RESOLUTION NO. 22-76
Resolution Of The City Council Of The City Of Emeryville Authorizing A Third 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 $500,000.00 To Cover Expanded Services For A Total Amount Not To Exceed $3,475,494 And Increasing Revenues And Expenditures In The Building Division Budget For Fiscal Year 2021-2022
WHEREAS, on June 15, 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, on April 19, 2022, the City Council adopted Resolution No. 22.38 approving 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, staff is recommending that the City Council authorize a Third Amendment to the Contract to increase the total compensation amount of $2,975,494 by $500,000 to an amount not to exceed $3,475,494 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 Third Amendment; and WHEREAS, the City of Emeryville amends the budget as necessary during the fiscal year, and staff is recommending that the City Council increase the Building Division revenue and expenditure budgets for fiscal year 2021-2022 to levels sufficient to cover anticipated future major development projects; now, therefore, be it RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to enter into a Third 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 $3,475,494 for fiscal year 2021-2022; and, be it further
RESOLVED, that the City Council of the City of Emeryville hereby authorizes increases in the Building Division revenue and expenditure budgets for fiscal year 2021-2022 as follows: $600,000 in the Plan Checking revenue account (1730-58400), $115,000 in the Title 24 Energy Review Fee revenue account (1730-58380), and $500,000 in the Professional Services – Plan Check Fees expenditure account (1730-80480).
Resolution No. 22-76
WC3 Contract Third Amendment FY2021-2022
City Council Meeting | June 21, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 21, 2022, by the following vote:
AYES: 4 Mayor Bauters and Council Members Donahue, Martinez and Welch NOES: 0
ABSTAIN: 0
ABSENT: 1 Vice Mayor Medina
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Third Amendment to Contract with WC³
CALIFORNIA
PROFESSIONAL SERVICES CONTRACT
FOR CITY USE ONLY
Contract No. CIP No.
Resolution No. Project No. REV 06/2020
THIRD AMENDMENT
THIS THIRD 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 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; and WHEREAS, the City and Contractor entered into a second amendment of the Contract on 5/19/22 for the purpose of increasing the contract amount; 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.
City of Emeryville
I I I
I I I
Exhibit A
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 FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($500,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed THREE MILLION, FOUR
HUNDRED AND SEVENTY-FIVE THOUSAND, FOUR HUNDRED AND
NINETY-FOUR DOLLARS AND SEVENTEEN CENTS ($3,475,494.17).
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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City of Emeryville | Professional Services Contract Amendment REV 06/2020
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: WEST COAST CODE CONSULTANTS, INC.
(Signature)
GIYAN SENARATNE, PRINCIPAL
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements