RESOLUTION NO. 23-52
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Third Amendment To The Contract With West Coast Code Consultants Inc. To Extend The Contract Expiration Date To June 30, 2024 And To Increase The Total Compensation Amount By $711,164 For A Total Not To Exceed Amount Of $1,611,164 For Public Works Department C3 Stormwater Regulation Plan Check And Inspection, Encroachment Permit Plan Check And Inspections, And Private Sewer Lateral Permit Inspections
WHEREAS, on July 9, 2019, the City Council approved a Professional Services contract in the amount of $900,000 to provide staff augmentation services related to Public Works Department inspection and plan checking needs; and
WHEREAS, on June 25, 2021, a First Amendment to the contract was executed, extending the contract expiration by twelve months to June 30, 2022 and, on June 30, 2022, a Second Amendment to the contract was executed, extending the contract expiration by an additional twelve months to June 30, 2023; and WHEREAS, the contract expiration, as amended by the Second Amendment, is approaching and the contract amount has been depleted and a Third Amendment to the contract is necessary to maintain services through the current and next fiscal years; and WHEREAS, in order to keep continuity of plan check and inspection services, it is recommended to extend the contract expiration to June 30, 2024 and increase the contract amount by $711,164 as indicated in the attached Exhibit A; and WHEREAS, funding to cover the services is appropriated with the various CIP projects; and
WHEREAS, funding for encroachment permit inspections, private sewer lateral permit inspections, private development inspections and plan checking, and C3 stormwater inspections and plan checking are paid on a cost recovery basis and will not impact the Public Works Department’s operating budget; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville to authorize the City Manager to enter into the attached Third Amendment to the Contract with West Coast Code Consultants, Inc. to extend the expiration date to June 30, 2024 and to increase the total compensation amount by $711,164 for a total not to exceed amount of $1,611,164 for Public Works Department C3 Stormwater Regulation Plan Check and Inspection, Encroachment Permit Plan Check and Inspections, and Private Sewer Lateral Permit Inspections.
DocuSign Envelope ID: 9B55BBB0-4885-425C-BA48-9183B4BA83B1 Resolution No. 23-52
Contract Third Amend, WC3 – Plan Check and Inspections
City Council Meeting | May 2, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, May 2, 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
DocuSign Envelope ID: 9B55BBB0-4885-425C-BA48-9183B4BA83B1
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
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 (“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 23, 2019 (“Contract”) for the purpose of retaining the services of Contractor to provide C3 stormwater regulation plan check and inspection services, plan review and construction inspection services of capital improvement projects, plan review and inspection services for public improvements by private developers, and Public Works Department encroachment permit and private sewer lateral permit inspection services; and
WHEREAS, a First Amendment to the contract extended the termination date to June 30, 2022, and a Second Amendment extended the termination date to June 30, 2023; 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-3, attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: DAF0D280-D036-42F6-98AB-19E46E0966A7 DocuSign Envelope ID: 9B55BBB0-4885-425C-BA48-9183B4BA83B1 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 JUNE 30, 2024.
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 SEVEN HUNDRED ELEVEN
THOUSAND ONE HUNDRED SIXTY FOUR DOLLARS AND NO CENTS
($711,164.00). 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 SIX HUNDRED
ELEVEN THOUSAND ONE HUNDRED SIXTY FOUR DOLLARS AND
NO CENTS ($1,611,164.00).
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.
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: DAF0D280-D036-42F6-98AB-19E46E0966A7 DocuSign Envelope ID: 9B55BBB0-4885-425C-BA48-9183B4BA83B1 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
City Manager
Dated: WEST COAST CODE CONSULTANTS
(Signature)
GIYAN SENARATNE, Principal/CEO
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: DAF0D280-D036-42F6-98AB-19E46E0966A7 04/17/2023
DocuSign Envelope ID: 9B55BBB0-4885-425C-BA48-9183B4BA83B1 EXHIBIT A Level of Effort Estimate Summary WC3
FY 22-23 $179,834
FY 23-24 $531,330
TOTAL $711,164
WC3, Engin
Plan Reviewer
WC3, Sr. Civil
Engineer
WC3,
Project
Manager
PW Inspector
Hourly Rate $ 155 $ 206 $ 216 $ 184
Public Works Inspections 65 10 1880 $ 358,155
Encroachment Permits
BMR, Sherwin Williams, Utilities, Misc.
PSL Permits 10 4 200 $ 39,214.00
C3 Stormwater
Plan Reviews 10 80 5 $ 19,110
C3 Inspections 2 120 $ 22,390
Plan Reviews
Improvement Plans 2 80 20 $ 21,110
Subdivisions 40 80 $ 23,480
Total Hours 129 160 119 2200
Amount $ 19,995 $ 32,960 $ 25,704 $ 404,800 $ 483,459
Subtotal $ 483,459
10% Contingency $ 48,346
Total $ 531,805
WC3, Engin
Plan Reviewer
WC3, Sr. Civil
Engineer
WC3,
Project
Manager
PW Inspector
Hourly Rate $ 150 $ 200 $ 210 $ 179
Public Works Inspections 20 4 540 $ 100,230
Encroachment Permits Encroachment Permits
BMR, Sherwin Williams, Utilities, Misc.
PSL Permits 4 40 $ 7,740
C3 Stormwater
Plan Reviews 3 60 3 $ 13,080
C3 Inspections 110 $ 19,635
Plan Reviews
Improvement Plans 60 $ 12,000
Subdivisions 30 30 $ 10,800
Total Hours 57 120 37 690
Amount $ 8,550 $ 24,000 $ 7,770 $ 123,165 $ 164,389
Subtotal $ 163,485
10% Contingency $ 16,349
Total $ 179,834
EXHIBIT A: WEST COAST CODE CONULSTANTS
PROPOSED BUDGET PUBLIC
WORKS INSPECTIONS, AND PLAN REVIEWS
FY 23/24
NTE Fee
EXHIBIT A: WEST COAST CODE CONULSTANTS
PROPOSED BUDGET PUBLIC
WORKS INSPECTIONS, AND PLAN REVIEWS
FY 22/23 (March 23-June 23)
NTE Fee
Exhibit A-3
DocuSign Envelope ID: DAF0D280-D036-42F6-98AB-19E46E0966A7 DocuSign Envelope ID: 9B55BBB0-4885-425C-BA48-9183B4BA83B1