HomeMy WebLinkAboutReso 17-17 MatriScope Engineering Laboratories Amendment #2 RESOLUTION NO. 17 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND
MATRISCOPE ENGINEERING LABORATORIES FOR ADDITIONAL SERVICES FOR THE
FALLON SPORTS PARK— PHASE 2 PROJECT (CIP NO. PK0414)
WHEREAS, on April 6, 2016, the City of Dublin ("City"), State of California, entered into an
Agreement with MatriScope Engineering Laboratories ("Consultant") to perform special inspections
and testing services for the Fallon Sports Parks — Phase 2 Project (CIP No. pk0414); and
WHEREAS, the City approved an amendment to the Agreement on December 14, 2016, to
increase the compensation to a not to exceed amount of$44,900; and
WHEREAS, City and Consultant now desire to increase the compensation to a not to exceed
amount of$77,062.00; and
WHEREAS, Consultant will maintain the rate schedule previously adopted on April 6, 2016.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amendment to the Agreement with MatriScope Engineering Laboratories, which
is attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment
to the Agreement on behalf of the City Council.
PASSED, APPROVED AND ADOPTED this 7th day of February 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
■■ iLA&R;
Mayor
ATTEST: a4.10
City Clerk
Reso No. 17-17, Adopted 02/07/2017, Item No. 4.8 Page 1 of 1
AMENDMENT#2 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MATRISCOPE ENGINEERING LABORATORIES
WHEREAS, on April 6, 2016, the City of Dublin (hereinafter referred to as
"CITY") and MatriScope Engineering Laboratories, Inc. (hereinafter referred to as
"CONSULTANT") entered into a Consulting Services Agreement for materials testing
services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT has a limited term, expiring on
December 31, 2017; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to amend compensation amend invoicing terms and to amend conflict of
interest language.
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1) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with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_0 COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $77,062.00, 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) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the
following:
2.1 Invoices. Consultant shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services
performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Contract shall be more than 2,000
hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for
the first invoice, etc.;
• The beginning and ending dates of the billing period;
• A copy of the applicable time entries or time sheets shall be
submitted showing the following:
o Daily logs of total hours worked by each individual
performing work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also
be logged by project assignment
o A brief description of the work, and each reimbursable
expense
• A Task Summary containing the original contract amount, the
amount of prior billings, the total due this period, the balance
available under the Agreement, and the percentage of completion;
• The total number of hours of work performed under the Agreement
by Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder, as well as a separate
notice when the total number of hours of work by Consultant and
any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
• The Consultant's signature.
4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced
with the following:
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless
of location, would place Consultant in a "conflict of interest," as that term is
defined in the Political Reform Act, codified at California Government
Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed
pursuant to this Agreement. No officer or employee of City shall have any
financial interest in this Agreement that would violate California
Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the
previous twelve (12) months, an employee, agent, appointee, or official of
the City. If Consultant was an employee, agent, appointee, or official of
the City in the previous twelve months, Consultant warrants that it did not
participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of Government
Code §1090 et.seq., the entire Agreement is void and Consultant will not
be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be
required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of
California.
Principals and those performing work for City of Dublin may be required to
submit a California Fair Political Practices Commission (FPPC) Form 700:
Statement of Economic Interests documenting potential financial conflicts
of interest. For additional information, proposers should refer to the FPPC
website at www.fppc.ca.Qov/index.php?id=500.
5) 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:
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
MATRISCOPE ENGINEERING LABORATORIES, INC.
Dated: By:
Robert Tadlock, General Manager
MatriScope
�; Laboratories, Inc.
' Engineering 9
January 24,2017
SUBJECT: MEL-ADDITIONAL SERVICES REQUEST:Additional Inspection Services
PROJECT: Fallon Sports Park Phase II
CONTRACT/PO#:
MEL#: 5617:
CLIENT:
Meghan Tierman Jobsite Address:
City of Dublin 4605 Lockhart Street
100 Civic Plaza, Dublin Ca 94568 Dublin CA 94568
Dublin,CA 94568
Dear Meghan,
As requested, we are providing this breakout of estimated remaining testing and inspection services for the Fallon
Sports Park Phase II. Please note the breakout below:
Fallon Sports M MatriS n
Estimated Lab Tests Admin
Activky Trips Duration on Site per Pour Rate/hr Costs Inc.
Impactions
Com�actlon Testin$�_� 0 $75 — 50 $0.00
8 ___..... $75 $3,600 $3,852.00
RebarInspection 4 4 �$75 $1,200 $1,284.00
Licht Pole Base_._...__ —.—. 3.,... 6 $75 $1,800 $1,926.00
Structural Concrete 4 4 $75 $1,200 $1,284.00
Steel Ins ionAnals Martin} _ _ _ 77 .--.— —...E $ $4.200_,$4,494.00
Transportation of Samples _ ____._.....__$55 $11820 $1,,947.40
Equipment
Nuclear Gauge �_-..-- 0 .._._ _. SO $0.00_
Laborato!yCosts —
Lab Costs for Concrete Testing _ 13 _5 —�$25 _$1,625 51,738.75
Remalnlrgi Pro)eet Manager Review Time 8 0.5 $160 $640 $684.80
Final Affidavit Report —_ 3 ._. _.,_._$160 8.5480 $513.60
Sub Total of Remainh Work $17,723
Contengencyfor Canceled Inspections or Schedule DrlfJ2s%)_ . — _..._ $4,431
Unbilled Work In Place(7 Visits unbilled as of 1/13/17) ..__.— _. _..__..._._._... _ _ .._ .__..... _ _ $7.0
Total Remaining Amount of Work Estimated(as of 1/24/17) +$29.156
We request that an amendment be issued to cover the additional services to cover the attached estimate.Should
you have any questions or require additional information,please contact your Project Manager, Dominic Dai Zovi,at
(916) 375-6700, or by email at ddaizovi @matriscope.com. Thank you for this opportunity to provide services for your
project.
Respectfully submitted,
MatriScope Engineering Laboratories, Inc.
Dominic Dai Zovi -«te
Dominic Dal Zovi
Corporate Strategy and Operations Manager
6601 Bercut Drive,Sacramento,California 95811 I P: (916) 375-6700 I F: (916) 447702