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
FIFTH AMENDMENT
THIS FIFTH 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 COASTLAND CIVIL ENGINEERING, 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 June 6, 2018 (“Contract”) for the purpose of retaining the services of Contractor to provide City Engineering Services and capital projects delivery assistance; and WHEREAS, the City and the Contractor entered into a first amendment of the Contract on July 1, 2019 for purpose of increasing the contract amount and extending the termination date of the contract; and
WHEREAS, the City and the Contractor entered into a second amendment of the Contract on January 26, 2021; and
WHEREAS, the City and the Contractor entered into a third amendment of the Contract on July 1st, 2021; and
WHEREAS, the City and the Contractor entered into a fouth amendment of the Contract on July 1, 2022; 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:
DocuSign Envelope ID: E9E9054E-32CB-467C-9B61-E4E53A3F8EC8 City of Emeryville | Professional Services Contract Amendment REV 06/2020
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-5, 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 SEPTEMBER 30, 2023.
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 TWO HUNDRED FORTY ONE
THOUSAND FOUR HUNDRED SEVENTY NINE DOLLARS AND NO
CENTS ($241,479.00). 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 ONE HUNDRED
FIFTY NINE THOUSAND SIX HUNDRED TWENTY SEVEN DOLLARS
AND NO CENTS ($1,159,627.00).
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: E9E9054E-32CB-467C-9B61-E4E53A3F8EC8 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: E9E9054E-32CB-467C-9B61-E4E53A3F8EC8 City of Emeryville | Professional Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO PROFESSESIONAL 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
City Manager
Dated: COASTLAND CIVIL ENGINEERING, INC.
(Signature)
John Wagner, CEO
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: E9E9054E-32CB-467C-9B61-E4E53A3F8EC8 11/17/2022
Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 324 Campus Lane, Ste. A Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961
www.coastlandcivil.com
November 10, 2022
Mr. Mohamed Alaoui, PE
Public Works Director
City of Emeryville
Public Works Department
1333 Park Avenue
Emeryville, CA 94608
Subject: Professional Services Agreement (PSA) for City Engineering Services Amendment Request
Dear Mr. Alaoui,
Per our discussions, we are providing this amendment request to provide construction management and support services under our current agreement dated June 6, 2018, as amended for City Engineering Services with the City.
Our services under this amendment will include additional construction management and inspection associated with the Annual Street Rehabilitation and Maintenance Project, Trash Capture Project, BMR Backbone Utility Improvements Project, and the 2022/2023 Annual Paving Project. We have attached a summary of our recent proposals which outline the level of effort we have anticipated on a project-by-project basis.
Our proposed compensation is on an hourly, time and materials basis in accordance with the PSA, Exhibit A rate schedule.
If amended the current contract would be increased by $241,478.67 and subsequently the total amount paid under the contract as compensation for services performed and reimbursements for costs incurred shall not, in any case, exceed ONE MILLION ONE HUNDRED FIFTY-NINE THOUSAND SIX HUNDRED TWENTYSEVEN DOLLARS AND NO CENTS ($1,159,627).
The table below summarizes the contract and amendment history.
Description Effective Date Termination Date Tasks/Services Amount Total Amount Initial Agreement 2-Jan-18 30-Jun-19 Various As Required $45,000 $45,000 Amendment No. 1 1-Jul-19 30-Sep-20 Various As Required $250,548 $295,548 Amendment No. 2 26-Jan-21 30-Jun-21 Various As Required $359,100 $654,648 Amendment No. 3 1 Jul-21 30-Jun-22 Various As Required $218,500 $873,148 Amendment No. 4 1-Jul-22 30-Jun-23 Various As Required $45,000 $918,148 Amendment No. 5 TBD 30-Jun-23 CM & Inspection $241,479 $1,159,627 Exhibit A-5
DocuSign Envelope ID: E9E9054E-32CB-467C-9B61-E4E53A3F8EC8 If you have any questions regarding this request, please call Erik at (707) 495-4193. We look forward to continuing to serve the City.
Sincerely,
John Wanger, PE Erik Weber, PE
CEO Senior Engineer
Attached: CCE Proposal Summary Dated November 2, 2022
DocuSign Envelope ID: E9E9054E-32CB-467C-9B61-E4E53A3F8EC8 Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 324 Campus Lane, Ste. A Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961
www.coastlandcivil.com
November 2, 2022
Mr. Mohamed Alaoui, PE
Public Works Director
City of Emeryville
Public Works Department
1333 Park Avenue
Emeryville, CA 94608
Subject: Summary of Proposals for Providing Construction Management and Inspection Services Dear Mr. Alaoui:
Coastland appreciates the opportunity to provide this proposal for construction management and inspection services for seven City of Emeryville CIP projects noted above. Coastland has a team of construction managers and inspectors experienced a wide array of public works projects. We appreciate the opportunity to support the City of Emeryville with these important projects.
You can be confident knowing our team has the proven expertise to assist the City on a variety of levels. Our CM and inspection team is flexible and dedicated to meeting your needs and will work closely with City staff to share our experience gained from serving other public agencies. Coastland | DCCM specializes in serving public agencies exclusively, which will help us anticipate your needs and provides us with a perspective that other consultants may not have.
Our overall approach to performing construction management and inspection focuses on teaming with City forces to produce a high-quality, cost-effective project. Our team will keep the City informed regarding changes, public relations, and construction progress. We will coordinate closely with the City and stakeholders for the entire duration of the projects. Based on our understanding of the projects our services are as follows:
Annual Street Rehabilitation and Maintenance Project – Our scope of work for this project includes full time inspection and part time construction management oversight. We anticipate an average of 11 hours per day total for inspection construction and management services over a 50 work-day timeframe. Total anticipated cost for these services would be $104,525.
Trash Capture Project – Our scope of work for this project includes part time inspection and very limited construction management oversight. We anticipate an average of 3 hours per day total for inspection construction and management services over a 15 work-day timeframe. Total anticipated cost for these services would be $11,742.
BMR Backbone Utility Improvements Project - Our scope of work for this project includes part time inspection and very limited construction management oversight. We anticipate an average of 5.5 hours per day total for inspection and construction management services over a 65 work-day timeframe. Total anticipated cost for these services would be $65,012.
DocuSign Envelope ID: E9E9054E-32CB-467C-9B61-E4E53A3F8EC8 2022/2023 Annual Paving Project - Our scope of work for this project includes part time inspection and very limited construction management oversight. We anticipate an average of 8 hours per day total for inspection and construction management services over a 40 work-day timeframe. Total anticipated cost for these services would be $60,200.
We will work with the City as necessary to provide any other services the City desires us to perform as part of these projects.
Based on our understanding of services requested, we estimate the total cost to provide these services on a time and materials basis to be $241,479.
We appreciate these new opportunities the City of Emeryville has provided us. Please let us know if you have any questions. We look forward to expanding our ongoing working relationship with the City.
Sincerely,
COASTLAND CIVIL ENGINEERING, LLP
Erik Weber, PE
Senior Engineer
DocuSign Envelope ID: E9E9054E-32CB-467C-9B61-E4E53A3F8EC8