemnify BSA and our Consultants
services performed and weenies directly. emrtwbable to against at damages lairs, losses, suttee and expenses.
termination. including attorney fees, related to the use of BSA's
documents.
14.Asbestos rind naliwdous Wesis.
BSA does not perform seMces related to the identification,
containment or removal of asbestos or hazardous waste,
hduding pollutants. TO the saint permitted by lax, the
Omer shall indemnify:defend and hold BSA brines(from
all claims, damages, losses and expenses including
ressonebis altarriey's lees to the ardent caused by the
erdatlng hazardous accrete cordSiiia on the project site at the
erne of our performed semioea.
EXHIBIT B
COMPENSATION SCHEDULE
Consulting Services Agreement between August 11,2014
City of Dubin and Buil Stockmel Alen--Exhibit B Page 1 of 1 •
— ,
. . .
• EXHIBIT B
ci I Y (11- [1 Li fit IN
ARCHITECTUItAt.• 50400 $2100 *12,100 $1,200
CONOULTANTS •
Mixihnnionl Engines,-OBE $0■• $1,600 193) $2,100 $100
Madrioal&Omar OWA NCO $UMO/ 11130 $4300 5200
•
Cost 5111mis IWAG1C5 SD\ 51,50OP 50 51,500 so
'TOW ConnuNnItil $110t3 SSW;. IMO 511010
TOTAL1 54A1031 5181001; 55,5001 524400 $1,500
•. .
GrapIto Dunkin GNU Cullom Rain!,Swage Modifeations le WaylladIng8Ignege 41301)
FRE Mt ProctraMent&Ickes-BSA mon.
T5D
1113
:= 1E1 '
1. Project Pais 142$at
2.Tote(Prolect Cast Siaspoo
3.Idschenlant Soaps Intledlo adjusting Re 21pdridon.layout and rnhor adlusiment to tilt ddilbullon.
4 0sonles1 Scapa bindle adluelng cue*power doldbulon and flre Minn system
5.FF&Etb b.caardlneted win neatened Cly vont:lox for procuramont by City.
S.Bid Reqiirnments.Gino.Condftni and I'd OlinibulIon b/City.
7:Telecom&PNbiCaurdy-.Conduits and Rocepows only by OPAL
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 CONSULTANT
ell#16"6.°
ristopher L. Foss, City Manager Mar a Chow, Architect
Amendment#1 To Consultant Services Agreement between July 11,2016
City of Dublin and Bull Stockwell Allen