HomeMy WebLinkAboutReso 58-23 Approving Amendments to the Agreements with MNS Engineers, Inc. and Swinerton Management & Consulting Page 1 of 1
RESOLUTION NO. 58 – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE AGREEMENTS WITH MNS ENGINEERS, INC. AND
SWINERTON MANAGEMENT & CONSULTING
WHEREAS, in 2021, Staff prepared and initiated a Requests for Qualifications (RFQs) for
Construction Management and Inspection Services; and
WHEREAS, during that time, Staff reviewed and selected the most qualified contractors
and entered into agreements for these services; and
WHEREAS, the City entered into agreements with MNS Engineers, Inc. and Swinerton
Management & Consulting on July 1, 2021; and
WHEREAS, the City amended the agreement with Swinerton Management & Consulting
on December 16, 2021 to include emergency operations assistance; and
WHEREAS, the City wishes to amend the agreements with MNS Engineers, Inc. and
Swinerton Management & Consulting to extend the terms to June 30, 2026, and increase the not-
to-exceed compensation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the amendments to the agreements with MNS Engineers, Inc. and Swinerton
Management and Consulting, attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A, and make any necessary, non-substantive changes to Exhibit A to carry out the intent
of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:
AYES: Councilmembers Hu, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
______________________________
Mayor
ABSTAIN: Councilmember Josey
ATTEST:
_________________________________
City Clerk
Reso. No. 58-23, Item 4.16, Adopted 06/06/2023
DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030
Page 1 of 3
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND
MNS ENGINEERS, INC.
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and MNS Engineers, Inc. (hereinafter referred to as " CONSULTANT ") entered into
a Consulting Services Agreement for On-Call Construction Management & Inspection
Services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the CITY would like to expand the services provided by the
CONSULTANT; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement and
increase the not to exceed compensation amount to $2,000,000 by modifying Section 2 of the
Agreement.
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 June 30, 2026, 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 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $2,000,000, notwithstanding any contrary indications that may be contained in
the Consultant’s proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the 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. 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.
Exhibit A
DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030
DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030
DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030
Page 1 of 3
AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND
SWINERTON MANAGEMENT & CONSULTING
WHEREAS, on July 1, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Swinerton Management & Consulting (hereinafter referred to as
"CONSULTANT ") entered into a Consulting Services Agreement for On-Call Construction
Management & Inspection Services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the CITY would like to expand the services provided by the
CONSULTANT; and
WHEREAS, the CITY and CONSULTANT entered into Amendment No. 1 to the
AGREEMENT dated December 16, 2021, for the addition of a new section for Emergency
Operations Assistance to the Public Works Department in the event of an emergency; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through June 30, 2026 by modifying section 1.1 of the Agreement and
increase the not to exceed compensation amount to $2,000,000 by modifying Section 2 of the
Agreement.
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 June 30, 2026, 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 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $2,000,000, notwithstanding any contrary indications that may be contained in
the Consultant’s proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant’s proposal, regarding the amount of compensation, the Agreement shall
DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030
DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030
DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030