RESOLUTION NO. 21-10
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Third Amendment To The Professional Services Agreement With AECOM To Extend The Term of Service To Sixty Days After Council Acceptance Of Construction For Archeological Services Within The Site Of The South Bayfront Pedestrian Bicycle Bridge, EPW 17-112 (CIP # 16475006) WHEREAS, the South Bayfront Pedestrian Bicycle Bridge/Horton Landing Park is a capital improvement project that has been in the CIP since the early 2000s and the City’s General Plan for many years before that; and
WHEREAS, the project site contain a portion of the former Emeryville Shellmound; and WHEREAS, a Professional Services agreement with AECOM was authorized in June of 2017 to do geotechnical and environmental exploratory pre-construction investigation work of the project site under a $26,750 Professional Services Agreement; and WHEREAS, the City Council authorized two amendments to the AECOM agreement for a total contract value of $369,431 and extending the agreement to December 31, 2020; and
WHEREAS, the contract is funded as follows:
Amount Fund
Original Agreement $ 26,750 237-16475006
1st Amendment $ 220,267 472-16475006
2nd Amendment $ 122,414 472-16475006
3rd Amendment $ 0 Not Applicable(Time Only)
Total $ 369,431
WHEREAS, due to construction work sequencing AECOM Professional Services could not be completed by December 31, 2020 so it is necessary and desirable to extend the term of the agreement to a date sixty days following acceptance of construction work by the City Council.
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute a Third Amendment to the Professional Services Agreement with AECOM, in the form attached as Exhibit A, which reactivates the agreement and extends the term to Sixty Days following acceptance of Construction by the City Council for Archeological Services related to the site of The South Bayfront Pedestrian Bicycle Bridge.
DocuSign Envelope ID: 10E39D15- E14D-4C13-8332-E6564CE821D1 Resolution 21-10
Emeryville City Council | February 16, 2021
S. Bayfront Bridge/Horton Landing Park -PSA-AECOM
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held on Tuesday, February 16, 2021, by the following vote:
AYES: 5
Mayor Martinez, Vice Mayor Donahue, and Council Members Bauters, Medina, and Patz
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 10E39D15- E14D-4C13-8332-E6564CE821D1
C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 01/2020
THIRD AMENDMENT
THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT Amendment”) is effective as of 30th day of December, 2020, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and AECOM TECHNICAL SERVICES, INC., (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS , the City and Contractor entered into a Professional Services Contract dated August 4, 2017 (“Contract”) for the purpose of retaining the services of Contractor to provide Archaeological Investigation of pre-historic cultural resources within the foundations and permanent easements within the Bay Street Shops on the West Side of the Project Limits; and
WHEREAS, the City Council adopted Resolution 17-120 authorizing the execution of Amendment 1 to allow Archaeological Investigation of pre-historic cultural resources within remaining unexplored structure foundations, drain lines and property recently acquired from Union Pacific Railroad Company within the area planned to become Horton Landing Park on the east side of the Project Limits; and WHEREAS, the City Council adopted Resolution 18-51 authorizing the execution of Amendment 2 to extend contract term to December 31, 2020, and to augment the budget due to the discovery of significant cultural resources and the acquisition of property from Union Pacific Railroad Company; and
WHEREAS, the City and Contractor desire to reinstate and amend the Contract to extend the term; and
WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to reinstate the Contract as of the effective date of this Amendment and to amend the Contract as checked below:
DocuSign Envelope ID: A3195AA4- 8A55-4F02-A439-1193B35753C6 N/A
20082E-0317-PW01 16475006
N/A
DocuSign Envelope ID: 10E39D15- E14D-4C13-8332-E6564CE821D1 City of Emeryville | Professional Services Contract Amendment REV 01/2020
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-Revision Number, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to the sixtieth 60th) calendar day following the date that the South Bayfront Pedestrian Bicycle Bridge is accepted as complete by the City Council .
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount asset forth in Section 3.2 of the Contract by FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
DocuSign 1193B35753C6DocuSign Envelope Envelope ID: ID: A3195AA4- 10E39D15- E14D- 8A55-4F02- 4C13-A439- 832-E6564CE821D1 City of Emeryville | Professional Services Contract Amendment REV 01/2020
5. WAIVER
The City’sfailure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign 1193B35753C6DocuSign Envelope Envelope ID: ID: A3195AA4- 10E39D15- E14D- 8A55-4F02- 4C13-A439- 832-E6564CE821D1 City of Emeryville | Professional Services Contract Amendment REV 01/2020
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
THIRD AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
Christine S. Daniel, City Manager
Dated: AECOM TECHNICAL SERVICES, INC.
Signature)
Steve Leach, Vice President
DocuSign Envelope ID: A3195AA4- 8A55-4F02-A439-1193B35753C6 1/11/2021
DocuSign Envelope ID: 10E39D15- E14D-4C13-8332-E6564CE821D1