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HomeMy WebLinkAboutReso 34-18 First Amendment to Consulting Services Agreement with West Coast Code Consultants, Inc. RESOLUTION NO. 34— 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH WEST COAST CODE CONSULTANTS, INC. WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for on-call building and safety services; and WHEREAS, Staff reviewed and selected the most qualified firms to provide certain plan check, inspections and building code compliance activity services on an as-needed basis; and WHEREAS, on July 1, 2016, the City of Dublin and West Coast Code Consultants, Inc. entered into a Consulting Services Agreement for Building and Safety Services (hereinafter referred to as the "Agreement"); and WHEREAS, the compensation for the Agreement was approved at the sum not to exceed five hundred thousand ($500,000) dollars; and WHEREAS, Staff is seeking to amend Agreement to increase the not-to-exceed compensation amount of the Agreement to eight hundred thousand ($800,000) dollars; and WHEREAS, total compensation for the services provided under the Agreement is subject to budgetary approval by the City Council for the term of each Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to the Consulting Services Agreement with West Coast Code Consultants, Inc. as attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment. PASSED, APPROVED AND ADOPTED this 17th day of April, 2018, by the following vote: AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert NOES: ABSENT: ABSTAIN: cr P64-V.., A- . /1/14- Mayor ATTEST: City Clerk Reso No. 34-18, Adopted 4/17/2018, Item No. 4.3 Page 1 of 1 FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WEST COAST CODE CONSULTANTS, INC. WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as "City") and West Coast Code Consultants, INC. (hereinafter referred to as "Consultant") entered into a Consulting Services Agreement for Building and Safety Services (hereinafter referred to as the "Agreement"); and WHEREAS, the compensation for the Agreement was approved at a sum not to exceed five hundred thousand ($500,000) dollars and is set to expire on June 30, 2019; and WHEREAS, the City and Consultant now wish to amend the Agreement to increase the limit on the total compensation payable to the Consultant under the Agreement. 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 entirely and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in the Payment Schedule contained in Exhibit B, the total sum paid to Consultant shall not to exceed $800,000, 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, 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. 2) 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. 3) The individuals executing this First 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 First Amendment. 4) 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 written below. CITY OF DUBLIN Dated: By: Christopher L. Foss, City Manager ATTEST: • By: Caroline Soto, City Clerk WEST COAST CODE CONSULTANT, INC. Dated: By: • Giyan Senaratne, PE, SE, LEED AP, CASp Principal / CEO 2932866.1