RESOLUTION NO. 22-38
Resolution Of The City Council Of The City Of Emeryville Authorizing A Second Amendment Of The Professional Services Contract With West Coast Code Consultants (WC3) For Fiscal Year 2021-2022 For Building Division Services In An Amount Of $1,341,794 To Cover Expanded Services For A Total Amount Not To Exceed $2,975,494
WHEREAS, on June 12, 2021 the City Council adopted Resolution No. 21-63 approving a Professional Services Contract with West Coast Code Consultants (WC³) to provide professional services in plan check, field inspections and project management for the Building Division during fiscal year 2021-2022 (“Contract”); and WHEREAS, on September 13, 2021 the City Council adopted Resolution No. 21-97 approving a First Amendment to the Contract to increase the total compensation amount of $1,133,700 by $500,000 to an amount not to exceed $1,633,700 to cover expanded services; and
WHEREAS, staff is recommending that the City Council adopt a Second Amendment to the Contract to increase the total compensation amount of $1,633,700 by $1,341,794 to an amount not to exceed $2,975,494 to cover expanded services; and WHEREAS, the City of Emeryville has determined that specialized knowledge, skills, and training are necessary to render the services contemplated hereunder; and WHEREAS, the public interest will be served by this Second Amendment; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to enter into a Second Amendment of the Professional Services Contract with West Coast Code Consultants, Inc., in substantial form as attached to this resolution as Exhibit A, to provide the Building Division with expanded services, increasing the contract amount for a total compensation not to exceed $2,975,494 for fiscal year 2021-2022.
DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3 Resolution No. 22-38
WC3 Contract Second Amendment FY2021-2022
City Council Meeting | April 19, 2022
ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, April 19, 2022, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Medina and Council Members Donahue, Martinez and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Professional Services Contract – 2
nd Amendment
DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3
CALIFORNIA
PROFESSIONAL SERVICES CONTRACT
FOR CITY USE ONLY
Contract No. CIP No.
Resolution No. Project No. REV 06/2020
SECOND AMENDMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and WEST COAST CODE CONSULTANTS, INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
WITNESSETH THAT
WHEREAS, the City and Contractor entered into a Professional Services Contract dated July 1, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide experienced Plan Reviewers, Combination Building Inspectors, Permit Technicians, and Code Enforcement Officers capable of handling the Buinding Division’s needs; and
WHEREAS, the City and Contractor entered into a first amendment of the Contract on 9/16/21 for the purpose of increasing the contract amount of the contract; and WHEREAS, the City and Contractor desire to amend the Contract; 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 amend the Contract as checked below:
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.
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Exhibit A
DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3 City of Emeryville | Professional Services Contract Amendment REV 06/2020
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 NEW END DATE.
1.3 Total Compensation Amount
; The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by ONE MILLION, THREE HUNDRED AND FORTY-ONE THOUSAND, SEVEN HUNDRED AND NINETYFOUR DOLLARS AND SEVENTEEN CENTS ($1,341,794.17). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO
MILLION, NINE HUNDRED AND SEVENTY-FIVE THOUSAND, FOUR
HUNDRED AND NINETY-FOUR DOLLARS AND SEVENTEEN CENTS
DOLLARS AND NO CENTS ($2,975,494.17).
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.
5. WAIVER
The City’s failure 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
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6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
SECOND 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: WEST COAST CODE CONSULTANTS, INC.
(Signature)
GIYAN SENARATNE, PRINCIPLE
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
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DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3