HomeMy WebLinkAboutReso 81-17 Approving Amendment with MacKay & Somps, Tassarajara Rd Realignment RESOLUTION NO. 81 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH MACKAY
& SOMPS, CIVIL ENGINEERS, INC. FOR THE TASSAJARA ROAD REALIGNMENT AND DESIGN
WHEREAS, the City of Dublin ("City") entered into an Agreement with MacKay & Somps, Civil
Engineers, Inc. ("Consultant") on February 16, 2016 to perform consulting services for the Tassajara
Road realignment and design; and
WHEREAS, the City and the Consultant mutually desire to amend the Agreement to extend
the term of the contract to June 30, 2018.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amendment to the Agreement with MacKay & Somps Inc., attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment
to the Agreement.
PASSED, APPROVED AND ADOPTED this 20th day of June 2017, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT: Councilmember Goel
ABSTAIN:
Mayo
ATTEST:
D-eW y City Clerk
Reso No. 81-17, Adopted 6/20/2017, Item No. 4.11 Page 1 of 1
EXHIBIT A
AMENDMENT#1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MACKAY & SOMPS, CIVIL ENGINEERS, INC. FOR THE
TASSAJARA ROAD REALIGNMENT AND DESIGN
WHEREAS, on February 16, 2016, the City of Dublin (hereinafter referred
to as "CITY") and MACKAY & SOMPS, CIVIL ENGINEERS, INC. (hereinafter referred
to as "CONSULTANT") entered into a Consulting Services Agreement for Civil
Engineering design services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT expires on June 30, 2017, and
WHEREAS, the CITY and CONSULTANT now wish to amend the
Agreement to extend the term of services and amend the invoices, and 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1) Section 1 .1 Term of Services shall be rescinded in its entirety and replaced with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 June 30, 2018, the date of completion
specified in Exhibit A, and Consultant shall complete the work described in
Exhibit B 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 2.1 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:
• Daily logs of total hours worked by each individual
performing work under this Contract
• Hours must be logged in increments of tenths of an hour or
quarter hours
• If this Contract covers multiple projects, all hours must also
be logged by project assignment
• 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.
3) 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.gov/index.php?id=500.
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:
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
MACKAY & SOMPS, CIVIL ENGINEERS, INC.
Dated: By:
Bob LaShells, Engineering Manager