The URL can be used to link to this page

Home My WebLink About4.8 Dublin Crossing CFD Amend Agmt or 19 82 STAFF REPORT CITY CLERK CITY COUNCIL File #600-30 DATE: May 5, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Amendment to Consulting Services Agreement with Fieldman Rolapp & Associates Prepared by Colleen Tribby, Administrative Services Director EXECUTIVE SUMMARY: The City Council will consider amending the agreement with Fieldman Rolapp & Associates to extend the agreement to March 31, 2016, or at the completion of the Community Facilities District project for Dublin Crossings (whichever comes first), as well as revising the compensation schedule. FINANCIAL IMPACT: The fees for the Consultant will be charged to a project account funded by the developer with no impact to the City budget. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving a First Amendment to the Consulting Services Agreement between the City of Dublin and Fieldman Rolapp & Associates. Reviewed By Assistant City Manager DESCRIPTION: On September 6, 2013, the City entered into an agreement with Fieldman Rolapp & Associates for a Community Facilities District (CFD) financing review for the Dublin Crossings project. Fieldman Rolapp & Associates has satisfactorily performed services during the contract term and work well with Staff. The original contract had an expiration date of September 6, 2015 and a not-to-exceed amount of$33,000. Since the initiation of the original contract, the timing of the CFD formation has been pushed forward, and the work involved has increased. Fieldman Rolapp & Associates has provided Page 1 of 2 ITEM NO. 4.8 more guidance throughout the CFD process than originally anticipated, and has delivered various additional work products upon request of City Staff, such as calculations of bond scenarios and assistance in preparing and reviewing Requests for Proposals for other CFD consultants. Accordingly, the extra work necessitates a revision to their compensation schedule. If approved by the City Council, the proposed amendment would extend the term of the contract to the sooner of March 31, 2016, or at the successful implementation of the CFD, and increase the total project scope to $58,000. The developer deposit account for the Dublin Crossing project will fund the consultant charges. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving a First Amendment to the Consulting Services Agreement between the City of Dublin and Fieldman Rolapp & Associates. 2. Exhibit A to Resolution, Agreement Page 2 of 2 RESOLUTION NO. XX - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH FIELDMAN ROLAPP & ASSOCIATES WHEREAS, On September 6, 2013, the City entered into an Agreement with Fieldman Rolapp & Associates (hereinafter referred to as "Consultant") to perform consulting services related to formation of a Community Facilities District (CFD) for the Dublin Crossings project; and WHEREAS, the City and the Consultant wish to extend the terms of the Agreement to the sooner of March 31, 2015 or after the successful implementation of the CFD, and to account for increases in the work performed; and WHEREAS, the City agrees to increase the Consultant compensation from the original not to exceed amount of$33,000 to a not to exceed amount of$58,000 for services performed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to Consulting Services Agreement with Fieldman Rolapp & Associates to perform CFD related financing review in the amount of$58,000, attached hereto as "Exhibit A to the Resolution." BE IT FURTHER RESOLVED that the City Manager is authorized to execute the first Amendment to the Agreement. PASSED, APPROVED AND ADOPTED this 5th day of May, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND FIELDMAN, ROLAPP & ASSOCIATES WHEREAS, on September 6, 2013, the City of Dublin (hereinafter referred to as "CITY") and Fieldman, Rolapp & Associates (hereinafter referred to as "CONSULTANT"), entered into that certain Consulting Services Agreement between the City of Dublin and Fieldman, Rolapp & Associates (hereinafter referred to as the "AGREEMENT"); and WHEREAS, the existing AGREEMENT has a two-year term, expiring on September 6, 2015; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the 2-year term and to increase the compensation paid by CITY to CONSULTANT. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: Section 1. Section 1.1 of the AGREEMENT is hereby amended to read in its entirety as follows- 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on March 31, 2016 or when the Consultant has completed the services described in Exhibit A, whichever comes first, 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 Section 2. Section 2 of the AGREEMENT is hereby amended to read in its entirety as fol lows: Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $58,000 (for CFD formation services), 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 the Agreement and Consultant's proposal, attached as Exhibit A_, regarding the amount of compensation, the Agreement (including any amendments thereto), shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and 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, 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 edible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. Section 3. Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. IN 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: Chris Foss, City Manager ATTEST: APPROVED AS TO FORM: By: By: Caroline Soto, City Clerk John D. Bakker, City Attorney FIELDMAN ROLAPP & ASSOCIATES Dated: By: James Fabian