HomeMy WebLinkAboutReso 116-19 Approving an Amendment to the Agreement with Mark Thomas & Company, Inc., for the Iron Horse Trail Bridge at Dublin Boulevard ProjectRESOLUTION NO. 116 -19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH MARK THOMAS & COMPANY,
INC., FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT
WHEREAS, On November 7, 2017, the City Council approved the Iron Horse Trail
Feasibility Study as well as the proposed design of a bridge crossing at Dublin Boulevard; and
WHEREAS, on February 20, 2018, the City Council adopted Resolution 15 -18 approving
a consulting services agreement with Mark Thomas & Company, INC. ("CONSULTANT") for
completing a final design phase for Iron Horse Trail Bridge at Dublin Boulevard ("PROJECT");
and
WHEREAS, the PROJECT has been planned to be implemented following the completion
of Scarlett Drive extension to Dublin Boulevard to minimize design conflicts; and
WHEREAS, it has been determined that additional time will be required for the PROJECT
due to delays in completing the Scarlett Drive extension project; and
WHEREAS, the City of Dublin and the CONSULTANT desire to amend existing consulting
services agreement to extend the term of the 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 CONSULTANT
attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes
the City Manager to execute the First Amendment to the Consulting Services Agreement with
CONSULTANT.
vote:
PASSED, APPROVED AND ADOPTED this 19th day of November, 2019, by the following
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
cae,4 &
City Clerk
Reso No. 116-19, Adopted 11/19/19, Item No. 4.2 Page 1 of 1
7
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MARK THOMAS & COMPANY, INC.
WHEREAS, on November 7, 2017, the City of Dublin (hereinafter referred
to as "CITY") and Mark Thomas & Company, Inc. (hereinafter referred to as
"CONSULTANT") entered into a consulting services agreement for the Iron Horse Trail
Feasibility Study as well as the proposed design of a bridge crossing at Dublin Boulevard
(hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the existing AGREEMENT is set to expire on December 31,
2019; and
WHEREAS, the CITY and CONSULTANT now wish. to amend the
Agreement to modify sections 1.1, 7.5 and 10.11 of the AGREEMENT; and
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby. acknowledged, the AGREEMENT_ is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date
and shall, end on December 31, 2020, the date of completion specified in Exhibit
A, and Consultant shall complete the work described in Exhibit A on or before 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 referenced in Section 8. Notwithstanding the foregoing this
Agreement may be extended on a month to month basis for up to 6 months upon
the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price. charged
by the Consultant for the provision of the serves described in Exhibit A does not
increase. None of the foregoing shall affect the City's right to terminate the
Agreement as provided for in Section 8.
2) Section 7.5 shall be rescinded in its entirety and replaced with the following:
Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on
the basis of a person's race, sex, gender, religion (including religious dress and
grooming practices), national origin, ancestry, physical or mental disability,
medical condition (including cancer and genetic characteristics), marital status,
age, sexual orientation, color, creed, pregnancy, genetic information, gender
identity or expression, political affiliation or belief, military/veteran status, or any
other classification protected by applicable local, state, or federal laws. (each a
"Protected Characteristic"), against any employee, applicant for employment,
subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant
for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any. subcontract
approved by the Contract Administrator orthis Agreement.
3) Section 10.11 Integration shall be rescinded in its entirety and replaced with the
following:
10.11 Integration. This Agreement represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.,
4) Except to the extent inconsistent with this First 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 FOLLOWING PAGE
CITY OF DUBLIN
Dated: l / 2—l 19
ATTEST:
Caroline Soto, City Clerk
Mark Thomas & Company, INC.
Dated: 01l a1 By: - -=
Shawn O'Keefe, Principal, Vice President