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HomeMy WebLinkAboutReso 97-17 Amendment with Van Sickle & Rolleri, Camp Parks History Center RESOLUTION NO. 97 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE AGREEMENT WITH VAN SICKLE & ROLLERI LLC FOR DUBLIN CAMP PARKS MILITARY HISTORY CENTER WHEREAS, on February 16, 2016, the City of Dublin ("CITY") and Van Sickle & Rolled LLC ("Consultant") entered into a Consulting Services Agreement ("Agreement") for interpretive planning, design, fabrication and installation of exhibits at Dublin Camp Parks Military History Center; and WHEREAS, completion of Museum Design and Installation was originally scheduled for completion on November 16, 2016; and WHEREAS, various delays extended the original schedule and resulted in additional expenses to Van Sickle & Rolled LLC; and WHEREAS, Van Sickle & Rolled LLC completed out of scope work in good faith at the City's request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the Amendment to the Agreement with Van Sickle & Rolled LLC, attached hereto as Exhibit A and authorizes the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED this 18th day of July 2017, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso No. 97-17, Adopted 7/18/2017, Item No. 4.3 Page 1 of 1 FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND VAN SICKLE & ROLLERI LLC WHEREAS, on February 16, 2016, the City of Dublin ("CITY") and Van Sickle & Rolled LLC ("Consultant") entered into a Consulting Services Agreement ("Agreement") for interpretive planning, design, fabrication and installation of exhibits at Dublin Camp Parks Military History Center; and WHEREAS, completion of Museum Design and Installation was originally scheduled for completion on November 16, 2016; and WHEREAS, installation was dependent upon a third party, Parks Reserve Forces Training Area, completing tenant improvements to the facility in September 2016; and WHEREAS, Parks Reserve Forces Training Area was delayed approximately six months in completing tenant improvements; and WHEREAS, both parties now desire to amend the Term of Service to reflect the delay. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agreement is amended as follows: 1. Section 1.1 Term of Services shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on July 30, 2017, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 2. Section 2 Compensation 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 $307,742.02, 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. 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. 3. The following language shall be added to Exhibit A, Scope of Services: In addition to design, fabrication and installation of Museum Exhibits, Consultant shall design, fabricate and install weather resistant exterior signage to promote the exhibit and complement existing Camp Parks' signage. 4. Except to the extent inconsistent with this First Amendment, City and Consultant ratify and confirm all of the terms and conditions of the Agreement. 5. All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. CITY OF DUBLIN CONSULTANT Christopher L. Foss, City Manager Dennis Van Sickle, Principal Attest: Caroline P. Soto, City Clerk Approved as to Form: John Bakker, City Attorney 2813270.1 2823077.1