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Home My WebLink AboutReso 02-20 Approving an Amendment to the Agreement with Kittelson & AssociatesRESOLUTION NO. 02 - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE AGREEMENT WITH KITTELSON & ASSOCIATES. WHEREAS, in previous year, Staff prepared and initiated a Request for Qualifications (RFQ) for on -call engineering services; and WHEREAS, Kittelson & Associates (Consultant) was selected as one of the most qualified firms to provide certain engineering services on an as -needed basis among other firms; and WHEREAS, on June 19, 2018, the City Council adopted Resolution 64-18 and entered into On -Call Consulting Services Agreement (Agreement) with Consultant; and WHEREAS, the current not -to -exceed amount of $500,000 in the Agreement needs to be increased to allow for the completion of work as requested by Task Order, issued against this Agreement; and WHEREAS, the City and Consultant now desire to increase the not -to -exceed amount to $1,000,000; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to the 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 Agreement with Consultant. vote: PASSED, APPROVED AND ADOPTED this 14th day of January 2020, by the following AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: Mayor ATTES : yb'LV � City Clerk Reso 02-20, Adopted 01/14/2020, Item 4.3 Page 1 of 1 ,f- 7,3 8' AMENDMENT #1 TO CONSTULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND KITTELSON & ASSOCIATES FOR ON -CALL ENGINERING SERVICES WHEREAS, on June 19, 2018, the City of Dublin (hereinafter referred to as "CITY") and Kittelson & Associates (hereinafter referred to as "CONSULTANT") entered into a On -Call Consulting Services Agreement for Engineering Services (hereinafter referred to as the "AGREEMENT"); and WHEREAS, the existing AGREEMENT has a not to exceed amount of $500,000; and WHEREAS, the CITY and CONSULTANT now wish to amend the agreement to modify sections 2.0, 7.5, and 9.11 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the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 shall be rescinded in its entirety and replaced with the following: COMPENSATION. City hereby agrees, to pay Contractor a sum not to exceed (ONE MILLION DOLLARS) $1,000,000, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor 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 the City to Contractor for services rendered pursuant to this agreement. Contractor shall submit all invoices to the City in the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor 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 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 Consultant Administrator or this Agreement. 3) Section 9.11 Integration shall be rescinded in its entirety and replaced with the following: 9.11 Integration. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or Not to Exceed 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) 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 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: ► 14 2,0 ,�k-0 ATTEST: Caroline Soto, City Clerk NAME OF CONSULTANT Dated:12 19 12pl9 By: Linda Smith, City Manager s Damian Stefanakis, Principal Planner rev. 9.4.18 E Agreement/Contract Routing Cov. b r SOMWED Required fields are marked with * OA D U BL I N Dept Head and Finance approval/signatures (if Finance is applicable) must be acquired bLre dos ne teftrded to A 0 IR N i City Manager's Office. CITY OF DUSLIN Date*: I L_; Contact Name & Dept.*: Sai Midididdi, Public Works CITY MANAGER'S OFFICE Title of Document*: Amendment 1 to On -Call Contract Project Name: On -Call Consulting Svcs Name of Parties*: Kittelson & Associates Doc. dated*: ❑ Date when signed by CM (To Be) Approved (cc mg): 01 /14/20 Associated authority for sign.: E]Purch. Policy W Reso WJCC Item #: 64-18 Hold for CC approval City Notarization regst'dOriginal for entering/records OBond(s) included ❑ Dept. Head sign. included Q City Mgr. sign. reqst'd [Z]Clerk sign. reqst'd ❑ City Attorney sign. reqst'd Other (pis. specify): City Attorney Review If using vendor Agreement Template ,4/ W-9 (req'd for any new agreement) F,71 Business Lie. # & Expiration Year: BL-1 10332, 2020 Cert. of Ins./Endorse. & Expiration (note closest approaching expiry date if dates vary): January 2020 Eden Vendor # (if known): 005923 ept. Head Initial & Date*: I r3/# of originals attached*: 2 By initialing Dept Head agrees that they have reviewed and approve the material/content attached. One executed original will be kept and given to Records. any remaining executed originals will be routed back to department On -Call Agreement ❑ Task Order # ✓❑ Amendment # 1 Other (pis. specify): ❑ Single Project Agreement CIP (w/Retention) CIP (no Retention) Operator/Use Agreement Ej Instructor Agreement Artist/Performer Agreement Req'd ins., medical & other info/materials have been revw'd, verified & are current Account(s) to be used: Proj. No.: (vnd.propram.acwunt (und.pmgram.account Associated Dollar Amt.: $500,000 Amount to Encumber: prulect account number New PO Request (Required for any Agreement w/ anticipated payout of > $5,000 (may not be applicable for On -Calls). Make sure Dept Head signature is obtained before sending to Finance/CM0) Amend PO Request PO #: Current PO Total: New PO Total: Finance Initial & Date: 1 12 1.2o-Lv r To Analyst for rev.: Analyst recv'd: To Finance for rev.: 6 2DW Finance Recv'd: Back to Analyst: t L°Z `� City A omey sigrnn.: `+ To CM for sign.: 15 �7aCM sign:*"Z� To Clerk for sign.: A' Clerk sig Routing Notes: