RESOLUTION NO. 23-25
Resolution Of The City Council Of The City of Emeryville Authorizing The City Manager To Enter Into First Amendment To The Contract With Cal Engineering & Geology, Inc. To Increase The Total Compensation Amount By $14,958.21 For A Total Not To Exceed Amount Of $166,863.21 For The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 16475021) WHEREAS, the Point Emery Shoreline Protection Project is a Capital Improvement Program project, EPW 101-18 (CIP #16475021), with the purpose of maintaining and preserving existing park land in danger of erosion from tidal and wave action (“Project”); and
WHEREAS, on December 7, 2021, the City Council authorized the City Manager to enter into an agreement with Cal Engineering and Geology, Inc. for construction management services and authorized the City Engineer to advertise construction of the project for public bidding (Resolution No. 21-129); and
WHEREAS, the actual effort to manage the construction of the project has taken longer than the original projection of hours and cost and once the final eelgrass survey is completed in April 2023, as required by the approved BCDC Permit Amendment 1, total expenditures will have exceeded the original contract amount by $14,958.21; and WHEREAS, there is adequate funding in the Point Emery Shoreline Protection Project (CIP #16475021, Fund 475) project budget to fund this Contract First Amendment; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville authorizes the City Manager to enter into the attached First Amendment to the Contract with Cal Engineering & Geology, Inc. to increase the total contract amount by $14,958.21 for a total not to exceed amount of $166,863.21 for the Point Emery Shoreline Protection Project (CIP #16475021).
DocuSign Envelope ID: ADFAEDCF-5ED4-4205-9B9B-9A2ED5CCC758 Resolution No. 23-25
Contract First Amend, CE&G – Point Emery Shoreline Protection Project City Council Meeting | March 7, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, March 7, 2023, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Welch and Council Members Kaur, Mourra and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
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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 CAL ENGINEERING & GEOLOGY 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 February 11, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide Construction Management Services for Point Emery Shoreline Protection Project; 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-1, 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 JUNE 1, 2023.
DocuSign Envelope ID: 9E68A254-B05B-4014-A458-39BCDA62DCF5 DocuSign Envelope ID: ADFAEDCF-5ED4-4205-9B9B-9A2ED5CCC758 City of Emeryville | Professional Services Contract Amendment REV 06/2020
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 FOURTEEN THOUSAND NINE
HUNDRED FIFTY EIGHT DOLLARS AND TWENTY ONE CENTS
($14,958.21). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed ONE HUNDRED SIXTY SIX THOUSAND EIGHT
HUNDRED SIXTY THREE DOLLARS AND TWENTY ONE CENTS
($166,863.21).
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 Envelope ID: 9E68A254-B05B-4014-A458-39BCDA62DCF5 DocuSign Envelope ID: ADFAEDCF-5ED4-4205-9B9B-9A2ED5CCC758 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
City Manager
Dated: CAL ENGINEERING & GEOLOGY INC.
(Signature)
Phil Gregory, Senior Principal Engineer
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: 9E68A254-B05B-4014-A458-39BCDA62DCF5 02/14/2023
DocuSign Envelope ID: ADFAEDCF-5ED4-4205-9B9B-9A2ED5CCC758 Task # Task Name
Starting
Budget
Budget
Available
Prior to this
Invoice
Amount
Posted This
Invoice Task Balance
% Budget
Remaining
1 Project Management and Bid Document Support $ 29,910.00 $ 19,997.50 $ 428.75 $ 19,568.75 65% $100,515.00 $ (28,417.83) $ 15,641.13 $ (44,058.96) -44% $ 10,525.92 10%
$ 195.92 0%
$ (20,361.58) -20%
3 Project Closeout $ 13,630.00 $ 13,630.00 $ 1,618.75 $ 12,011.25 88% 4 Warranty Period Assistance $ 7,850.00 $ 7,850.00 $ - $ 7,850.00 100% $151,905.00 $ 13,059.67 $ 17,688.63 $ (4,628.96) -3%
CE&G Tasks HRS RATE HRS RATE SUBTOTAL
2.00 $290.00 2.25 $245.00
1.50 $165.00 0.75 $160.00
3 As-built Comparison [GG, JL] 2.00 $165.00 4.00 $160.00 $970.00 Permit Closeout
Notice of Completion (BCDC/CDFW) [GG] 1.00 $165.00 $165.00 EcoAtlas Project Documentation (CRWB) [GG] 2.00 $165.00 $330.00 3 DFR Review and Document Control* 0.00 $0.00 0.00 $0.00 $0.00
0.00 $245.00 0.00 $160.00
0.00 $370.00 0.00 $75.00
0.00 $290.00 2.00 $245.00
12.00 $165.00 4.00 $160.00
0.00 $245.00 0.00 $160.00
0.00 $370.00 0.00 $75.00
0.00 $290.00 1.00 $245.00
6.00 $165.00 2.00 $160.00
* This task is remaning but will not be billed TOTAL CE&G $7,628.75 NCE Tasks DIRECT PLUS 10%
3 Post-Construction Eelgrass Survey $2,455.00 $2,700.50 3 Final Site Walk-through with Punch List $0.00 $0.00
3 Assist in Project Closeout Forms $0.00 $0.00
3 Prepare Final Construction Report $0.00 $0.00
4 Produce Warranty Period Construction Letter $0.00 $0.00 TOTAL NCE $2,700.50
$10,329.25
$4,628.96
$14,958.21
10%
$19,861.25
$10,329.25
48%
The purpose of the January 2023 flyover was to document eel grass conditions closer to the end of construction in the event that changes take place between now and the final eel grass assessment in April 2023. This task has been deleted.
This task has been deleted.
$0.00
3 Prepare Addendum to Final Report [DBB, GG, JL] $1,555.00 % OF ORIGINAL BUDGET
BUDGET DEFICIT FROM NOVEMBER BILLING
TOTAL REQUIRED ADDITIONAL FUNDS FOR COMPLETION
[see November invoice]
[see November invoice]
[see November invoice]
[see November invoice]
[see November invoice]
TOTAL CE&G + NCE
POINT EMERY CM SERVICES
CE&G BILLING SUMMARY FOR PERIOD ENDING ON: 30 November 2022 Totals
TASK ITEMS YET TO BE PERFORMED
Task 2 Balance on Day 25, 27 Sept:
Task 2 Balance on Day 29, 3 Oct:
Task 2 Balance on Day 40, 20 Oct:
2 Construction Management and Support
REMAINING BUDGET FOR TASKS 3 AND 4 AFTER NOVEMBER BILLING PROJECTED COSTS FOR TASKS TO BE BILLED AGAINST TASKS 3 AND 4 PROJECTED BUDGET REMAINING IN TASKS 3 AND 4
NOTE: CE&G FIELD LEVEL OF EFFORT IN THE ORIGINAL CONTRACT WAS BASED ON 25 WORKING DAYS. THE FUNDS REQUIRED TO COMPLETE THE NECESSARY CM TASK ITEMS ($22,209.21) APPROXIMATES THE DEFICIT FOR TASK 2 AT 40 DAYS ($20,361.58). ALTHOUGH THE ACTUAL NUMBER OF WORKING DAYS (50) WENT WELL BEYOND 25 DAYS AND THE 40 DAY ENVIRONMENTAL WINDOW, THE OTHER TASKS WERE ABLE TO SOMEWHAT MAKE UP FOR THE GROWING DEFICIT IN TASK 2. HOWEVER, AN OVERALL DEFICIT OF $15K STILL REMAINS, OR APPROXIMATELY 10% OF THE ORIGINAL BUDGET FOR WORK THAT WAS NEARLY TWICE AS LONG (50) TO COMPLETE IN THE FIELD COMPARED TO WHAT WAS BUDGETED (25). THE PROJECTED COSTS ANTICIPATED TO BE BILLED AGAINST TASKS 3 AND 4 APPEAR TO BE WITHIN BUDGET (89%). HOWEVER, THIS PROJECTED 11% BALANCE AND THE 65% BUDGET REMAINING IN TASK 1 WILL BE USED TO OFFSET THE DEFICIT IN TASK 2. 3 1-15 December Charges to Date $1,498.75
3 3
January 2023 UAS Flyover and Processing (End-ofConstruction Imaging) [JL, SL] $0.00 3 Final Construction Report [DBB, GG, JH, JL] $3,110.00 3 April 2023 UAS Flyover and Processing (Final
Eelgrass Imaging with NCE Survey) [JL, SL]
Exhibit A-1
DocuSign Envelope ID: 9E68A254-B05B-4014-A458-39BCDA62DCF5 DocuSign Envelope ID: ADFAEDCF-5ED4-4205-9B9B-9A2ED5CCC758