RESOLUTION NO. 24-04
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A First Amendment To The Contract With Bay Cities Paving And Grading, Inc. In The Amount Of $1,850,000.00 For A Total Not To Exceed Amount Of $4,119,819.11; Appropriating $600,000.00 From Fund 242 Into CIP No. 19475008; CEQA Determination: Exempt Pursuant To 15301(c) WHEREAS, the Capital Improvement Program adopted by the City Council in June 2019 includes a project titled, ‘Quiet Zone Safety Engineering Measures’ (the “Project”), CIP No. 19475008; and
WHEREAS, on May 18, 2021, the Emeryville City Council approved the Project’s scope of work and authorized public bidding of the project once the plans and specifications were approved by the City Engineer (Resolution No. 21-44); and WHEREAS, on February 15, 2022, the City Council authorized the construction of the TCEP – Quiet Zone Safety Engineering Measures, Project No. EPW-18103 (CIP No. 19475008) by awarding a $2,269,819.11 Construction Contract to Bay Cities Paving and Grading, Inc (“BCPG”) which was approximately $550,000 (19.5%) below the Engineer’s Estimate of $2,820,000, and granted the City Manager a contingency amount for possible additional costs up to $454,000; and
WHEREAS, the Project broke ground in June 2022, but has faced significant challenges beyond the control of the City of Emeryville, primarily due to persistent delays in collaboration with Union Pacific Railroad (“UPRR”); and WHEREAS, construction of the Project is now expected to be completed in early 2024, but still requires more coordination and scheduling of work to be performed by BCPG and UPRR through March 2024; and
WHEREAS, the delays, combined with unforeseen conditions, third-party costs, and opportunistic additions have used up the Project’s contingency budget and additional funds will be necessary to complete the Project; and
WHEREAS, City staff proposes appropriating $600,000 in unallocated dollars from Fund 242 into the Project (CIP No. 19475008) in order to provide adequate funding in the Project; and
WHEREAS, funding for the construction phase of this Project is available under CIP project number 19475008 with the following funds identified and proposed:
Project Fund Budget
19475008 254 – CMA TIP Reprogramming Grant $1,379,886
19475008 254 – ACTC TCEP Match Grant $1,800,000
19475008 254 – SB1 TCEP Grant $4,200,000
19475008 250 – Traffic Impact Fees $500,000
19475008 444 – 1999 Bonds $105,910
DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 Resolution No. 24-04
Bay Cities Paving & Grading 1st Amendment Contract - Quiet Zone Project City Council Meeting | January 16, 2024
19475008 471 – Ped Path $180,000
19475008 475 – Gen Cap $708,870
EXISTING TOTAL $8,874,666
19475008 (NEW) 242 – Measure BB Local Streets/Roads $600,000 NEW TOTAL $9,474,666
; and
WHEREAS, there will be adequate funding encumbered into the Project as shown above to fully fund the construction of the TCEP – Quiet Zone Safety Engineering Measures Project; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to enter into a First Amendment to the contract with Bay Cities Paving and Grading, Inc. in the amount of $1,850,000.00 for a total not to exceed amount of $4,119,819.11; and, be it further
RESOLVED, by the City Council of the City of Emeryville that it hereby authorizes an appropriation of $600,000.00 From Fund 242 Into CIP No. 19475008; and, be it further RESOLVED, by the City Council of the City of Emeryville that said Project is determined to be exempt under categorical exemption Class 1 Existing Facilities, State CEQA Guidelines Section 15301(c).
DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 Resolution No. 24-04
Bay Cities Paving & Grading 1st Amendment Contract - Quiet Zone Project City Council Meeting | January 16, 2024
ADOPTED, by the City Council of the City of Emeryville at a special meeting held Tuesday, January 16, 2024, by the following vote:
AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Construction Contract – 1st Amendment (Bay Cities Paving and Grading, Inc.) DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 City of Emeryville
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
FIRST 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 BAY CITIES GRADING AND PAVING, 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 Construction Contract dated April 13, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide construction services for the TCEP – Quiet Zone Safety Engineering Measures Project, Project No. EPW-18103, CIP No. 19475008; 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-Revision Number, 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 NEW END DATE.
DocuSign Envelope ID: 4805F9B0-7882-459D-AABA-DB80D66E6AAB DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 City of Emeryville | Construction Contract Amendment
REV 02/2020
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 ONE MILLION, EIGHT HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($1,850,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed FOUR MILLION, ONE HUNDRED NINETEEN THOUSAND,
EIGHT HUNDRED NINETEEN DOLLARS AND ELEVEN CENTS
($4,119,819.11).
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: 4805F9B0-7882-459D-AABA-DB80D66E6AAB DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957 City of Emeryville | Construction Contract Amendment
REV 02/2020
6. SIGNATURE PAGE TO CONSTRUCTION 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: BAY CITIES PAVING AND GRADING, INC.
(Signature)
Benjamin L. Rodriguez, Jr. / President
DocuSign Envelope ID: 4805F9B0-7882-459D-AABA-DB80D66E6AAB 01/03/2024
DocuSign Envelope ID: 97F33074-ECCB-460C-B027-87980EEAB957