HomeMy WebLinkAboutReso 134-16 Emerald Glen Recreation and Aquatic Complex RESOLUTION NO. 134 - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING THE AMENDMENTS TO THE AGREEMENTS FOR ADDITIONAL SERVICES
FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX (CIP NO. PK0105)
WHEREAS, the City Council adopted Resolution 134-14 approving an agreement with Harris
&Associates on August 19, 2014 for Construction Management Services for the Emerald Glen
Recreation and Aquatic Complex; and
WHEREAS, the City Council adopted Resolution 65-15 approving an agreement with BSK
Associates on May 19, 2015 for Geotechnical Construction Observation and Testing Services for the
Emerald Glen Recreation and Aquatic Complex; and
WHEREAS, the City Council adopted Resolution 67-15 approving an agreement with
Construction Testing Services on May 19, 2015 for Special Testing and Inspection Services for the
Emerald Glen Recreation and Aquatic Complex; and
WHEREAS, the City requires additional services of these consultants in order to complete the
Emerald Glen Recreation &Aquatic Complex.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby
approve the Amendments to the Consultant Agreements, attached hereto as Exhibits A, B, and C
for the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendments.
PASSED, APPROVED AND ADOPTED this 16th day of August, 2016, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
terel
Mayor
ATTES
City Clerk
Reso No. 134-16, Adopted 8/16/2016, Item 4.3 Page 1 of 1
EXHIBIT A TO RESOLUTION
AMENDMENT#1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND HARRIS &ASSOCIATES
WHEREAS, on August 19, 2014, the City of Dublin (hereinafter referred to as
"CITY") and Harris & Associates (hereinafter referred to as "CONSULTANT") entered into a
Consulting Services Agreement for Construction Management Services (hereinafter referred to
as the"AGREEMENT"); and
WHEREAS, the existing AGREEMENT assumed an eighteen month construction
duration that was later revised to twenty-two and one half months and the CITY wished to add
administrative support during the warranty period; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to
extend the term to twenty-two and one half months plus 1 year on call warranty issue support,
amend compensation amount, amend invoicing terms and to amend conflict of interest
language.
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:
1.1 Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end 1 calendar year from final acceptance of the Emerald
Glen Recreation &Aquatic Complex—Phase 1, and Consultant shall complete
the work described in Exhibit A and supplemented in Exhibit A -1 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.
2) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with the
following:
2_0 COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
eight hundred ninety-three thousand dollars ($893,000), 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
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Harris& Associates
ATTACHMENT 2
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) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the following:
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. No individual performing
work under this Contract shall be more than 2,000 hours in a fiscal year unless
approved, in writing, by the City Manager or his/her designee. 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 copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual performing
work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also be
logged by project assignment
o A brief description of the work, and each reimbursable expense
• 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;
• 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;
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Harris& Associates
ATTACHMENT 2
• The Consultant's signature.
4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced with the
following:
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.
Consultant shall not employ any City official in the work performed pursuant to
this Agreement. No officer or employee of City shall have any financial interest in
this Agreement that would violate 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 official of the City. If
Consultant was an employee, agent, appointee, or official of the City in the
previous twelve months, Consultant warrants that it did not participate in any
manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Government Code §1090 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.
Principals and those performing work for City of Dublin may be required to submit
a California Fair Political Practices Commission (FPPC) Form 700: Statement of
Economic Interests documenting potential financial conflicts of interest. For
additional information, proposers should refer to the FPPC website at
www.fppc.ca.qov/index.php?id=500.
5) Paragraph 10.12 Integration shall be rescinded in its entirety and replaced with the
following:
10.12 Integration. This Agreement, including Exhibits A, A-1 and B, represents
the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written
or oral.
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Harris& Associates
ATTACHMENT 2
6) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed as of the date and year first above written.
CITY OF DUBLIN
Dated: By:
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
HARRIS & ASSOCIATES
Dated: By:
Edward Kozlowski, Principal in Charge
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Harris& Associates
ATTACHMENT 2
EXHIBIT A-1 TO EXHIBIT A
n Harris & Associates
ii
Monday,August 1, 2016
Meghan Tiernan
Parks and Facilities Development Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Emerald Glen Aquatic Center
Harris &Associates Contract Amendment
Dear Meghan:
As discussed the original construction schedule was increased from 18 months to the final
Construction Agreement duration of 22.5 months or 675 total calendar days and the resulting
impact to Harris' agreement with the City. We agree that Harris' fulltime CM services remain
critical to the continued success of the Project. Harris has been and remains to be extremely
frugal with the approved fee structure within the original agreement and has been able to project
extended services at fulltime until approximately December 1St, of this year without additional
funding. The GC scheduled completion date of the Project is February 8th, of 2017. Harris
proposes a contract amendment be written to cover fulltime presence for the CM until December
1St 2016 which would be covered within the current approved fee schedule. The final months of
December, January and February as needed would require a contract amendment to provide
fulltime CM services with a"not to exceed" cost of$90,000.
In addition Harris has been asked to help manage any unforeseen warranty issues that may arise
during the twelve month warranty period following the final completion date of the Project.
These services usually include providing for call back scheduling and monitoring with follow-up
inspections and reporting as needed. We would estimate a conservative budget covering CM and
admin services on an on call as needed not to exceed$40,000. This estimate would include a
complete project review on the eleventh month which would document any outstanding or new
warranty issues requiring attention prior to the warranty period expiring.
As you know, Harris bills on an hourly not to exceed basis, any funds not expended will be
realized as a savings to the City. Please call with any question or concerns. We are always open
and willing to work with you to provide the most beneficial and efficient solution for the
successful completion of the Project.
Sincerely,
Dennis Cooper, LEED AP
Senior Project Manager
Harris&Associates,Inc.
Cc: Douglas Rooney
Matt Nethercutt
ATTACHMENT 3
EXHIBIT B TO RESOLUTION
AMENDMENT#1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND BSK ASSOCIATES
WHEREAS, on May 19, 2015, the City of Dublin (hereinafter referred to as
"CITY") and BSK Associates (hereinafter referred to as "CONSULTANT") entered into a
Consulting Services Agreement for Geotechnical Construction Observation and Testing
Services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT did not include scope for the deferred
permit items and the scope of those items is now defined; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to
modify the term of service, amend the compensation amount, amend invoicing terms and to
amend conflict of interest language.
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:
1.1 Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end upon final acceptance of the Emerald Glen
Recreation & Aquatic Complex — Phase 1, and Consultant shall complete the
work described in Exhibit A and supplemented in Exhibit A-1 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.
2) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with the
following:
2.0 COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
one hundred thirty-one thousand one hundred ninety dollars ($131,190),
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
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and BSK Associates
ATTACHMENT 4
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) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the following:
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. No individual performing
work under this Contract shall be more than 2,000 hours in a fiscal year unless
approved, in writing, by the City Manager or his/her designee. 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 copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual performing
work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also be
logged by project assignment
o A brief description of the work, and each reimbursable expense
• 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;
• 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.
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and BSK Associates
ATTACHMENT 4
4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced with the
following:
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.
Consultant shall not employ any City official in the work performed pursuant to
this Agreement. No officer or employee of City shall have any financial interest in
this Agreement that would violate 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 official of the City. If
Consultant was an employee, agent, appointee, or official of the City in the
previous twelve months, Consultant warrants that it did not participate in any
manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Government Code §1090 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.
Principals and those performing work for City of Dublin may be required to submit
a California Fair Political Practices Commission (FPPC) Form 700: Statement of
Economic Interests documenting potential financial conflicts of interest. For
additional information, proposers should refer to the FPPC website at
www.fppc.ca.gov/index.php?id=500.
5) Paragraph 10.12 Integration shall be rescinded in its entirety and replaced with the
following:
10.12 Integration. This Agreement, including Exhibits A, A-1 and B, represents
the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written
or oral.
6) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and BSK Associates
ATTACHMENT 4
WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed as of the date and year first above written.
CITY OF DUBLIN
Dated: By:
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
BSK ASSOCIATES
Dated: By:
Brad Steen, Principal
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and BSK Associates
ATTACHMENT 4
EXHIBIT A-1 TO EXHIBIT B
Ete".°1"114( 324 Earhart Way
Livermore CA 94551
P 925.315.3151
ASSOCIATES F 925.315.3152
www.bskassociates.corn
Sent via email:doug.rooney@dublin.ca.gov
August 1, 2016 BSK Project G15-069-11L
Mr. Doug Rooney
Parks and Facilities Coordinator
City of Dublin
100 Civic Plaza
Dublin,California 94568
SUBJECT: Request for Amendment No.1
Geotechnical Construction Observation and Testing Services
Emerald Glen Aquatic Center
4201 Central Parkway
Dublin,California
Dear Mr. Rooney:
As we discussed, BSK Associates (BSK) has been performing geotechnical observation and testing
services at the Emerald Glen Aquatic Center since the end of April 2015. In addition to our originally
anticipated services during construction, we have performed a number of unexpected services during
construction including the following:
• Attendance at a number of project meetings and related consultation to discuss the
specification requirements that trench backfill consist of select import material as opposed to
native onsite soil and lime-treated excavation spoils;
• Consultation regarding environmental testing performed by the contractor on a stockpile of soil
to be off hauled from the site;
• Geotechnical review of slide structure plans and calculations;
• Geotechnical observation of slide structure piers; and
• Geotechnical consultation for the Alamilla Springs Sculpture.
Based on our brief site visit on July 29, 2016 and our discussion with the superintendent for the general
contractor(Overaa), it appears that most of the remaining earthwork at the site will consist of aggregate
base compaction for concrete flatwork and driveways and utility trench backfill. Unfortunately, the
general contractor does not have a detailed construction schedule for the remaining earthwork at this
time. Therefore, we suggest increasing our currently approved budget for the project by $40,000 for a
new total approved amount of$131,190.We anticipate that this increase would be sufficient to cover the
unexpected services described above as well as our remaining observation and testing visits through
ENVIRONMENTAL,GEOTECHNICAL,CONSTRUCTION SERVICES AND ANALYTICAL TESTING
ATTACHMENT 5
Request for Amendment No. 1 BSK Project G15-069-11L
Emerald Glen Aquatic Center August 1,2016
Dublin,California Page 2
the completion of the project (currently anticipated as February 2017). If you concur, please send us an
amendment to our May 19, 2015 agreement for the project.
We appreciate the opportunity to be of continued service to the City of Dublin and look forward to the
successful completion of the project. Please contact us at (925) 315-3151 if you have any questions or
require additional information.
Respect Ily submitted,
BSK A ociates
z ;41111
Cnstiano Melo, PE,GE radley E. een` P ,GE
Geotechnical Group Manager Princip Geotechnical Engineer
ATTACHMENT 5
EXHIBIT C TO RESOLUTION
AMENDMENT#1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND CONSTRUCTION TESTING SERVICES
WHEREAS, on May 19, 2015, the City of Dublin (hereinafter referred to as
"CITY") and Construction Testing Services (hereinafter referred to as "CONSULTANT")
entered into a Consulting Services Agreement for Special Testing and Inspection Services
(hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT did not include scope for the deferred
permit items and the scope of those items is now defined; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to
modify the term of service, amend the compensation amount, amend invoicing terms and to
amend conflict of interest language .
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:
1.1 Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end upon final acceptance of the Emerald Glen
Recreation & Aquatic Complex — Phase 1, and Consultant shall complete the
work described in Exhibit A and supplemented in Exhibit A -1 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.
2) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with the
following:
2.0 COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
one hundred fourteen-thousand six hundred forty dollars ($114,640),
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
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Construction Testing Services
ATTACHMENT 6
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) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the following:
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. No individual performing
work under this Contract shall be more than 2,000 hours in a fiscal year unless
approved, in writing, by the City Manager or his/her designee. 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 copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual performing
work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also be
logged by project assignment
o A brief description of the work, and each reimbursable expense
• 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;
• 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.
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Construction Testing Services
ATTACHMENT 6
4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced with the
following:
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.
Consultant shall not employ any City official in the work performed pursuant to
this Agreement. No officer or employee of City shall have any financial interest in
this Agreement that would violate 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 official of the City. If
Consultant was an employee, agent, appointee, or official of the City in the
previous twelve months, Consultant warrants that it did not participate in any
manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Government Code §1090 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.
Principals and those performing work for City of Dublin may be required to submit
a California Fair Political Practices Commission (FPPC) Form 700: Statement of
Economic Interests documenting potential financial conflicts of interest. For
additional information, proposers should refer to the FPPC website at
www.fppc.ca.gov/index.php?id=500.
5) Paragraph 10.12 Integration shall be rescinded in its entirety and replaced with the
following:
10.12 Integration. This Agreement, including Exhibits A, A-1 and B, represents
the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written
or oral.
6) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Construction Testing Services
ATTACHMENT 6
WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed as of the date and year first above written.
CITY OF DUBLIN
Dated: By:
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
CONSTRUCTION TESTING SERVICES
Dated: By:
James E. Doyle, Contracts Manager
Amendment#1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Construction Testing Services
ATTACHMENT 6
EXHIBIT A-1 TO EXHIBIT C
• TESTING
CONSTRUCTION • INSPECTION
[4* TESTING SERVICES • ENGINEERING
August 1,2016
Douglas Rooney
City of Dublin
100 Civic Plaza
Dublin,CA 94568
CTS Job No: J10667
Job Name: Emerald Glenn Aquatic Park
Re: Change Order Request for Additional Services
Dear Mr. Rooney,
As you are aware, Construction Testing Services' contract amount will need to be increased on the Emerald Glenn
Aquatic Park project for additional services performed outside of our original scope of work.Attached is an updated
budget analysis which shows contract services as well as additional services performed through June 30, 2016.
Additional services includes but not limited to; overtime, shotcrete field and lab testing, steel shop overtime and
nighttime work, and final letters for deferred items not included in original bid package. As requested, we have
provided an estimated cost to complete for inspections and lab testing through project completion of February,2017.
Listed below is a breakdown of the anticipated changes based on our recent phone conversations and projections.
Original Contract Amount-$69,090.00
Total Billed Through June 30,2016—$66,188.07
Future Estimated Cost to Complete-$45,550.00
Proposed New Contract Value-$114,640.00
Please provide your approval for a Contract Change Order in the amount of$45,550.00 at your earliest convenience.
Best Regards,
John Eu y
Senior Project Manager
4770 Duckhom Drive,Sacramento,CA 95834 • Phone(916)419-4747 • Fax(916)419-4774
2118 Rheem Drive, Pleasanton,CA 94588 • Phone(925)462-5151 • Fax(925)462-5183
One Embarcadero Center,Suite 535, San Francisco,CA 94111 • Phone(415)438-2357 • Fax(415)334-4747
246 30th St.,Suite 101,Oakland,CA 94601 • Phone(510)444-4747 • Fax(510)835-1825
ATTACHMENT 7