HomeMy WebLinkAboutReso 131-21 Approving a Third Amendment to the Consultant Services Agreement Between the City of Dublin and Urban Field StudioReso. No. 131-21, Item 4.2, Adopted 12/07/2021 Page 1 of 1
RESOLUTION NO. 131 - 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
URBAN FIELD STUDIO
WHEREAS, in 2018, as part of the strategic planning process, the Dublin City Council
included “Focus efforts on ways to strengthen the City’s economic vitality, including the Downtown,
through public investment and economic development” as a key strategy for the City; and
WHEREAS, in October 2018, the City issued a Request for Qualifications (RFQ) for
Architectural Design Consultant Services for Downtown Dublin and received 13 proposals; and
WHEREAS, through the competitive RFQ process, Urban Field Studio was selected for the
project; and
WHEREAS, on February 19, 2019, the City Council approved a Consulting Services
Agreement with Urban Field Studio for architectural design services for Downtown Dublin; and
WHEREAS, on May 17, 2020, a First Amendment to the Consulting Services Agreement
was entered into to include a new scope of work; and
WHEREAS, on December 29, 2020, a Second Amendment to the Consulting Services
Agreement was entered into to extend the term of services to December 31, 2021; and
WHEREAS, a Third Amendment to the Consulting Services Agreement is necessary to
continue work on the project through June 30, 2023.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve a Third Amendment to the Consulting Services Agreement with Urban Field
Studio, attached here to as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendment to the agreement and make any necessary, non-substantive changes to carry out the
intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of December 2021, by the following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
_______________________________
City Clerk
Third Amendment to the Consultant Services Agreement Between
City of Dublin and Urban Field Studio Page 1 of 3
THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND URBAN FIELD STUDIO
WHEREAS, on February 19, 2019, the City of Dublin (hereinafter referred to as "City") and
Urban Field Studio (hereinafter referred to as "Consultant") entered into a Consulting Services Agreement
for architectural design services for Downtown Dublin (hereinafter referred to as the “Agreement”); and
WHEREAS, on May 17, 2020, the First Amendment to the Agreement was executed to
include a new scope of work as described in Exhibit A, modifying Section 1 of the Agreement, as well as
modifications to Sections 6.1 and 7.5; and
WHEREAS, on December 29, 2020, the Second Amendment to the Agreement was
executed to modify Section 1 of the Agreement to extend the Term of Services to end on December 31, 2021;
and
WHEREAS, the existing project for Downtown Dublin is still underway and City wishes
Consultant to complete the work described in Exhibit A of the First Amendment to the Agreement; and
WHEREAS, the City and Consultant now wish to amend the Agreement to include a new
Scope of Work as described in Exhibit A, extend the Term of Services, and modify the Compensation.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Agreement is amended as follows:
1)Section 1 is amended as follows:
SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide
to City the services described in the Scope of Work, attached as Exhibit A to the original Agreement
and Exhibit A to the First Amendment at the time and place and in the manner specified therein.
Additional services as outlined in Exhibit A to the Third Amendment is hereby added to the Scope of
Work of the Agreement. In the event of a conflict in or inconsistency between the terms of this
Agreement and Exhibit A, the Agreement shall prevail.
2)Section 1.1 is amended as follows:
Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on June 30, 2023, 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.
3)Section 2 is amended as follows:
COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed seven hundred and
fifty thousand dollars ($750,000), for services outlined in Exhibit A to the original agreement,
Third Amendment to the Consultant Services Agreement Between
City of Dublin and Urban Field Studio Page 2 of 3
Exhibit A to the First Amendment, and Exhibit A to the Third Amendment in accordance with the
hourly rate schedule attached hereto as Exhibit B. In the event of a conflict between this
Agreement and Consultant’s proposal, attached as Exhibit A to the original agreement, Exhibit A to
the First Amendment, and Exhibit A to the Third Amendment, 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.
4)Except to the extent inconsistent with this Third Amendment, the Parties ratify and confirm all of the
terms and conditions of the Agreement.
5)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.
6)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.
SIGNATURES ON THE FOLLOWING PAGE
Attachment 2
Exhibit A to the Resolution
Third Amendment to the Consultant Services Agreement Between
City of Dublin and Urban Field Studio Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment’s effective date to be the
date upon which City Council approves the Agreement.
Effective Date: December 7, 2021
CITY OF DUBLIN
Linda Smith, City Manager
Attest:
Marsha Moore, City Clerk
Approved as to Form:
John D. Bakker, City Attorney
URBAN FIELD STUDIO
Jane Lin, Founding Partner, Architect
Attachment 2
Exhibit A to the Resolution
Downtown Dublin Proposed Scope of Work for Phase 2
(Third Amendment to the Agreement dated 2/19/18)
Amendment expiration date: June 23, 2023
To: Hazel Wetherford, City of Dublin
From: Urban Field
Date: 11/18/2021
The existing contract between Urban Field Studio and the City of Dublin details Phase 2 as Tasks 2.1-2.4
that commenced in 2020. All Tasks have remaining budget amounts that won’t require modification
except for Task 2.2, New Downtown Streets. The originally assigned budget for Task 2.2 was set with the
understanding that additional budget was required over the course of the work, which is the purpose of
the Third Amendment.
Expanded Scope for Task 2.2
The Team has been working in the subtasks of Task 2.2 with the Traffic Study subtask nearly completed.
Outstanding tasks are the Plan Line Study and updates to the vision plan resulting from the Traffic Study.
City staff has recently requested updated data collection for traffic counts and forecasts which were
completed at the beginning of October 2021. The new data will require the Traffic Study to be updated.
In addition, the study area has been expanded to include the analysis for two more intersections in the
Traffic Study. This expansion of scope results in an additional budget needed for the completion of the
Traffic Study subtask and related work in the other subtasks.
Parking Study
The Third Amendment also includes a proposal for a parking study (see Attachment 1) of the entire
Downtown Area that will inform a parking strategy for the envisioned plan including potential revisions
during the planning process.
Phase 2 Fee Summary of Task 2.2
Phase 2 Total Contract Amount $126,350.00
Phase 2 Budget Assigned to Task 2.2 $ 60,900.00
Phase 2: Amount Billed through September 2021 (all tasks)$108,024.00
Phase 2: Remaining Balance as of September 2021 (all tasks)$ 18,326.00
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Proposed Third Amendment Fee Summary
Phase 2 Anticipated Additional Funding for Task 2.2 $100,000.00
Phase 2 Requested Additional Funding for Task 2.2
Update and Completion of Traffic Study (Kimley Horn) $ 15,000.00
Phase 2 Parking Study (CHS Consulting)$114,514.00
Administration Expense (10%)$ 12,951.40
Total Phase 2 Requested Amount without Optional Task $242,465.40
The consultant team will continue to charge on a time and materials basis, with a 10% administration
expense applied to sub consultant fees. The Consultant Team continues to be Urban Field with ELS, KMA,
RRER, Kimley Horn,BKF Engineers and CHS Consulting Group.
Notes:
1.Expenses are included in Task budgets
2.Billing is time and materials to a maximum by task
3.Task budgets can be exceeded, but the total Phase 2 budget cannot
4.Written authorization is needed by the City for additional Phase 2 budget
With best regards,
Jane Lin
Partner, Urban Field Studio
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