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HomeMy WebLinkAboutReso 45-22 Approving Amendments to the Consulting Services Agreements with BKF Engineers and Nichols Consulting Engineers, Chtd. Reso. No. 45-22, Item 4.5, Adopted 05/17/2022 Page 1 of 1 RESOLUTION NO. 45 – 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO THE CONSULTING SERVICES AGREEMENTS WITH BKF ENGINEERS AND NICHOLS CONSULTING ENGINEERS, CHTD. FOR ON-CALL CIVIL ENGINEERING AND SURVEYING SERVICES WHEREAS, in 2019, Staff prepared and initiated a Request for Qualifications (RFQ) for on-call civil engineering and surveying services; and WHEREAS, during that time, Staff reviewed and selected the most qualified firms and entered into Consulting Services Agreements; and WHEREAS, the City wishes to amend the Consulting Services Agreement with BKF Engineers and Nichols Consulting Engineers, Chtd. for on-call civil engineering and surveying services; and WHEREAS, the City wishes to extend terms to June 30, 2024, and increase the not-to-exceed compensation to $3,000,000 for BKF Engineers and to $2,000,000 for Nichols Consulting Engineers, Chtd. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendments to the Consulting Services Agreements with BKF Engineers and Nichols Consulting Engineers, Chtd., attached hereto as Exhibit A to this Resolution; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendments, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of May 2022, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Page 1 of 3 AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BKF ENGINEERS WHEREAS, on July 1, 2019, the City of Dublin (hereinafter referred to as "CITY") and BKF Engineers (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for On-Call Civil Engineering and Surveying services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT will expire on June 30, 2022; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2024 by modifying section 1.1 of the Agreement, and to increase the not to exceed compensation amount to $3,000,000 by modifying Section 2 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before 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 referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 2)Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $3,000,000, notwithstanding any contrary indications that may be contained in the Consultant’s proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant’s proposal, 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. 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. Exhibit A Page 2 of 3 3)Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4)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. 5)The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they ha ve the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE ATTACHMENT 2 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN BKF ENGINEERS By: _____________________________ By: _____________________________ Linda Smith, City Manager Gordon C. Sweet, Vice President Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney ATTACHMENT 2 Page 1 of 2 AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND NICHOLS CONSULTING ENGINEERS, CHTD. FOR ON-CALL CIVIL ENGINEERING AND SURVEYING SERVICES WHEREAS, on March 1, 2021, the City of Dublin (hereinafter referred to as "CITY") and Nichols Consulting Engineers, Chtd. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for On-Call Civil Engineering and Surveying services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT will expire on June 30, 2023, WHEREAS, Resolution 66-19 approved Nichols Consulting Engineers, Chtd. as a qualified vendor; and WHEREAS, the City entered into an agreement with a term through June 30, 2023 for a not to exceed compensation amount of $44,000; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through June 30, 2024 by modifying Section 1.1 of the Agreement, and to increase the not to exceed compensation amount to $2,000,000 by modifying Section 2 of the Agreement; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before 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 referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 2)Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $2,000,000, notwithstanding any contrary indications that may be contained in ATTACHMENT 2 Page 2 of 2 the Consultant’s proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant’s proposal, 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. 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. 3)Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4)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. 5)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 ATTACHMENT 2 Page 3 of 2 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN NICHOLS CONSULTING ENGINEERS, CHTD. By: _____________________________ By: _____________________________ Linda Smith, City Manager Ryan Shafer, CE, Principal Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney ATTACHMENT 2