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Attachment A-5 Professional Services Contract - 4th Amendment

Emeryville City Council
September 5, 2023

Document
Attachment A-5 Professional Services Contract - 4th Amendment
Meeting
September 5, 2023
Body
Emeryville City Council
Pages
3
Original file
1.7 MB
Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

CALIFORNIA

PROFESSIONAL SERVICES CONTRACT

FOR CITY USE ONLY
Contract No. CIP No.

Resolution No. Project No.

REV 06/ 2020

FOURTH AMENDMENT

THIS FOURTH 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”.

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 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 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
1 Attachment A-5
City of Emeryville | Professional Services Contract Amendment REV 06/ 2020

Page 2 of 3 ends

Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-4, 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 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 FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($45,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed NINE HUNDRED

EIGHTEEN THOUSAND ONE HUNDRED FORTY EIGHT DOLLARS
AND NO CENTS ($918,148.00).

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 | Professional Services Contract Amendment REV 06/ 2020

Page 3 of 3 ends

6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT

FOURTH 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
Rev. 06/06/22

SCHEDULE OF HOURLY RATES
July 01, 2022, through June 30, 2023
PROFESSIONAL SERVICES 2022-2023
Principal Engineer $ 220 - $ 240/hour
Supervising Engineer $ 190 - $ 215/hour
Senior Engineer $ 175 - $ 190/hour
Associate Engineer $ 160 - $ 175/hour
Assistant Engineer $ 140 - $ 160/hour
Junior Engineer $ 130 - $ 140/hour
Senior Engineering Technician $ 150 - $ 170/hour
Engineering Technician $ 135 - $ 150/hour
Engineering Aide $ 110 - $ 130/hour
Resident Engineer $ 170 - $ 190/hour
Construction Manager $ 155 - $ 190/hour
Assistant Construction Manager $ 140 - $ 160/hour
Construction Inspector* $ 145 - $ 175/hour
Construction Administrator $ 100 - $ 110/hour
Building Plan Check Engineer/ Architect $ 160 - $ 190/hour Building Official and/or CASp $ 160 - $ 190/hour
Supervising Building Inspector $ 165 - $ 180/hour
Senior Building Inspector $ 135 - $ 160/hour
Building Inspector ( I & II) $ 115 - $ 135/hour
Supervising Plans Examiner $ 160 - $ 180/hour
Senior Plans Examiner $ 135 - $ 160/hour
Plans Examiner ( I & II) $ 105 - $ 135/hour
Supervising Permit Technician $ 135 - $ 145/hour
Senior Permit Technician $ 115 - $ 135/hour
Permit Technician ( I & II) $ 100 - $ 120/hour
Administrative $ 100 - $ 110/hour
VEHICLE $ 15 - 20/hour
MILEAGE $ 0.68/mile
OUTSIDE SERVICES Cost + 15%
MATERIALS Cost + 15%
When applicable, mileage or vehicle rates will be charged, but not both.

Includes services subject to prevailing wage rates.
4DocuSignExhibit AEnvelope ID: 28AFF48A- E057-44BB-B2AF- 6ED9AA21D9E3

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