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 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 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 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 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
INVOICING SUMMARY BY TASK
City of EmeryvilleSouth Bayfront Ped/Bike BridgeDesign 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/aTask 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/aTask D - Park Addition for UPRR Sliver Parcel $120,253 $120,875.49 $115,134.78 $115,134.78 n/aTask 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/aTask H - Prepare Maintenance & Inspection Report $0 $0.00 $22,029.00 $23,698.46 n/aTask 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