RESOLUTION NO. 22-39
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Sixth Amendment To The Professional Services Agreement With Biggs Cardosa Associates Revising Work Scope And Budget For Engineering Design Services For The South Bayfront Bridge / Horton Landing Park Project, EPW 17-112 (CIP #16475006 and 17237003)
WHEREAS, the City of Emeryville City Council took several actions to authorize resources to create the South Bayfront Pedestrian Bicycle Bridge and Horton Landing Park, and
WHEREAS, several actions were related to procuring engineering design services, and WHEREAS, in November 2015, the City awarded a Professional Services Contract in the amount of $400,740 to a team lead by Biggs Cardosa Associates to provide engineering design services after finding the firm most qualified; and WHEREAS, due to challenges in securing land rights to build the project, Amendment 1 and Amendment 2 to the Professional Services Agreement were approved by the City Manager to extend the term of the agreement, allowing the plans to be updated and revised, and
WHEREAS, Amendment 3 to the Professional Services Agreement for $848,400 was approved by the City Council to extend the contract term and provide additional design services during the bidding and construction phase of the Project, and WHEREAS, Amendment 4 to the Professional Services Agreement was approved by the City Manager to extend the term of the agreement because construction work went beyond the termination date set forth in Amendment 3, and WHEREAS, Amendment 5 to the Professional Services Agreement was approved by the City Council to provide a revised work scope and budget to add special inspection services related to the modification of the Bay Street Shops and Residences Garage Bridge and to prepare a Maintenance and Inspection Program; and WHEREAS, Amendment 6 to the Professional Services Agreement is proposed to increase appropriations by $9,500 from Fund 475 (General Capital Fund) to handle the increase in the contract amount, augment the project budget for previously authorized construction support services, and address additional design services related to adding additional plates over expansion joints and graffiti deterring barrier fencing at Main Bridge (a.k.a. Arch Span) Landings, and
DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3 Resolution No. 22-39
6 th Amendment to PSA – Biggs Cardosa
City Council Meeting | April 19, 2022
WHEREAS, the contract including proposed 6
th Amendment is funded as follows:
Amount Fund
Original Agreement $400,740 475
1 st Amendment $0 (Time Extension)
2 nd Amendment $0 (Time Extension)
3 rd Amendment $848,400 472-16475006
4 th Amendment $0 (Time Extension)
5 th Amendment $153,438 475-16475006
6 th Amendment $9,500 475-16475006
Total $1,412,078
WHEREAS, there is sufficient funding to cover the cost of amending the Professional Services Agreement as authorized for the South Bayfront Pedestrian Bicycle Bridge project; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby approves a Sixth Amendment to the Professional Services Agreement and authorizes the City Manager to enter into a Sixth Amendment to Professional Services Agreement with Biggs Cardosa Associates to increase the contract amount by $9,500 for a total amount not to Exceed $1,412,078 to provide Engineering Design and Construction Support Services for the South Bayfront Bridge Pedestrian Bicycle Bridge Project, EPW 17-112, CIP# 16475006 & CIP #17237003.
DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3 Resolution No. 22-39
6 th Amendment to PSA – Biggs Cardosa
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 - 6th Amendment DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3 City of Emeryville
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 06/2020
SIXTH AMENDMENT
THIS SIXTH 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 BIGGS CARDOSA ASSOCIATES, 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 November 3, 2015 (“Contract”) for the purpose of retaining the services of Contractor to provide Engineering Design Services related to the development of Plans,Specifications and Estimate for the South Bayfront Pedestrian Bicycle Bridge Project(CIP No. 16475006 and No. 17237003); and
WHEREAS, the City Manager Executed Amendment 1 and Amendment 2 to extend the term of the Agreement; and
WHEREAS, the City Council adopted Resolution 18-110 authorizing the execution of Amendment 3 to revise the work scope and budget to develop new plans for Horton Landing Park Expansion, to provide Bid Support and Construction Support Services related to said South Bayfront Pedestrian Bicycle Bridge Project; and WHEREAS, the City Manager Executed Amendment 4 to extend the term of the Agreement; and
WHEREAS, the City Council adopted Resolution 21-25 authorizing the execution of Amendment 5 to revise the work scope and budget to augment submittal review budget, to augment the budget for responses to Requests for Information and Change Orders, to augment the budget for construction observations, to perform special inspections services of the Bay Street Garage Bridge modifications, and to prepare a post construction Inspection and Maintenance Program Document.
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
DocuSign Envelope ID: 4730ABCE-9136-4A74-B3CE-81630F317ED8 DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3 City of Emeryville | Professional Services Contract Amendment REV 06/2020
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-6, 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 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 NINE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($9,500.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed ONE MILLION FOUR
HUNDRED TWELVE SEVENTY EIGHT DOLLARS AND NO CENTS
($1,412,078.00).
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 Envelope ID: 4730ABCE-9136-4A74-B3CE-81630F317ED8 DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3 City of Emeryville | Professional Services Contract Amendment REV 06/2020
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
DocuSign Envelope ID: 4730ABCE-9136-4A74-B3CE-81630F317ED8 DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3 City of Emeryville | Professional Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
SIXTH 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: BIGGS CARDOSA ASSOCIATES, INC.
(Signature)
Mahvash Harms, Principal
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
3/29/2022
DocuSign Envelope ID: 4730ABCE-9136-4A74-B3CE-81630F317ED8 DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3 March 29, 2022
2007073.6
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Attention: Mr. Todd Teachout, P.E.
Subject: South Bayfront Pedestrian Bicycle Bridge
DSDC Budget Augmentation – Amendment #6
Dear Todd:
Biggs Cardosa Associates, Inc. is very pleased with the construction of the South Bayfront Pedestrian Bicycle Bridge, and we are submitting this proposal for the final construction support services for the project.
Biggs Cardosa Associates’ additional efforts related to this amendment are as follows:
1. Ongoing support services through April 30, 2022 (including submission of the updated Maintenance & Inspection Manual)
2. Revisions to the fencing at the ends of the main bridge.
3. Expansion joint detail modifications.
Additional Fee:
The Biggs Cardosa Associates team proposes to provide these additional services, as described, for an additional fee of $9,500 to be compensated on a time and materials basis.
Should you have any questions, please do not hesitate to call.
Sincerely,
BIGGS CARDOSA
ASSOCIATES, INC.
Martin Bodemar, S.E.
Engineering Manager
Attachments
EXHIBIT A-6
DocuSign Envelope ID: 4730ABCE-9136-4A74-B3CE-81630F317ED8 DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3
INVOICING SUMMARY BY TASK
City of Emeryville
South Bayfront Ped/Bike Bridge
Design Services During Construction Budget Augmentation #2 (City Amendment #6) 1 2 3 4 5
3/29/2022 Original Revised Amend. #5 Amend. #6 Increased DSDC DSDC DSDC Proposed DSDC Budget
Invoicing Invoicing Invoicing Invoicing Request
Budgets Budgets Budgets Budgets for Amend. #6
Construction Suppport Services Tasks
Task A - Project Management/Administration $69,588 $69,588.00 $47,528.68 $47,528.68 n/a Task B - Pre-Construction Revisions $118,281 $118,281.00 $100,028.42 $100,028.42 n/a Task C - Contingencies (Allowances for Lighting/Receptacles/Water/Const. Review) $67,000 $91,540.76 $80,251.89 $80,251.89 n/a Task D - Park Addition for UPRR Sliver Parcel $120,253 $120,875.49 $115,134.78 $115,134.78 n/a Task E - Bid Support Services $20,023 $20,023.00 $6,286.27 $6,286.27 n/a Task F - Construction Support Services $453,255 $428,091.75 $552,338.96 $600,121.00 n/a Task G - Prepare Record Drawings $0 $0.00 $54,609.00 $16,891.50 n/a Task H - Prepare Maintenance & Inspection Report $0 $0.00 $22,029.00 $23,698.46 n/a Task I - Garage Bridge Inspections $0 $0.00 $23,631.00 $21,397.00 n/a Sub-Total Fees: $848,400 $848,400 $1,001,838.00 $1,011,338.00 $9,500.00 Note:
Amendment #6 increases the project budget by $9,500 for the revisions to the fencing, the expansion joint covers, and ongoing work in 2022.
DocuSign Envelope ID: 4730ABCE-9136-4A74-B3CE-81630F317ED8 DocuSign Envelope ID: 2427606C-E1F9-49E0-B93B-D274F47B38C3