HomeMy WebLinkAboutReso 125-22 Approving an Amendment to the Consulting Services Agreement Between The City of Dublin and Keyser Marston Associates, Inc. For On-Call Real Estate and Development Consulting ServicesRESOLUTION NO. 125 — 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND KEYSER MARSTON ASSOCIATES, INC. FOR ON -
CALL REAL ESTATE AND DEVELOPMENT CONSULTING SERVICES
WHEREAS, on July 15, 2022, the City of Dublin and Keyser Marston Associates, Inc.
entered into a Consulting Services Agreement for on -call real estate and development consulting
services; and
WHEREAS, the existing agreement has a not -to -exceed amount of $44,999 and will
expire on July 15, 2025; and
WHEREAS, Staff desires to utilize the services of Keyser Marston Associates, Inc. for
additional fiscal analysis related to the planned future extension of Dublin Boulevard; and
WHEREAS, the City and Keyser Marston Associates, Inc. now wish to modify Section 2
of the Agreement to increase the not -to -exceed amount to $95,000; and
WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council
approval of supplies, equipment, and services with a cost greater than or equal to $45,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amendment to the Consulting Services Agreement with Keyser Marston
Associates, Inc. for On -Call Real Estate and Development Consulting Services attached hereto
as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
{Signatures on the following page}
Reso. No. 125-22, Item 4.3, Adopted 11/01/2022 Page 1 of 2
PASSED, APPROVED AND ADOPTED this 1st day of November 2022, by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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Reso. No. 125-22, Item 4.3, Adopted 11/01/2022 Page 2 of 2
DocuSign Envelope ID: BCO5DF4A-FCE1-42A1-B8B0-31A1543B4234
Exhibit A
FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND KEYSER MARSTON ASSOCIATES, INC.
FOR ON CALL REAL ESTATE AND DEVELOPMENT CONSULTING SERVICES
WHEREAS, on July 15, 2022, the City of Dublin (hereinafter referred to as
"CITY") and Keyser Marston Associates, Inc. (hereinafter referred to as "CONSULTANT")
entered into a Consulting Services Agreement for on call real estate and development
consulting services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing project scope is in progress and Staff desires to include
additional consulting services and increase the compensation, by $50,001, for the agreement;
and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to modify 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 2 shall be rescinded in its entirety and replaced with the following:
COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
$95,000, 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 B, regarding the amount of compensation,
the Agreement shall prevail. City shall pay Consultant for services rendered pursuant
to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Consultant for services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in
the manner specified herein. Except as specifically authorized by City in writing,
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.
2) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
Page 1 of 2
DocuSign Envelope ID: BC05DF4A-FCE1-42A1-B8B0-31A1543B4234
3) 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.
4) 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.
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 KEYSER MARSTON ASSOCIATES, INC.
By: By:
DocuSignedd by:
Linda Smith, City Manager Debbie M.'Kern, Managing Principal
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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