1F City of Emeryville
PROFESSIONAL SERVICES CONTRACT
FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT Amendment") is effective as of this 1st day of July , 2019, 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."
WITNESSETH THAT
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 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 -
OR
x 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
x 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, 2020. f ti i 5 ! J- 77( 7. id.
Contract No. 19065- 0117- PW01 CIP No.
Resolution No. I 19- 96 Project No.
N/ A
N/ A
REV012019
Attachment A-2
City of Emeryville I Professional Services Contract Amendment REV01/ 2019
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 FIFTY THOUSAND DOLLARS AND NO CENTS 50, 000). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO HUNDRED NINETY- FIVE THOUSAND FIVE HUNDRED AND FORTY- EIGHT DOLLARS AND NO CENTS ($ 295, 548. 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
City of Emeryville I Professional Services Contract Amendment REV01/ 2019
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:
For City Attorney
Dated:
j` ak ZvZ i , 2019
Dated:
J U\ L 2-4 , 2019
CITY OF EMERYVILLE
Christine S. Daniel, City Manager
COAS
John V
LAND CIVJL ENGINEERING, INC.
rrff ll VU/) Wes'
ger, CEO
Signature)
EXHIBIT A- 1
COASTLAND ENGINEERING SERVICES
SCOPE OF SERVICES and SCHEDULE OF HOURLY RATES
CITY ENGINEERING SERVICES
A. Administrative Duties
1. As a City Official, provide services on an as -needed basis to handle City Engineering matters.
2. When directed, attend City Council, Planning Commission, and other Committee meetings.
3. Establish working relationships and coordination with other public agencies, County Departments and private utilities involving engineering matters affecting CITY.
4. When directed, attend staff level meetings with the City staff, public officials, community leaders, developers, contractors and the general public.
5. When directed, review and comment on planning programs and land development controls.
6. When directed, recommend regulations and ordinances pertaining to engineering matters.
7. When directed, supervise the accounting of State Highway Users Funds from the standpoint of meeting State requirements for the expenditure of such funds.
8. When directed, provide technical advice to City personnel assigned to public works activities.
9. Upon CITY's request, advise the CITY as to engineering and construction financing available from other governmental agencies and when so directed, prepare and initiate application for such funding.
10. When directed, analyze the CITY' s needs, and prepare and administer long and short-range programs consistent with the economic capabilities of CITY.
11. As the City Engineer, provide on an as -needed basis handle general public works permits and other engineering related matters at the public counter.
B. Development -related Senfices
1. Perform the statutory functions of City Engineer pertaining to the review and checking of land divisions.
2. Review tentative maps and other submittals for land divisions for proposed developments and make recommendations as to engineering matters.
3. Check all improvement plans for facilities under the jurisdiction of CITY.
4. Establish performance, tabor and material bond amounts, when required, and require the posting of such securities and other development fees within the proper time sequence of such development review.
5. When directed, provide construction observation services as the City Engineer during the construction of development related improvements by private developers ( grading, street, storm drain, sewer and other related improvements) and at the proper time, recommend notices of completion and, acceptance of the work.
6. Provide such necessary and related functions as are the normal practice of CITY in the City Engineering review of private developments.
C. Public Works Permits and Inspection
1. As a City Engineer, receive and process public works permit applications.
2. As a City Engineer, when directed, provide construction observation of permit work within CITY streets and rights -of -way.
3. Check plans and specifications and, when directed, provide construction administration, construction management and observation services for CITY projects designed by others.
D. Capital Projects
From time to time, the CITY may have the need for ENGINEER to perform work for CITY projects not covered by the scope of services described herein. Accordingly, when requested, ENGINEER shall provide a separate scope of work, time line and estimated fee for completion of said work. Written approval shall be received prior to starting on any project -related work. Scopes of work for capital projects may include, but not be limited to the following:
1. Prepare plans and specifications for CiTY projects.
2. Provide design survey; real property engineering services; and construction administration and observation for CiTY projects.
3. Provide special engineering reports regarding such matters as annexations, developer impact fees, studies, master plans, etc.
4. Coordinate with utility companies in the relocation of affected utilities.
5. Process the plans and specifications through other agencies for review and approval in connection with special funding programs and permits when required.
For projects that the CITY wishes to have designed by outside consultants, as directed, ENGINEER shall assist the CITY in preparing requests for proposals to retain consultants to provide design services and shall oversee said design on behalf of the City.
E. Construction Management Services
When requested, provide construction management/observation services for CITY - sponsored capital projects. This work will include management of the project from award of the construction contract through project completion including but not limited to conducting pre -construction meetings, reviewing project schedules, providing construction observation on a daily basis, maintaining daily diaries, arranging and coordination of materials testing, preparation, evaluation and negotiation of change orders, review of submittals and billings, assist in processing pay requests, review of prevailing wage rate information, generating punch lists, etc. Alt fees associated with providing construction management services to the CiTY will be negotiated on a project -by -project basis due to the various magnitudes and lengths of the individual projects.
II. OTHER MISCELLANEOUS CITY SERVICES
CITY may from time -to -time have the need for other services not specifically listed in this agreement for which ENGINEER has the necessary experience and capabilities. CITY may authorize ENGINEER to perform such selected services on an as -needed basis. CITY reserves the right to select other consultants for special projects as need and approved by City Council.
III. FACILITIES AND RECORDS
CITY shall provide reasonable and appropriate offices for conducting the duties set forth in this Agreement. ENGINEER shall assemble and maintain in these offices such records as are customarily maintained by a CITY in carrying out the duties covered herein. Such records are and at all times shall be the property of the CITY. ENGINEER shall maintain time records for meetings, projects and work hours. ENGINEER shall assemble these records in an orderly fashion and store same, for at least three years or as otherwise required by law or CITY poicy so that they may be reasonably available to the public or to the officials of CITY as required.
SCHEDULE OF HOURLY RATES
July 01, 2019 through June 30, 2020
PROFESSIONAL SERVICES
Principal Engineer $ 200- 220/ hour
Supervising Engineer $ 170- 200/ hour
Senior Engineer $ 155- 180/ hour
Associate Engineer $ 140- 155/ hour
Assistant Engineer $ 125- 140/ hour
Junior Engineer $ 115- 130/ hour
Engineering Assistant $ 120- 150/ hour
Senior Engineering Technician $ 140- 160/ hour
Engineering Technician $ 120- 140/ hour
Engineering Aide $ 95- 115/ hour
Resident Engineer $ 155- 180/ hour
Construction Manager $ 160- 180/ hour
Construction Inspector* $ 130- 165/ hour
Construction Administrator $ 85- 95/ hour
Building Plan Check Engineer/Architect $ 140- 175/ hour Building Official and/ or CASp $ 150- 180/ hour
Supervising Building Inspector $ 150- 170/ hour
Senior Building Inspector $ 120- 145/ hour
Building Inspector ( I & II) $ 95- 125/ hour
Senior Plans Examiner $ 125- 140/ hour
Plans Examiner ( I & II) $ 105- 120/ hour
Supervising Permit Technician $ 115- 130/ hour
Senior Permit Technician $ 95- 115/hour
Permit Technician ( I & 1I) $ 85- 95/ hour
Administrative $ 85- 95/ hour
VEHICLE $ 15- 20/ hour
MILEAGE $ 0. 68/ mile**
OUTSIDE SERVICES Cost + 15%
MATERIALS Cost + 15%
Computer time is included in the hourly rates used above.
When applicable, mileage or vehicle rates will be charged, but not both.
Includes services subject to prevailing wage rates.
Rev. 06/ 10/ 19
7IF City of Emeryville
EXHIBIT B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to COASTLAND CIVIL ENGINEERING, INC.
1. MINIMUM REQUIREMENTS
Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work or Services required by the Contract hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage, as checked below:
1. 1 Minimum Scope of Insurance
Coverage shall be at least as broad as the latest version of the following:
CZ General Liability
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 00 01).
Automobile Liability
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 ( any auto) or if Contractor owns no vehicles, this requirement maybe met through a non -owned auto endorsement to the General Liability Policy.
Professional Liability / Errors and Omissions
Written on a policy form specifically designed to protect against acts, errors or omissions of the Contractor wherein " Covered Professional Services" as designated in the policy must specifically include Services performed under this Contract.
Workers' Compensation and Employer' s Liability
Workers' Compensation insurance as required by the State of California and Employer' s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
Pollution Liability Insurance
Pollution Liability insurance for claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon land, any structure, the atmosphere, watercourse or body of water, including groundwater. This shall
City of Emeryville ( Contract Insurance Requirements ( Exhibit B) REV12/ 2018
include on and off -site clean up and emergency response costs and claims arising from above ground and below ground storage tanks.
1. 2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability (All Contract Types)
1, 000, 000. 00 per occurrence and $ 2, 000,000. 00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability.
O General Liability ( Construction Specific)
2, 000, 000. 00 per occurrence and $ 4, 000, 000. 00 aggregate for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and coverage for explosion, collapse and underground property damage hazards.
Automobile Liability
2, 000, 000. 00 per accident for bodily injury and property damage.
Professional Liability / Errors and Omissions
2, 000, 000.00 per claim and aggregate.
Workers' Compensation and Employer' s Liability
Workers' compensation limits as required by the Labor Code of the State of California. Employer' s Liability limits of $1, 000,000. 00 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease.
Pollution Liability Insurance
2,000,000.00 per occurrence and $ 2, 000, 000. 00 aggregate.
Except for the professional liability / errors and omissions policy, defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the Parties required to be named as additional insureds pursuant to this Contract.
2. INSURANCE ENDORSEMENTS
The insurance policies shall contain the following provisions, if checked, or Contractor shall provide endorsements ( amendments) on forms supplied or approved by the City to add the following provisions, if checked, to the insurance policies:
General Liability
1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 or CG20 37, or endorsements providing the exact same coverage, with
City of Emeryville I Contract Insurance Requirements ( Exhibit B) REV12/ 2018
respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; 2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and ( 3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor' s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor' s insurance and shall not be called upon to contribute with it.
Automobile Liability
1) Such policy shall provide the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; ( 2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and ( 3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor' s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor' s insurance and shall not be called upon to contribute with it in any way.
Professional Liability Coverage
Any policy inception date, continuity date, or retroactive date must be before the effective date of this Contract and Contractor agrees to maintain continuous coverage through a period no less than three years after termination of the Contract.
4 Workers' Compensation and Employer' s Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
El Pollution Liability Coverage
1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to claims arising from the discharge, dispersal release or escape or any irritant or contaminant into or upon
City of Emeryville I Contract Insurance Requirements ( Exhibit B) REV12/ 2018
land, any structure, the atmosphere, watercourse or body of water, including groundwater; ( 2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and ( 3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor' s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it in any way.
ALL COVERAGES
Each insurance policy required by this Contract shall be endorsed to state that: ( 1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and ( 2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3. SEPARATION OF INSUREDS; NO SPECIAL LIMITATIONS
All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
4. DEDUCTIBLES AND SELF- INSURANCE RETENTIONS
Any deductibles or self -insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the optioMt of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A. M. Best' s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
6. VERIFICATION OF COVERAGE
Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The
City of Emeryville ( Contract Insurance Requirements ( Exhibit B) REV12/ 2018
certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
7. SUBCONTRACTORS
All subcontractors shall meet the requirements of this Section before commencing any work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
8. REPORTING OF CLAIMS
Contractor shall report to the City, in addition to Contractor' s insurer, any and all insurance claims submitted by Contractor in connection with the work performed under this Contract.