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
FIFTH AMENDMENT
THIS FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT Amendment”) is effective as of _______________ 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 Project, 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 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;
DocuSign 5D869F8A3CFEDocuSign Envelope Envelope ID: ID: 6E96BD77- 4F9A13D9- 0345- 6484A51-13C-85F5- AAF2-11F1B15F9997 CF-02
21-25 16475006
20125E-0515-PW01
5/26/2021
City of Emeryville | Professional Services Contract Amendment REV 01/ 2020
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-5, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section I.C 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 as set forth in Section III.B of the Contract by ONE HUNDRED FIFTY THREE
THOUSAND FOUR HUNDRED THIRTY EIGHT DOLLARS AND NO
CENTS ($153,438). 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
TWO THOUSAND FIVE HUNDRED SEVENTY EIGHT DOLLARS AND
NO CENTS ($1,402,578).
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.
DocuSign 5D869F8A3CFEDocuSign Envelope Envelope ID: ID: 6E96BD77- 4F9A13D9- 0345- 6484A51-13C-85F5- AAF2-11F1B15F9997 City of Emeryville | Professional Services Contract Amendment REV 01/ 2020
SIGNATURES ON FOLLOWING PAGE
DocuSign 5D869F8A3CFEDocuSign Envelope Envelope ID: ID: 6E96BD77- 4F9A13D9- 0345- 6484A51-13C-85F5- AAF2-11F1B15F9997 City of Emeryville | Professional Services Contract Amendment REV 01/ 2020
6. SIGNATURE PAGE TO PROFESSIONAL SERVICES CONTRACT
FIFTH 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
DocuSign Envelope ID: 6E96BD77- 6485-413C-AAF2- 5D869F8A3CFE 3/22/2021
DocuSign Envelope ID: 4F9A13D9- 0345- 4A51-85F5-11F1B15F9997 5/26/2021
2nd Revision March 18, 2021
Revised February 11, 2021
January 10, 2021
2007073.6
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Attention: Mr. Todd Teachout, P.E.
Subject: South Bayfront Pedestrian Bicycle Bridge
Design Services During Construction Amendment
Dear Todd:
Biggs Cardosa Associates, Inc. is very pleased with the progress of the construction of the South Bayfront Pedestrian Bicycle Bridge, and we are submitting this proposal to provide further construction support services for the continued construction phase work on the project.
Task 0 – Project Management and Administration Supplement:
Additional resources are needed to maintain the project management and administration services for the project through September 2021.
Tasks 1A, 1B, 1C, 2, and 3:
Tasks are complete and remaining budget has been shifted to other tasks. This adjustment is shown in the attached Summary of Fees.
Task 4 – Site/ Construction Meetings Supplement:
Additional resources are needed to support ongoing attendance at these meetings and project site visits as requested by the City or the construction manager (MNS Engineers).
Task 5 – Submittal Review Supplement:
Submittal review has been more extensive than originally estimated. The budget for submittal reviews needs to be augmented in order to continue the submittal review effort.
Task 6 – Clarify Contract Documents, Respond to RFI’s, and Change Order Support:
RFI & Change Orders has been more extensive than originally estimated. Additional budget is needed for the effort that remains.
Task 7 – Construction Observation Supplement:
Field observation has exceeded the original estimate and additional hours are needed for the remaining construction observation work.
Exhibit A-5
Amendment 5 to
Professional Services Agreement with
Biggs Cardosa Associates, Inc.
DocuSign 5D869F8A3CFEDocuSign Envelope Envelope ID: ID: 6E96BD77- 4F9A13D9- 0345- 6484A51-13C-85F5- AAF2-11F1B15F9997 City of Emeryville
2nd Revision March 18, 2021
Revised February 11, 2021
January 10, 2021
Task 8 – Prepare Record Drawings:
There is no change to this item from Amendment No. 3.
Task 9 – Prepare Maintenance & Inspection Report:
Based on discussions with the City, the project team will provide guidance information regarding maintenance and inspection of the new structures. This maintenance and inspection report will cover the West Stair, West Ramp, Main Bridge, East Ramp, and East Stair. The East Creek Bridge, the retaining walls, the Garage Bridge, and the Spur Track Bridge are excluded from the Maintenance & Inspection Report. BCA will provide the following sections for the proposed report:
a. Inspection Program & Schedule
b. Inspection Procedures
c. Maintenance & Repair Procedures
d. Appendix A – Identification of Bridge Elements using select plan sheets. e. Appendix B – Checklist for Maintenance and Inspection f. Appendix C – Structural Condition Survey Forms; basic inspection survey forms for each of the structures.
Task 10 – Garage Bridge Inspections:
As required by the City’s Building Department, the following inspection work will be performed by the BCA Team:
a. Reinforcing steel inspections.
b. Reinforced concrete placement inspections.
c. Concrete cylinder compression tests.
d. Review of QC documents for the structural steel fabrication. e. Field welding inspection.
f. Field bolting inspection.
g. Inspection of drill & bond dowels and concrete expansion anchors. h. Inspection of steel rod placement and stressing.
i. HS threaded rod placement inspection.
j. Tightening of the nuts for the HS rods.
k. Inspection of the temporary support system.
l. Inspection of paint system and member removal.
Additional Fee:
The Biggs Cardosa Associates team proposes to provide these additional services, as described, for an additional fee of $153,438 to be compensated on a time and materials basis.
This additional construction support services fee proposal represents our best estimate of the costs involved. Since construction support services costs are highly dependent on the contractor’ s proficiency and performance and the overall construction schedule, the final cost may be above or below that estimated in this proposal.
DocuSign 5D869F8A3CFEDocuSign Envelope Envelope ID: ID: 6E96BD77- 4F9A13D9- 0345- 6484A51-13C-85F5- AAF2-11F1B15F9997 City of Emeryville
2nd Revision March 18, 2021
Revised February 11, 2021
January 10, 2021
We are looking forward to the exciting days, months, and years ahead for this project. The project has been a collaboration between the City, our design team, the construction management group, the contractor, and others. We are very grateful for the opportunity to participate and contribute to this great project.
Should you have any questions, please do not hesitate to call.
Sincerely,
BIGGS CARDOSA
ASSOCIATES, INC.
Martin Bodemar, S.E.
Engineering Manager
Attachments
cc: Mahvash Harms, Biggs Cardosa Associates
Mary Grace Houlihan, City of Emeryville
Martin Bodemar, S.E.
ASSOCIATES, INC.
DocuSign 5D869F8A3CFEDocuSign Envelope Envelope ID: ID: 6E96BD77- 4F9A13D9- 0345- 6484A51-13C-85F5- AAF2-11F1B15F9997
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
FOURTH AMENDMENT
THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT Amendment”) is effective as of _______________ 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 South Bayfront Pedestrian Bicycle Bridge, Update; and WHEREAS, the Parties executed Amendment No. 1 to the Contract to extend the time to complete scope of work to December 31, 2017, and
WHEREAS, the Parties executed Amendment No. 2 to the Contract to further extend the time to complete scope of work to March 31, 2018, and WHEREAS, the Parties executed Amendment No. 3 to the Contract to extend the time to provide services to June 30, 2020, and to amend the scope of work to revise plans to include Horton Landing Park Expansion Improvements, to answer contractor questions during the bid process, to prepare conformed plans and to provide construction support service; 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
DocuSign Envelope ID: 12ECDB66- 2A49- 48C0- AC58- 5BE0F1784BDA N/A
1647500620015E- 0415- PW01
N/A
7/17/2020
DocuSign 5D869F8A3CFEDocuSign Envelope Envelope ID: ID: 6E96BD77- 0D8AEDBD-6485- 7960-413C- 4E65-AAF2- ABA8- 513C35BBA1CA City of Emeryville | Professional Services Contract Amendment REV 01/ 2020
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 I.C of the Contract is hereby amended to extend the termination date to DECEMBER 31, 2021.
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 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.
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 5BE0F1784BDADocuSign 5D869F8A3CFEDocuSign Envelope Envelope Envelope ID:D: ID: 12ECDB66- 6E96BD77- 0D8AEDBD-6485- 2A49- 7960-413C- 48C0- 4E65-AAF2- AC58- ABA8- 513C35BBA1CA City of Emeryville | Professional Services Contract Amendment REV 01/ 2020
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
FOURTH 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
DocuSign Envelope ID: 12ECDB66- 2A49- 48C0- AC58- 5BE0F1784BDA 7/16/2020
7/17/2020
DocuSign 5D869F8A3CFEDocuSign Envelope Envelope ID: ID: 6E96BD77- 0D8AEDBD-6485- 7960-413C- 4E65-AAF2- ABA8- 513C35BBA1CA