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
FIRST AMENDMENT
THIS FIRST 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 WOOD RODGERS, 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 August 20, 2021 (“Contract”) for the purpose of retaining the services of Contractor to provide system-wide clean and CCTV program services, project management meetings and coordination, and sewer hotspot repairs; and WHEREAS, The City and Contractor entered into a first amendment fo the Contract on November 21, 2021 for the purpose of reallocating scope for additional CCTV work; 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 | 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 ZERO DOLLARS AND NO CENTS ($0). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed ZERO DOLLARS AND NO CENTS ($0).
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
City of Emeryville | Professional Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
FIRST 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: WOOD RODGERS, INC.
(Signature)
Dan Matthies, Cive President, Wood Rodgers, Inc.
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
Exhibit A
Wood Rodgers Sanitary and Storm Drainage On Call Amendment 1 November 11, 2021
Keely Nelson
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
510-596-4337
[email protected]
Re: City of Emeryville, Sanitary Sewer and Storm Drainage On Call, Amendment 1 (9016001) Dear Ms. Nelson,
Wood Rodgers, Inc. (Wood Rodgers) is providing engineering services for the Sanitary Sewer and Storm Drainage On-Call Project for the City of Emeryville. The original contract was intended to oversee CCTV activities; design improvements for the Powell Street sewer line; and implement repairs of the sewer hot spot locations. The City has since requested that we move budget to CCTV and cleaning activities. We are requesting budget reallocation as stated in this Amendment 1 for the following reasons:
1. Create a new CCTV and Cleaning Task with a 30% contingency and reallocate $400,701 from the existing tasks to the new tasks.
2. Hire and manage a City selected contractor for the CCTV and Cleaning Task to perform CCTV inspection and hydro cleaning for 15.4 miles of sanitary sewer pipes.
The proposed new task budgetsto complete this revised scope of work are summarized as follows. Please reference Exhibit A for further detail of the proposed budget moves.
The estimated fees are based on negotiated rates to be utilized for the scope of work and budgets identified above. The estimate fees and rates are confidential and client will not disclose.
Sincerely, IN AGREEMENT WITH THE ABOVE TERMS:
Dan Matthies By:
Vice President, Wood Rodgers, Inc. Print Name
BUDGET SUMMARY FOR AMENDMENT 1
TO AMOUNT
Task 4.1 Sub, CCTV and Cleaning T&M* $280,491
Task 4.2 Sub, CCTV and Cleaning 30% Contingency* $120,210 TOTAL REALLOCATED AMOUNT: $400,701
*includes WR 10% markup
DocuSign Envelope ID: D8652133-22BF-45E6-8009-59C10103BC89 Keely Nelson
Task
Backlog
Amount to
Move
Budget
Remaining
Move to Task New Task
Budget
2.5 SS SS Alternatives Powell T&M $ 18,240 $ - (18,240) $
2.6 SS SS Prelim Design Memo Powell T&M $ 28,600 $ - (28,600) $
2.7 SS SS Permitting Powell T&M $ 3,280 $ - (3,280) $
2.8 SS SS Construction Documents Powell T&M $ 61,760 $ - (61,760) $
2.9 SS SS Bid Support Powell T&M $ 2,640 $ - (2,640) $
2.10 SS SS Eng During Constructions Powell T&M $ 15,680 $ - (15,680) $
2.11 SS SS Record Drawings Powell T&M $ 4,800 $ - (4,800) $
2.12 SS SS Field Work (Opt) Powell T&M $ 5,360 $ - (5,360) $
2.12 SS Sub 1 SS Field Contractor (Opt) Powell T&M $ 55,000 $ - (55,000) $
3.1 SS SS Review Data (CCTV,others) Repairs T&M $ 4,000 $ - (4,000) $
3.2 SS SS Site Inspection Repairs T&M $ 3,600 $ - (3,600) $
3.3 SS SS Alternatives Repairs T&M $ 16,580 $ - (16,580) $
3.4 SS SS Construction Documents Repairs T&M $ 53,960 $ - (53,960) $
3.5 SS SS Bid Support Repairs T&M $ 1,120 $ - (1,120) $ $ - (5,871) $
$ - (8,569) $
3.7 SS SS Record Drawings Repairs T&M $ 2,640 $ - (2,640) $
3.0 SS Sub 1 SS Task 3 V&A Consultants T&M $ 7,767 $ - (7,767) $
1.1 SD SD Database & Collector App T&M $ 12,180 $ - (12,180) $
1.2 SD SD Reconcile Data w/ Agencies T&M $ 6,460 $ - (6,460) $
1.3 SD SD Georeference As Builts (Opt) T&M $ 12,000 $ - (12,000) $
1.4 SD SD Field Survey T&M $ 20,028 $ - (20,028) $
2.1 SD SD Inspect/Assess Conditions T&M $ 11,296 $ - (11,296) $
2.2 SD SD CCTV & Inventory T&M $ 3,190 $ - (3,190) $
2.2 SD Sub 1 SD CCTV Contractor T&M $ 7,920 $ - (7,920) $
2.3 SD SD Maintenance & Rehab T&M $ 11,670 $ - (11,670) $
3.1 SD SD As-Built, Data, 2000 MP T&M $ 2,330 $ - (2,330) $
3.2 SD SD High-Level Hydraulic Anyls T&M $ 4,120 $ - (4,120) $
3.3 SD SD High-Level Concept Design T&M $ 6,230 $ - (6,230) $
3.4 SD SD High-Level Improve Costs T&M $ 3,810 $ - (3,810) $ $ (400,701) 400,701 $ - $ 400,701 $
*includes WR 10% markup
$ 120,210
Total
3.6 SS SS Eng During Construction Repairs T&M 14,440 $
EXHIBIT A: City of Emeryville, Sanitary Sewer and Storm Drainage On Call (9016001) Amendment 1, Proposed Budget Moves
Move from Task
$ 280,491
4.1 Sub, CCTV and
Cleaning T&M*
4.2 Sub, CCTV and
Cleaning 30%
Contingency*
DocuSign Envelope ID: D8652133-22BF-45E6-8009-59C10103BC89