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HomeMy WebLinkAboutReso 85-25 Approving an Amendment to the Agreement Pakpour Consulting Group for On-Call Development ReviewReso. No. 85-25, Item 5.3, Adopted 10/7/2025 Page 1 of 2 RESOLUTION NO. 85 – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE AGREEMENT WITH PAKPOUR CONSULTING GROUP INC. FOR ON-CALL DEVELOPMENT REVIEW WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 72-21 Approving the Consulting Services Agreement with Pakpour Consulting Group, Inc. for On-Call Development Review and On-Call Construction Management & Inspection with a not-to-exceed compensation amount of $2,000,000 over a three-year term; and WHEREAS, on December 16, 2021, the contract was amended to expand the scope of services to add emergency operations assistance; and WHEREAS, on June 4, 2024, the City Council adopted Resolution No. 39-24 Approving Amendment No. 2 to the agreement to extend the term through June 30, 2026, and increase the not- to-exceed compensation amount to $3,000,000; and WHEREAS, on July 2, 2025, the City issued a request for qualifications (RFQ) for Construction Management and Inspection Services and Pakpour Consulting Group, Inc. submitted qualifications in response to the RFQ; and WHEREAS, Staff reviewed and evaluated consultant’s qualifications in accordance with the RFQ rating criteria and recommended the City Council approve a new agreement for On-Call Construction Management and Inspection Services with Pakpour Consulting Group, Inc.; and WHEREAS, the agreement and new agreement have repetitive scopes of services pertaining to On-call Construction Management and Inspection Services; and WHEREAS, the City and Consultant now wish to amend the agreement to remove On-call Construction Management and Inspection Services from the scope of services; and WHEREAS, the City and Consultant now wish to amend the agreement to add performance measures; and WHEREAS, the City desires to further amend the Agreement to increase the not-to-exceed compensation limit to $3,500,000 and update billing rates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the third Amendment to the Consulting Services Agreement with Pakpour Consulting Group, Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non- substantive changes to Exhibit A to carry out the intent of this Resolution. Docusign Envelope ID: BB1C9A05-980C-4C26-AF4D-6B297981FAE6 Reso. No. 85-25, Item 5.3, Adopted 10/7/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 7th day of October 2025, by the following vote: AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Docusign Envelope ID: BB1C9A05-980C-4C26-AF4D-6B297981FAE6 Page 1 of 7 THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PAKPOUR CONSULTING GROUP, INC. WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as "CITY") and Pakpour Consulting Group, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for On-Call Development Review and On-Call Construction Management and Inspection services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on December 16, 2021, a First Amendment to the AGREEMENT was entered into to add Emergency Operations Assistance to the scope; and WHEREAS, on June 10, 2024, a Secord Amendment to the AGREEMENT was entered into to extend the term through June 30, 2026, and increase the not to exceed compensation amount to $3,000,000; and WHEREAS, on July 2, 2025, the CITY issued a request for qualifications (RFQ) for Construction Management and Inspection Services and CONSULTANT submitted qualifications in response to the RFQ; and WHEREAS, Staff reviewed and evaluated CONSULTANT’s qualifications in accordance with the RFQ rating criteria and recommended that the City Council of the City of Dublin approve a new agreement (NEW AGREEMENT) for On-call Construction Management and Inspection Services with CONSULTANT; and WHEREAS, the AGREEMENT and NEW AGREEMENT have repetitive scopes of services pertaining to On-call Construction Management and Inspection Services; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to remove On-call Construction Management and Inspection Services from the AGREEMENT scope of services; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to add performance measures to Exhibit A – Scope of Services, Development Review; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to modify Section 2 of the Agreement to increase the not to exceed compensation by $500,000, to $3,500,000; and WHEREAS, the CITY and CONSULTANT now wish to update the Scope of Services by replacing Exhibit A of the AGREEMENT; and Exhibit A to ResolutionDocusign Envelope ID: BB1C9A05-980C-4C26-AF4D-6B297981FAE6 Page 2 of 7 WHEREAS, the CITY and CONSULTANT now wish to update the Compensation Schedule & Reimbursable Expenses by replacing Exhibit B of the AGREEMENT. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) The compensation amount set forth in section 2 of the AGREEMENT shall be increased to a sum not to exceed $3,500,000. 2) Exhibit A shall be rescinded in its entirety and replaced with the attached revised exhibit. 3) Exhibit B shall be rescinded in its entirety and replaced with the attached revised exhibit. 4) Except to the extent inconsistent with this Third Amendment, the Parties 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. 6) The individuals executing this Amendment and the instruments referenced in it on behalf of CONSULTANT each represent and warrant that they have the legal power, right and actual authority to bind CONSULTANT to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE Docusign Envelope ID: BB1C9A05-980C-4C26-AF4D-6B297981FAE6 Page 3 of 7 IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN PAKPOUR CONSULTING GROUP, INC. By: _____________________________ By: _____________________________ Colleen Tribby, City Manager Joubin Pakpour, P.E. Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney Docusign Envelope ID: BB1C9A05-980C-4C26-AF4D-6B297981FAE6 Page 4 of 7 EXHIBIT A SCOPE OF SERVICES Development Review Provide staff augmentation services. Serve as engineering project manager and primary engineering reviewer for a wide variety of land development, subdivision, commercial, encroachment permit, small cell permit, planning applications, and building permit applications. Review and manage multiple land development, subdivision, commercial, encroachment permit, small cell permit, planning applications, and building permit applications from initial planning application or entitlement through issuance of permit for construction or improvement plan and final map approval, construction, to final sign-off of improvements, turnover for maintenance, and warranty release. Review, analyze, and develop conditions of approval for various planning entitlement applications such as Tentative Maps, Site Development Reviews and Conditional Use Permits. Review various encroachment permit applications, including small cell site applications, and building permit applications. Review parcel maps, final maps, tract improvement plans, grading plans, street improvement plans, plot plans and building permit plans for conformance with City and State regulations and engineering standards of practice, including ADA and accessibility requirements. Review plans and documents for conformance with the requirements of the RWQCB NDPES Municipal Regional Permit (MRP), including but not limited to: Low impact development. Source control. Design of storm water treatment measures and sizing calculations. Hydromodification standards and the use of BAHM software to both design and review detention and metering devices. Trash capture. Stormwater Management Maintenance Agreements. Work collaboratively with Public Works Staff and other City departments such as Planning, Building, Economic Development, Fire and Environmental Services during the review process. Coordinate the review and approval process with outside agencies such as Dublin San Ramon Services District, Zone 7 and Alameda County. Correspond directly with applicants and their design teams. Attend meetings with applicants and Staff and conduct various other duties in order to efficiently coordinate project reviews with City Staff. Docusign Envelope ID: BB1C9A05-980C-4C26-AF4D-6B297981FAE6 Page 5 of 7 Write memorandums summarizing plan review comments for transmittal to applicants and other departments/agencies. Write staff reports for City Council meetings. Prepare agreements including long-term encroachment agreements, stormwater operations & maintenance agreements and subdivision improvement agreements. Administer surety bonds associated with various agreements. Prepare grant deeds, grants of easement or certificates of acceptance documents and review of associated plat maps and legal descriptions. Perform field observations and walk-throughs of projects under construction, in support of Public Works inspection staff/consultants. Performance Measures: 1. Plan Review - As assigned by the Public Works Director, City Engineer, or designee: a. Review development applications, including, but not limited to, application forms, plans, specifications, reports, and calculations, for compliance with applicable federal, state, and local laws, regulations, and standards. b. Complete review of development applications in accordance with the schedules established by the Public Works Department and Community Development Department. c. Notify the Public Works Department within three business days of receipt of an incomplete plan review application package, so that the applicant can be notified that the submittal is incomplete. d. Ninety percent (90%) of the time, be available for an online or teleconference meeting within three business days of a meeting request from the Public Works Department. e. Ninety percent (90%) of the time, be available within two business days for a field observation or project walk-through of projects in construction. f. Maintain records of performance and make those records available to the Public Works Department upon request. 2. Other Duties. Consultant shall perform other related work within the scope of development review, permitting, and inspection, as mutually agreed upon between the Consultant and the Public Works Director, City Engineer, or designee. Fees for such as needed services shall be based upon Exhibit B and the related work schedule will be negotiated and mutually agreed upon by the Consultant and the Public Works Director, City Engineer, or designee. If the Consultant is unable to meet the timelines or requirements set forth in Exhibit A, the City will provide written comments outlining the deficient deliverables and will, in Docusign Envelope ID: BB1C9A05-980C-4C26-AF4D-6B297981FAE6 Page 6 of 7 good faith, meet and discuss with the Consultant regarding their performance to understand the circumstances and collaboratively identify a resolution. If performance issues persist, and the City can reasonably demonstrate that such issues are due to the Consultant’s actions or omissions, the City may, (i) temporarily withhold payment for the specific deliverables in question until they are satisfactorily completed and accepted, or (ii) request that the Consultant re-perform the services at no additional cost. Repeated and material failure to meet agreed-upon performance measures, after reasonable opportunity to cure and upon substantiated fault of the Consultant, may constitute grounds for termination for cause. Docusign Envelope ID: BB1C9A05-980C-4C26-AF4D-6B297981FAE6 Page 7 of 7 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Billing Rate Adjustment FY 2025-2026 Position July 1, 2025 Current Principal Engineer $280 Senior Engineer $248 Senior Designer $237 Associate Engineer $220 Associate Designer $210 Project Engineer $199 Project Designer $189 Assistant Engineer $173 Assistant Designer $162 Engineering Technician $134 Administrative Assistant $87 Public Works Inspector $194 All CPI increases shall be calculated by Consultant and requested for adjustment each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the Public Works Management Analyst, or their designee, for approval prior to taking effect. Remit invoices to: PWInvoices@dublin.ca.gov Docusign Envelope ID: BB1C9A05-980C-4C26-AF4D-6B297981FAE6