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HomeMy WebLinkAbout4.06 Fee Adj for Planning Consultants CITY CLERK File # D~[a][l2]-[3][l2] AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 3, 2007 SUBJECT: Fee Adjustments to existing Planning Division Consultant Agreements for overflow services in the Community Development Department. Report prepared by Mary Jo Wilson, Planning Manager ATTACHMENT: Resolution Approving the Fee Amendment Agreements with Contract Amendments for the following 12 Consultants attached as Exhibits A-L: David L. Babby; David Babcock and Associates; Canon Design Group; A.S. Dutchover and Associates; Jeffrey F. Gamboni; Jerry Haag; LSA; Paul Niemuth and Associates; Placemakers; Plan B Municipal Consulting; Stevenson, Porto and Pierce, Inc.; and WRA. RECOMMENDATION: ,/'o~} . ~ Adopt the Resolution approving Fee Amendment Agreements , (Attachment 1) and authorizing the City Manager to execute the amendments and the revised agreement on behalf of the City. FINANCIAL STATEMENT: All charges to be funded through direct developer fees for Development Applications or as approved Planning Division budgetary projects in the adopted budget. Consultant services will be set forth within yearly budgets as anticipated. DESCRIPTION: The City proposes to increase the hourly payment for existing Planning Division Consultants from $95 to $100 per hour. During the past several years, Dublin has experienced an acceleration of new development projects in both the western and eastern areas of the City. In Fiscal Year 96-97, the City Council authorized Staff to hire outside consultants on an as-needed basis to assist Staff with specific areas of technical expertise (CEQA, biology, large scale specific plans, design review, etc.) and overflow of work. The Community Development Department has contracted with outside consulting firms on a project-by- project basis. The City has received exemplary services from these vendors. Anticipated workloads over the next several years dictate that this Department continues to retain consultant firms to handle overflow work in these areas: ------------------------------------------------------------------------------------------------------------- COPIES TO: Consultants ITEM NO. Lf b Page 1 of2 G:\correspo\Mary Jo\Contracts\Consultant Fee Increase 8tf. Rpt. - March 2007.doc · Biological site investigation of new projects (mandated by Eastern Dublin Specific Plan); · Expertise in Planning technical issues (subdivisions, design assistance, planning Staff analysis) when current Staff is unable to complete projects in a timely fashion due to workloads; and . Review of landscape concepts and designs for development projects, and plan checks and field checks for landscape and irrigation plans. ANALYSIS: Community Development consultants last received an increase in Fiscal Year 2005-06. The proposed $5 hourly rate increase for Fiscal Year 2007-08 reflects an increase of 2.6 percent increase per year over the last two-year period for an overall total increase of 5.2 percent. The $5 hourly rate increase is necessary to retain these consultants and bring their hourly rate in line with current industry standards for these types of services. All of the above consultants have contracts that are based on an indefinite period on an as- needed basis. Primarily, these consultants are utilized on development projects and their fees are paid through development application fees. There are instances, however, where the consultant's fees are paid through General Fund revenues that are budgeted for special City projects or to implement City goals. These consultants have proven track records of sound work on projects common to Dublin (large scale Planned Developments, Subdivisions, Site Development Reviews and other entitlements). Each of these contracts contains provisions that the consultant will only perform work on a time and material basis at the direction of the Community Development Director. No work will be completed without expressed permission and all costs will be charged to the Community Development Department Budget in accordance with costs associated with that project. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution approving Fee Amendment Agreements (Attachment 1) and authorizing the City Manager to execute the amendments and the revised agreement on behalf of the City. Page 2 of2 -"" \C!b7-'7::J RESOLUTION NO. XX - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************************************* APPROVING AMENDMENTS TO AGREEMENTS WITH DAVID L. BABBY, DAVID BABCOCK AND ASSOCIATES, CANON DESIGN GROUP, A.S. DUTCH OVER AND ASSOCIATES, JEFFREY F. GAMBONI, JERRY HAAG, LSA, PAUL NIEMUTH AND ASSOCIATES, PLACEMAKERS, PLAN B MUNICIPAL CONSULTING, STEVENSON, PORTO AND PIERCE, INC. AND WRA RELATED TO PRIVATE DEVELOPMENT PROJECTS WHEREAS, the City of Dublin ("the City") and the firms of DAVID L. BABBY, DAVID BABCOCK AND ASSOCIATES, CANON DESIGN GROUP, A.S. DUTCHOVER AND ASSOCIATES, JEFFREY F. GAMBONI, JERRY HAAG, LSA, PAUL NIEMUTH AND ASSOCIATES, PLACEMAKERS, PLAN B MUNICIPAL CONSULTING, STEVENSON, PORTO AND PIERCE, INC. AND WRA ("the Consultants") have previously entered into agreements ("the Agreements") whereby the Consultants have agreed to provide certain planning, biological, and land architectures services on an as-needed basis; and WHEREAS, the City and the Consultants now desire to increase the hourly rates under the Agreements from $95 per hour to $100 per hour; and WHEREAS, the attached amendments to the Agreements implementing the rate increase for each of the Consultants ("the Amendments") have been reviewed and approved as to form by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the Amendments. BE IT FURTHER RESOLVED that the City Manager is directed and authorized to execute the amendments on behalf of the City. PASSED, APPROVED AND ADOPTED this 3rd day of April 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Page 1 of 1 1..\\ lo ~-3-07 Z. c.":"'}..,7-"5 u AMENDMENT NUMBER ONE TO AGREEMENT BETWEEN CITY OF DUBLIN AND DAVID L. BABBY FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 15t day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and David L. Babby ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective August 2, 2005, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $95.00 per hour; and WHEREAS, the Cityadjustson~ca11 planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07 ~08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sumnotto exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. CITY OF DUBLIN, a municipal corporation David L. Babby, Consultant MY Richard Ambrose, City Manager David L. Babby, Page 1 of2 EXHIBIT A ATTEST: Fawn Holman, City Clerk o FILENAME 0932680_10 ":; O'b-z.. Page 2 of2 L.\ AMENDMENT NUMBER ONE TO AGREEMENT BETWEEN CITY OF DUBLIN AND DAVID BABCOCK & ASSOCIATES FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 1st day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and David Babcock & Associates ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective June 21,2005, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $95.00 per hour; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07 -08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. CITY OF DUBLIN, a municipal corporation DAVID BABCOCK & ASSOCIATES, Consultant Richard Ambrose, City Manager ~c..~ David Babcock, Consultant Page 1 of2 EXHIBIT B ATTEST: Fawn Holman, City Clerk Page 2 of2 :) Lo AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN CITY OF DUBLIN AND CANNON DESIGN GROUP FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 15t day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and Cannon Design Group ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective September 7, 2004, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $ 90.00 per hour; and WHEREAS, effective June 21, 2005, Exhibit B of the Agreement was amended to increase the hourly rates from $90.00 to $95.00; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. Dn",,,. 1 ,."f" ') EXHIBIT C CITY OF DUBLIN, a municipal corporation Richard Ambrose, City Manager ATTEST: Fawn Holman, City Clerk --, CANNON DESIGN GROUP, Consultant ~~ Larry Con, onsultant P<:>",o ") ,."I~ ") AMENDMENT NUMBER ONE TO AGREEMENT BETWEEN CITY OF DUBLIN AND A.S. DUTCHOVER & ASSOCIATES FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 1 st day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and A.S. Dutchover & Associates ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective June 6, 2006, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $95.00 per hour; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and . Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as ofthe day and year first written above. CITY OF DUBLIN, a municipal corporation A.S. DUTCHOVER & ASSOCIATES, Consultant A~~ Richard Ambrose, City Manager Page 1 of2 EXHIBIT D ATTEST: Fawn Holman, City Clerk o FILENAME 0932680_] 0 Page 2 of2 """'" I 0 t:r~ "'t.. ~ u AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN CITY OF DUBLIN AND JEFFREY F. GAMBONI FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 1st day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and Jeffrey F. Gamboni ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective September 7,2004, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $90.00 per hour; and WHEREAS, effective June 21,2005, Exhibit B of the Agreement was amended to increase the hourly rates from $90.00 to $95.00; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. Page 1 of 2 EXHIBIT E CITY OF DUBLIN, a municipal corporation JEFFREY F. GAMBONI, Consultant Richard Ambrose, City Manager ATTEST: Fawn Holman, City Clerk Page 20f2 l \ Cr'h u \"2 AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN CITY OF DUBLIN AND JERRY HAAG FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this pI day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and Jerry Haag ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective September 7,2004, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $90 per hour; and WHEREAS, effective June 21, 2005, Exhibit B of the Agreement was amended to increase the hourly rates from $90.00 to $95.00; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100. 00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. PllPe 1 of?, EXHIBIT F CITY OF DUBLIN, a municipal corporation Richard Ambrose, City Manager ATTEST: Fawn Holman, City Clerk JERRY HAAG, Consultant P~HJP. ? of? \ \ L\ AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN CITY OF DUBLIN AND LSA FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 1 st day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and LSA ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective September 7, 2004, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $90.00 per hour; and WHEREAS, effective June 21, 2005, Exhibit B of the Agreement was amended to increase the hourly rates from $90.00 to $95.00; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. Page 1 of2 EXHIBIT G CITY OF DUBLIN, a municipal corporation LSA, Consultant ~~~ Malcolm Sproul, ons ltant Richard Ambrose, City Manager ATTEST: Fawn Holman, City Clerk Page 2 of2 - \ 6- 0:1"\ "2.., ~ I..'" <"," I Lo CJb ?-S AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN CITY OF DUBLIN AND PAUL NIEMUTH & ASSOCIATES FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 1 st day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and Paul Niemuth & Associates ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective September 7,2004, the Parties entered into a Consulting Services Agreement in which the Consultant agre.ed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $90.00 per hour; and WHEREAS, effective June 21, 2005, Exhibit B of the Agreement was amended to increase the hourly rates from $90.00 to $95.00; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. Page 1 of2 EXHIBIT H \ "I CITY OF DUBLIN, a municipal corporation PAUL NIEMUTH & ASSOCIATES, Consultant Richard Ambrose, City Manager <CJl!tf'?U Paul iemuth, Consultant ATTEST: Fawn Holman, City Clerk Page 2 of2 AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN CITY OF DUBLIN AND PLACEMAKERS FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 15t day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and Placemakers ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective December 16, 2003, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $90.00 per hour; and WHEREAS, effective June 21, 2005, Exhibit B of the Agreement was amended to increase the hourly rates from $90.00 to $95.00; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified Page 1 of2 EXHIBIT I ,y IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. CITY OF DUBLIN, a municipal corporation PLACEMAKERS, Consultant Richard Ambrose, City Manager ATTEST: Fawn Holman, City Clerk Page 2 of2 zo AMENDMENT NUMBER ONE TO AGREEMENT BETWEEN CITY OF DUBLIN AND PLAN B MUNICIPAL CONSULTING FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 15t day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and Plan B Municipal Consulting ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective February 6,2007, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $95.00 per hour; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section I. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as ofthe day and year first written above. CITY OF DUBLIN, a municipal corporation PLAN B MUNICIPAL CONSULTING, Consultant Richard Ambrose, City Manager Page 1 of2 EXHIBIT J Z \ to ~L.5~ ATTEST: Fawn Holman, City Clerk Page 2 of2 "",.&w., ,;'," 2''L. "',~ AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN CITY OF DUBLIN AND STEVENSON, PORTO & PIERCE, INC. FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 1 st day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and Stevenson, Porto & Pierce, Inc. ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective September 7, 2004, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $90.00 per hour; and WHEREAS, effective June 21,2005, Exhibit B of the Agreement was amended to increase the hourly rates from $90.00 to $95.00; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. ,NOW, THEREFORE, in consideration of the covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. Consultant shall not bill for any reimbursable items. Section 2. herein. The existing Agreement remains in effect except as specifically modified IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. Page 1 of2 EXHIBIT K CITY OF DUBLIN, a municipal corporation STEVENSON, PORTO & PIERCE, INC, Consultant Richard Ambrose, City Manager ~ai2r Michael Porto, Consultant ATTEST: Fawn Holman, City Clerk Page 2 of2 2~ AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN CITY OF DUBLIN AND WRA FOR PLANNING ON-CALL SERVICES This amendment is made and entered into this 15t day of July, 2007 by and between the City of Dublin, a municipal corporation ("City"), and WRA ("Consultant"). Collectively, the City and the Consultant are referred to as the "Parties." RECITALS WHEREAS, effective May 18, 2004, the Parties entered into a Consulting Services Agreement in which the Consultant agreed to provide planning and other services to City ("Agreement"); and WHEREAS, in Exhibit B to the Agreement, City agreed to pay Consultant at a rate not to exceed $90.00 per hour; and WHEREAS, effective June 21,2005, Exhibit B of the Agreement was amended to increase the hourly rates from $90.00 to $95.00; and WHEREAS, the City adjusts on-call planning consultant rates every two years; and WHEREAS, Consultant has requested an adjustment of rates for Fiscal Year 07-08 and Fiscal Year 08-09; and WHEREAS, the Parties seek to adjust the hourly rates to $100.00. NOW, THEREFORE, in consideration ofthe covenants contained herein, the Parties hereto agree as follows: Section 1. Exhibit B of the Agreement is amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed $100.00 per hour. In the event of a conflict between this Agreement and Scope of Services, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. Consultant shall not bill for any reimbursable items unless previous approval has been granted. City shall make no payment for any extra, further or additional service pursuant to the Agreement unless such extra service and the price therefore is agreed to in writing executed by the City Manager or other designated official of CITY authorized to obligate CITY thereto prior to the time such extra service is rendered. Section 2. herein. The existing Agreement remains in effect except as specifically modified Page 1 of2 EXHIBIT L IN WITNESS THEREOF, the Parties hereto have executed this amendment as of the day and year first written above. CITY OF DUBLIN, a municipal corporation WRA, Consultant Richard Ambrose, City Manager ~ !:d=- Thomas Fraser, Consultant ATTEST: Fawn Holman, City Clerk Page 2 of2