RESOLUTION NO. 23-65
Resolution Of The City Council Of The City of Emeryville Accepting The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 16475021), As Complete And Authorizing The City Engineer To File A Notice Of Completion With The Alameda County Clerk And Authorizing The City Manager To Enter Into A Second Amendment To The Contract With Brannon Corporation, Inc. To Increase The Total Compensation Amount By $3,535 For A Total Not To Exceed Amount Of $877,574 For The Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 16475021)
WHEREAS, on April 5, 2022, the City Council authorized the City Manager to enter into a contract with Brannon Corporation to construct the project for an amount not to exceed of $820,800 for the construction of improvements related to the Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 16475021); and WHEREAS, on December 20, 2022, the City Council authorized the City Manager to enter into a First Amendment with Brannon Corporation to increase the contract amount by $53,239 for a total contract amount not to exceed $874,039; and WHEREAS, as required by the BCDC permit authorizing the project work, a post construction eelgrass condition survey was performed on May 8, 2023, which revealed that no damage to eelgrass occurred during the construction work at Point Emery; and WHEREAS, the work of protecting Point Emery with rip-rap is now complete and the project is ready for acceptance by the City Council; and WHEREAS, once the project is accepted and the City Engineer authorized, the Public Works Department must file a Notice of Completion with the Alameda County Clerk; and WHEREAS, in order to make full payment to Brannon Corporation for the extra work related the installation of new bollards, hydroseeding, and a concrete bike rack pad, a Second Contract Amendment to increase the contract amount by $3,535, for a total contract amount not to exceed $877,574, is necessary; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville to accept the Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 16475021), as complete and authorizing the City Engineer to file a Notice Of Completion with the Alameda County Clerk; and, be it, further
RESOLVED, that the City Manager is authorized to enter into a Second Contract Amendment with Brannon Corporation, Inc. to increase the contract amount by $3,535, for a total not to exceed amount of $877,574, for the Point Emery Shoreline Protection Project, Project No. EPW-18101 (CIP No. 16475021).
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 Resolution No. 23-65
Point Emery Project Acceptance – Brannon 2nd Amend
City Council Meeting | June 6, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 6, 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: 6122E748-7427-4A5A-ACA8-A5F3922A48B1
C A L I F O R N I A
C O N S T R U C T I O N 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 02/2020
SECOND AMENDMENT
THIS FIRST AMENDMENT TO THE CONSTRUCTION CONTRACT (“Amendment”) is effective as of _______________ by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and BRANNON CORPORATION (“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 Construction Contract dated June 17, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide construction of the Point Emery Shoreline Protection Project, Proj. No.18101, CIP No. 16475021; and
WHEREAS, the City and Contractor entered into a First Amendment of the Contract on February 7, 2023 for the purpose of increasing the contract amount and extending the termination of the contract; 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-2, attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: EA5CDB9B-41A5-4D43-B22F-75B248DBB7FB DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Construction Contract Amendment
REV 02/2020
1.2 Termination Date
The Parties desire to extend the termination date. Section 2 of the Contract is hereby amended to extend the termination date to OCTOBER 1, 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 THREE THOUSAND FIVE HUNDRED THIRTY FIVE DOLLARS AND NO CENTS ($3,535.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed EIGHT HUNDRED AND SEVENTY SEVEN THOUSAND AND
FIVE HUNDRED SEVENTY FOUR DOLLARS AND SEVENTY CENTS
($877,574.70).
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: EA5CDB9B-41A5-4D43-B22F-75B248DBB7FB DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Construction Contract Amendment
REV 02/2020
6. SIGNATURE PAGE TO CONSTRUCTION CONTRACT
SECOND 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: BRANNON CORPORATION
(Signature)
Paul Brannon, Owner
DocuSign Envelope ID: EA5CDB9B-41A5-4D43-B22F-75B248DBB7FB 05/05/2023
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 EXHIBIT A-2
SECOND AMENDMENT BRANNON CORPORATION INCREASE IN CONTRACT AMOUNT In order to pay for extra work as directed it is necessary to increase the contract amount by $3535.
Furnish and install bollards, bike rack pad and hydroseeding: $18,931.00 Remaining contract amount: $15,396.00
Contract increase necessary: $3535.00
DocuSign Envelope ID: EA5CDB9B-41A5-4D43-B22F-75B248DBB7FB DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1