HomeMy WebLinkAboutReso 174-16 Swatt I Miers Civic Center Modification Agreement RESOLUTION NO. 174— 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
WITH SWATT I MIERS ARCHITECTS
FOR DESIGN SERVICES FOR THE CIVIC CENTER MODIFICATION DESIGN & CONSTRUCTION
PROJECT
WHEREAS, on October 6, 2015, the City entered into a Consulting Services Agreement with
Swatt I Miers Architects to provide design services for the Civic Center Modification Design &
Construction Project (GI4099); and
WHEREAS, on September 20, 2016, the City Council approved a First Amendment with Swatt
I Miers Architects to extend the term of the Agreement to June 30, 2017; and
WHEREAS, the existing Agreement with Swatt I Miers Architects is $69,940, and Staff is
seeking City Council approval to increase the existing Agreement by $16,000 to cover reconfiguration
of the project and additional design work for a total not to exceed amount of$85,940.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the Second Amendment to the Consulting Services Agreement between the City of Dublin
and Swatt I Miers Architects for design services for the Civic Center Modification Design &
Construction Project (GI4099).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment,
attached hereto as Exhibit A to this Resolution, in substantially the form attached with such changes
as are deemed appropriate by the City Manager.
PASSED, APPROVED AND ADOPTED this 6th day of December 2016 by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
[ii4 4
Mayor
ATTEST:
P€144+7 City Clerk
Reso No. 174-16, Adopted 12/06/2016, Item No. 4.11 Page 1 of 1
SECOND AMENDMENT TO
CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
SWATTIMIERS ARCHITECTS
WHEREAS, on October 6, 2015, the City of Dublin ("CITY") and SwattlMiers Architects
("Consultant") entered into a Consultant Services Agreement("Agreement"); and
WHEREAS, on September 20, 2016, the City entered into a First Amendment to extend
the Term of Services until June 30, 2017; and
WHEREAS, the City and Consultant mutually desire to increase Compensation to a sum
not to exceed Eight-five Thousand Nine Hundred Forty dollars ($85,940), which is an increase
of Sixteen Thousand dollars ($16,000)from the initial Agreement dated October 6, 2015.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the Agreement is amended as follows:
1) Section 2. Compensation shall be rescinded in its entirety and replaced with the
following:
2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
Eight-five Thousand Nine Hundred Forty dollars ($85,940), 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 A, 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, 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 Second Amendment, City and Consultant
ratify and confirm all of the terms and conditions of the Agreement and its First Amendment.
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 Amend ent.
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CITY OF DUBLIN CON' f ANT
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Christopher L. Foss, City Manager •r - Miers, Principal
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
2720166.1