HomeMy WebLinkAboutItem 4.06 Library Program Update~~~~ Off' nU~~~
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #600-30
November 15, 2011
Honorable Mayor and City Councilmembers
~~
Joni Pattillo, City Manager ° ~'
Agreement with Page +Moris for the Dublin Library Building Program Update
Prepared by Diane Lowart, Parks and Community Services Director
EXECUTIVE SUMMARY:
One of the Parks and Community Services Department Key Initiatives for Fiscal Year 2011-
2012 is to explore the feasibility of installation of a coffee /snack area at the Dublin Library
through the initiation of a Library Building Program Update. As a result, consultant services are
required in order to prepare an update to the 2000 Dublin Library Building Program.
FINANCIAL IMPACT:
The adopted Fiscal Year 2011-2012 Library Operating Budget included an appropriation of
$21,250 for the completion of this study. The total cost of the study is $48,660 which includes
an estimated $1,500 in reimbursable expenses. The Alameda County Library will pay one-half
of the cost of the study or $24,330. A budget change, which will transfer the $27,410 from the
Budgeted contingent reserve to the Library Operating Budget professional services account, will
be necessary to fully fund the study. Additionally the Budget Change will reflect the
reimbursement from the Alameda County Library. Thus, the net additional cost to the City of the
study is $3,080.
RECOMMENDATION:
Staff recommends the City Council: 1) Adopt the Resolution approving the agreement with Page
+ Moris for the Dublin Library Building Program Update; and 2) Approve the budget change.
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Submitted By
Parks and Community
Services Director
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Reviewed By
Administrative Services
Director
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Reviewed y
Assistant City Manager
Page 1 of 2 ITEM NO. 4.6
DESCRIPTION:
One of the Parks and Community Services Department Key Initiatives for Fiscal Year 2011-
2012 is to explore the feasibility of installation of a coffee /snack area at the Dublin Library
through the initiation of a Library Building Program Update. As a result, consultant services are
required in order to prepare an update to the 2000 Dublin Library Building Program.
Kathy Page, presently a principal with Page +Moris, prepared the original Dublin Library
Building Program in 2000. The Building Program identified the space needs and other
requirements of the new public library facility for the City of Dublin. The study summarized the
space needs and provided a complete portrait of the new facility which was then used by the
library architect in developing the final building design and layout.
The scope of services for the Library Building Program Update will include a review of the
current facility space needs, including an investigation into the feasibility of incorporating an
informal food concession within the facility. The review will also identify space-related issues
throughout the facility, including space planning recommendations for best utilization of the
facility's expansion spaces as well as best use of currently occupied spaces. Updated cost
estimates for build-out of the library will also be included in the scope of services. The complete
details of the scope of services are listed as Exhibit A of the Consultant Services Agreement
attached to the Resolution in Attachment 1.
The Fiscal Year 2011-2012 Library Department operating budget appropriated $21,250 to
conduct the study. Based on the proposed scope of services, the proposed agreement totals
$48,660. The Alameda County Library has indicated that they would fund $24,330 (50% of the
cost). A Budget Change has been prepared (Attachment 2) which will recognize the County
contribution of $24,330 as revenue and approves additional expenditures of $27,410. The
additional costs are funded from the County Library contribution and a transfer of $3,080 from
the Budgeted Contingent Reserve.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was distributed to Page +Moris and the Alameda County Library.
ATTACHMENTS: 1. Resolution approving Agreement with Page +Moris for the Dublin
Library Building Program Update
2. Budget Change
Page 2 of 2
RESOLUTION NO. xx - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AGREEMENT WITH PAGE + MORIS
FOR THE DUBLIN LIBRARY BUILDING PROGRAM UPDATE
WHEREAS, the Dublin Library Building Program was completed in February 2000; and
WHEREAS, the Building Program identified the space needs and other requirements of
the new public library facility for the City of Dublin; and
WHEREAS, the Building Program confirmed the recommendations of the Library
Planning Task Force that a 37,000 Library Building was needed to accommodate build-out of
the City; and
WHEREAS, IN 2003, the Library Building was opened to the public; and
WHEREAS, one of the Parks and Community Services Department Key Initiatives for
Fiscal Year 2011-2012 is to explore the feasibility of installation of a coffee I snack area at the
Dublin Library through the initiation of a Library Building Program Update; and
WHEREAS, consultant services are required in order to prepare an update to the 2000
Dublin Library Building Program; and
WHEREAS, Kathy Page, presently a principal with Page + Moris, prepared the original
Dublin Library Building Program in 2000 and is qualified and available to prepare an update to
the Dublin Library Building Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the Agreement with Page + Moris, attached hereto as Exhibit A. to prepare an
update to the Dublin Library Building Program, in an amount not to exceed $48,660 including
reimbursable expenses.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement.
PASSED, APPROVED AND ADOPTED this 15th day of November, 2011, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
A1;'TACHMENT 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PAGE + MORIS
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Page +Moris ("Consultant") as of November 15, 2011.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on February 29, 2012, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Forty
Eighty Thousand, Six Hundred, Sixty Dollars ($48,660), 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.
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 1 of 14
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.
Notwithstanding the "not to exceed" compensation amount in the preceding paragraph, the Contract
Administrator may authorize payment above the "not to exceed" amount to allow Consultant to provide
additional services, or, to compensate Consultant for services provided within the original scope of work in
excess of the hours specified in Exhibit A. In no event, however, shall the Contract Administrator authorize
payment of such additional payments in excess of 25% of the "not to exceed" amount.
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 Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 2 of 14
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
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.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the fee schedule contained in Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses including Postage, Printing (including
large scale computer plotting), Presentation Materials, Mileage and Bridge Tolls shall not
exceed One Thousand Five Hundred Dollars ($1,500). Expenses not listed above are not
chargeable to City. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records
and the information in possession of the City. The location, quantity, and time of furnishing those facilities
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 3 of 14
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 City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on aself-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 ofwhether aself-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 4 of 14
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and
non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed.
1/73) covering comprehensive General Liability and Insurance Services Office
form number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance orself-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
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City of Dublin and Page +Moris Page 5 of 14
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for licensed
professionals performing work pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and
omissions.
4.3.1 Any deductible orself-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been
given to the City. Notwithstanding the foregoing, if an endorsement for one or
more of the above actions is not available, Consultant shall be excused from
providing an endorsement covering said action or actions, provided that in such
circumstances, Consultant shall give written notice to the City within five days of
learning that its coverage has been suspended, voided, cancelled by either party
or reduced in coverage or in limits.
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 6 of 14
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
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
orself-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible orself-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
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City of Dublin and Page +Moris Page 7 of 14
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
^ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
^ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Notwithstanding the foregoing, to the extent that this Agreement is a "construction contract" as defined in
California Civil Code section 2783, as amended from time to time, such duty to indemnify shall not apply
when to do so would be prohibited by California Code section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competentjurisdiction 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.
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City of Dublin and Page +Moris Page 8 of 14
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 9 of 14
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.
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 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 10 of 14
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
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 bylaw, from the date of final payment to the Consultant to this Agreement.
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 11 of 14
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competentjurisdictionflnds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 12 of 14
Consultant shall not employ any City ofFcial in the work performed pursuant to this
Agreement. No ofFcer or employee of City shall have any financial interest in this
Agreement that would violate California 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 ofFcial of the City. If Consultant was an
employee, agent, appointee, or ofFcial of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by 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:
Kathryn Page, Principal
Page +Moris
130 Sutter St. #480
San Francisco, CA 04104
Any written notice to City shall be sent to:
Diane Lowart, Parks & Community Services Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. 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
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible 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 example.
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 13 of 14
Seal and Signature of Registered Professional with
reportldesign responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
Joni Pattillo, City Manager
CONSULTANT
Kathryn Page, Principal
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
J:\wpd\FORMS\AGRE\standard consultant services agreement-2001.doc
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
The City requires a review of the current facility space needs of the Dublin Library Building, including an
investigation of the feasibility of incorporating an informal food concession within the facility. The review
will extend beyond that issue to identify space-related issues throughout the facility, including space
planning recommendations for best utilization of the facility's expansion spaces as well as best use of
currently occupied spaces.
To accomplish these tasks, an interactive process with a project committee made up of representatives of
the City of Dublin and Alameda County Library will be undertaken as outlined below. The process is
organized around three rounds of working meetings.
Meeting #1: This session is an information gathering meeting with key Library and City personnel to
identify space related service and functional issues and to brainstorm possible solutions.
Page +Moris will facilitate the meeting, using a large scale set of floor plans as a
communications tool to talk the group through needs, issues and potential improvement
strategies.
A follow-up session, with key Library and City representatives, will be conducted to
prioritize those needs that are essential to address, secondary needs and needs to
address in the future. We will document the meeting input and priorities to guide us as we
proceed to develop 2 - 3 initial space layout options.
Meeting #2: At this session, Page +Moris will present 2 - 3 initial space layout options to the project
committee for discussion and input. We will also share tabulations that compare the
building's shelving, seating and public computer capacities under each option. We will
document the committee input directly on the layouts and use these to refine the proposed
layouts. The goal will be to consolidate the space plans into a maximum of 2 revised layout
options. At this point, we will work with a cost estimator to identify the costs associated with
each of the two refined layouts.
Meeting #3: At this session, Page +Moris will present the refined layout options and cost estimates for
discussion. We anticipate that the final space plan will be substantially established by the
end of this meeting, requiring only minimal adjustments to the floor plans for completion.
We will make those changes and send the approved final space plan, with corresponding
revised cost estimate to the City in electronic and hard copy formats.
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris--ExhibitA Page 1 of 2
Project deliverables will include:
1. Final space plan
2. Cost estimate to implement final space plan
3. Tabulations for shelving, patron seats, and public computers in the final space plan
4. A memo that summarizes and prioritizes the space issues identified and describes the improvement
strategies selected to address each issue. This memo will be 8 - 10 pages in length that is an
addendum to the original library building program.
Page +Moris understand that the City wishes to undertake this study very soon with the work to be
completed by the end of February 2012. Upon execution of the Agreement, Page +Moris will prepare a
work plan/schedule that outlines a process that meets this schedule.
For cost estimating services, Page +Moris proposes to engage the services of Mack5, a project
management and cost planning firm based in Emeryville. Mack5's project manager Paul Beamer was
involved in the design and construction of the library during his tenure with BSA Architects, making Mack5
an excellent resource both for cost information as well as information about the library structure.
J:\wpd\FORMS\AGRE\standard consultant services agreement-2001.doc
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris--ExhibitA Page 2 of 2
EXHIBIT B
COMPENSATION SCHEDULE
Library Interior Designer/
Consultin Design CAD
g Principal Pr- ~ -pa Drafter
Task 1.0 PRELIMINARY WORK
1
1 Visit site and take existing conditions, 6
0 6
0
.
. measurements. . .
1 2 Make corrections onto the AutoCad plan to get 8 0
accurate "as-is" plan.
1
3 Prepare workplan/schedule for discussion at 1st 0
5 2
0
.
. Meeting. . .
Task 1 .0 Hours 0.5 8.0 14.0
Hourly Rates $200 $175 $110
$100 $1,400 $1,540
Task 1.0 Subtotal $3,040
Task 2.0 INFORMATION GATHERING
2.1. Prepare for and lead initial meeting with Project
Committee to identify space-related issues and
improvements needed. 6.0 4.0
2.2. Prepare meeting notes. 2.0
Work with Library and City representatives to
2
3 prioritize improvements (1st: essential, 2d:
2
0
.
. proceed if fundable, 3d: future improvements as .
funds available)
Task 2.0 Hours 10.0 4.0 0.0
Hourly Rates $200 $175 $110
$2,000 $700 $0
Task 2.0 Subtotal $2,700
Task 3.0 INITIAL LAYOUT OPTIONS
Study layout schemes for the public areas of the
3.1. building. Prepare initial plan(s) in Autocad to 12.0 20.0 20.0
present to Project Committee for input.
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris--Exhibit B Page 1 of 5
Tabulate shelving (by category), reader seats,
3.2. computer stations for: "as-is" condition; and fora 8.0 2.0
minimum of 2 layout options.
3
3 Study layout schemes for the staff areas of the 2 0 6
0 6
0
.
. building and prepare plans for Committee input. . .
3
4 Prepare for and meet with Project Committee to
6
0
4
0
.
. present initial plans (minimum of 2 layouts). . .
3.5. Prepare meeting notes. 2.0
Task 3.0 Hours 30.0 30.0 28.0
Hourly Rates $200 $175 $110
$6,000 $5,250 $3,080
Task 3.0 Subtotal INITIAL LAYOUT OPTIONS $14,330
Library Interior Designer/
Consultin Design CAD
g Principal Pr- ~ -pa Drafter
Task 4.0 REFINED LAYOUT OPTIONS
4
1 Refine layouts of public areas to reflect Committee 8 0 12
0 12
0
.
. input (2 schemes maximum). . .
4.2. Modify tabulations to reflect revised layouts. 2.0
4
3 Refine layouts of staff areas to reflect Committee 1
0 3
0 3
0
.
. input (2 schemes maximum). . . .
Prepare coded plans of layouts with written
4.4. summary of contractor work description for use by 14.0 2.0
the cost estimator. (2 schemes)
4
5 Meet with cost estimator at the Library to walk
4
0
.
. through the layouts. .
4
6 Coordinate work of cost estimator and answer cost 4
0
.
. estimator's questions. .
4.7. Prepare furniture estimates for the 2 schemes 8.0
4
8 Prepare for and meet with Project Committee to
6
0
4
0
.
. present refined layout options and cost estimates. . .
4.9. Prepare meeting notes. 2.0
Task 4.0 Hours 19.0 49.0 17.0
Hourly Rates $200 $175 $110
$3,800 $8,575 $1,870
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris--Exhibit B Page 2 of 5
Task 4.0 Subtotal REFINED LAYOUT OPTIONS $14,245
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris--Exhibit B Page 3 of 5
Task 5.0 SPACE PLAN
5.1. Revise the refined layout option selected by the
Project Committee. 2 0 4.0 4.0
5 2 Coordinate work of cost estimator to reflect
selected space plan. 1.0
5.3. Prepare furniture estimate for selected space plan. 2.0
5.4. Write memo/addendum to the original program to
summarize space issues identified, improvement
priorities and strategies selected to address each.
12.0
5.5. Prepare draft package, including selected layout
option, tabulations, cost estimate and
memo/addendum for client review.
2.0
2.0
2.0
5.6. Revise the package per client comments. 2.0 2.0 4.0
5.7. Print revised package and distribute. 2.0
5 8 Present space plan at City Council meeting (1
meeting). 4.0 4.0
Task 5.0 Hours 22.0 15.0 12.0
Hourly Rates $200 $175 $110
$4,400 $2,625 $1,320
Task 5.0 Subtotal SPACE PLAN $8,345
FEE SUMMARY
Task 1.0 Preliminary Work $3,040
Task 2.0 Information Gathering $2,700
Task 3.0 Initial Layout Options $14,330
Task 4.0 Refined Layout Options $14,245
Task 5.0 Space Plan $8,345
PAGE + MORIS DESIGN FEE $42,660
REIMBURSABLE EXPENSES ESTIMATE (including Cost
Estimator's) $1,500
COST ESTIMATOR FEE $4,500
TOTAL FEE & EXPENSES $48, 660
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris--Exhibit B Page 4 of 5
ASSUMPTIONS
We understand that the walls separating the expansion spaces will be demolished. Beyond
1. that, construction changes will be minimal and limited to those necessary to significantly
impact the space plan.
We understand that community involvement will be limited to a presentation to the Friends
2. of the Library by the Library manager. Page +Moris will not make community presentations
other than Task 5.7 at the project end.
Specific furniture product selection is not included. Space plans will denote generic furniture
3. types, with outline dimensions and footprints, for space planning purposes only. Complex
furniture pieces, such as service desks, will not be designed.
4 Cost estimate will include construction costs only. It will not include moving costs or other
soft costs.
We assume that the final space plan can be developed in a 3-meeting cycle of sessions
5. (Tasks 2.1, 3.4 & 4.7). If additional, intermediate meetings are required, we would expect
these to be addressed as additional services.
6 The final space plan will be an accurate space plan that an architectural firm can use to
prepare construction drawings that the City can then use for bidding purposes.
We propose to use a cost estimator who is familiar with the building. We have included
7. hours, therefore, for P+M to discuss building issues with the cost estimator as we develop
the layouts.
J:\wpd\FORMS\AGRE\standard consultant services agreement-2001.doc
Consulting Services Agreement between November 15, 2011
City of Dublin and Page +Moris--Exhibit B Page 5 of 5
CITY OF DUBLIN
BUDGET CHANGE FORM FY 2011 / 2012
New Appropriations (City Council Approval Required)
From Unappropriated Reserves (~)
X From New Revenues
Other
DECREASE BUDGET ACCOUNT AMOUNT
CHANGE FORM #
Budget Transfers:
X From Budgeted Contingent Reserve (1001.1901.81101)
Within Same Department Activity
Between Departments (City Council Approval Required)
INCREASE BUDGET ACCOUNT AMOUNT
Name: EXPENSE -GENERAL Name: REVENUE -GENERAL
FUND -Non-Departmental - $3,080 FUND -OTHER REVENUE (Library) $ 24,330
Budgeted Contingency -Reimbursement -General
GL Account # 1001.1901.81101 GL Account # 1001.7301.49141
Name: EXPENSE -GENERAL
FUND -Library -Professional
Services- (Building Program Update) $ 27,410
GL Account # 1001.7301.65101
REASON FOR BUDGET CHANGE ENTRY: As presented to the City Council on November 15, 2011,
the City will be updating the Dublin Library building program. Additional funds are required beyond what
was included in the adopted Budget. Alameda County Library has offered to fund 50% of the total study
cost. This Budget Change will recognize the County contribution of $24,330 and it approves additional
expenditures of $27,410. The additional costs are funded from the County Library contribution and a
transfer of $3,080 from the Budgeted Contingent Reserve.
As Presented at the City Council Meeting on:
Posted By:
#################(Finance Use Only)###################
Date: 11 /15/2011
Date:
r~~da~~r~~~,~,n~~~~,-r_zoll_lz~~ll_ll_l~_ll L,h~~U~,~ sr„~,~a~~ ATTACHMENT 2