HomeMy WebLinkAboutItem 4.9 - 1477 Third Amendment to Swatt I Miers Architects
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STAFF REPORT
CITY COUNCIL
DATE: June 6, 2017
TO: Honorable Mayor and Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment to the Consulting Services Agreement with Swatt I Miers
Architects for the Civic Center Modification Design & Construction Project
(GI4099)
Prepared by: Hazel L. Wetherford, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of an amendment to the Agreement between the
City of Dublin and Swatt I Miers Architects for the Civic Center Modification Design &
Construction Project (GI4099).
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Third Amendment to the Agreement with Swatt I
Miers Architects.
FINANCIAL IMPACT:
The existing Agreement with Swatt I Miers Architects is for a not-to-exceed amount of
$85,940. This Amendment will increase the Agreement by $4,565 for a not-to-exceed
amount of $90,505. Sufficient funds are included in the project budget.
DESCRIPTION:
On October 6, 2015, the City Council approved a Consulting Services Agreement with
Swatt I Miers Architects for design services for the City Council Chamber Renovation in
the amount of $69,940.
On September 20, 2016, the City Council approved a First Amendment to extend the
term of services until June 30, 2017.
On December 6, 2016, the City Council approved a Second Amendment to increase the
compensation by $16,000 from the initial agreement for a not-to-exceed amount of
$85,940.
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Staff has been working with Swatt I Miers on s ome modifications to the bid package for
the City Council Chamber renovation due to a change in the scope of the project. In
lieu of a general contractor, Staff is proposing to utilize an audio and visual contractor
for a majority of the work. This change resulted in the need for Swatt I Miers to include
additional design work in their scope and to push out the term of the Agreement to
December 31, 2017, and increase the compensation by $4,565 for a not -to-exceed
amount of $90,505 (Attachment 2).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution - Approving the Amendment to Swatt I Miers Architects
2. Exhibit A to the Resolution - Third Amendment to the Agreement
RESOLUTION NO. XX-17
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, on December 6, 2016, the City Council approved a Second Amendment
with Swatt I Miers Architects to increase the compensation by $16,000 to cover reconfiguration
of the project and additional design work for a total not-to-exceed amount of $85,940; and
WHEREAS, the existing Agreement with Swatt I Miers Architects is $85,940, and Staff is
seeking City Council approval to increase the existing Agreement by $4,565 to cover changes to
the scope of work and additional design work for a total not-to-exceed amount of $90,505.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Third 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 June, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
______________________________
City Clerk
THIRD 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, on December 6, 2016, the City entered into a Second Amendment to
increase the Compensation by $16,000 from the initial Agreement dated October 6, 2015; and
WHEREAS, in consideration for changing the scope of work to include additional design
work, the City and Consultant mutually desire to extend the Term of Services for a period of six
months, and to increase the Compensation by Four Thousand Five Hundred Sixty Five dollars
($4,565).
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the Agreement is amended as follows:
1) Section 1.1 Term of Services shall be rescinded in its entirety and replaced with the
following:
1.1 Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end on December 31, 2017, and Consultant shall complete the
work described in Exhibit A prior to 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 provided for in Section 8.
2) 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
Ninety Thousand Five Hundred and Five dollars ($90,505), 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.
3) Except to the extent inconsistent with this Third Amendment, City and Consultant ratify
and confirm all of the terms and conditions of the Agreement and its First and Second
Amendments.
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.
CITY OF DUBLIN
Christopher L. Foss, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
2720166.1
CO
iers, Principal