RESOLUTION NO. 24-121
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute The First Amendment Of The Professional Services Contract With West Coast Code Consultants For Building Division And Fire Prevention Plan Review Increasing The Contract Amount By $776,527.63 To An As Amended Total Contract Amount Not To Exceed $3,694,525.63 For Expanded Fire Plan Check Services, And Amending The Fiscal Year 2023-2024 Operating Budget To Increase Fire Plan Check Fee Revenue By $1,080,376.14 And Professional Services – Fire Plan Check Fee Expenditures By $776,527.63
WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 23-74 authorizing the execution of a Professional Services Contract with West Coast Code Consultants (WC³) to provide professional services in plan check, field inspections and project management for the Building Division for Fiscal Years 2023-2024 and 2024-2025 (“Contract”); and
WHEREAS, beginning in January 2024, the City’s Building Division assumed all fire prevention plan review from the Alameda County Fire Department (“ACFD”) due to ACFD’s inability to provide sufficient staff to conduct fire plan check services; and WHEREAS, the City received applications for building permits for several large projects requiring fire plan check review and collected corresponding fire plan check fees for these projects; and
WHEREAS, the City of Emeryville has determined that WC3 provides the specialized knowledge, skills, and training necessary to render the services contemplated hereunder; and
WHEREAS, amendment of the Contract with WC3 is necessary to accommodate the increased services required for fire plan check for these projects, now, therefore be it RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute the First Amendment of the Professional Services Contract with West Coast Code Consultants, Inc., in substantial form as attached to this resolution as Exhibit A, to provide fire plan check services, increasing the contract amount by $776,527.63 to an as amended total compensation amount not to exceed $3,694,525.63; and be it further RESOLVED, that the City Council of the City of Emeryville hereby authorizes amendment of the Fiscal Year 2023-2024 Operating Budget for Professional Services- Fire Plan Check Fees (account 3000-80480), increasing the amount by $776,527.63, and the Fiscal Year 2023-2024 Operating Budget for fire plan check fee revenue (account 3000-58410) by $1,080,376.14.
Docusign Envelope ID: 2F3FA127-8C26-4701-9890-935BDF0C00C7 Resolution No. 24-121
WC Contract First Amendment
City Council Meeting | October 1, 2024
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 1, 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
Exhibit A – Contract Amendment
Docusign Envelope ID: 2F3FA127-8C26-4701-9890-935BDF0C00C7 DocuSign Envelope ID: E5AA63F0-D763-416A-A26B-3AD3C6639CE3
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
FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of this , by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and WEST COAST CODE CONSULTANTS, 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 Professional Services Contract dated August 2, 2023 (“Contract”) for the purpose of retaining the services of Contractor to provide experienced Reviewers, Building Inspectors, Permit Technicians, and Plan Check engineers capable of handling the Building Division’s needs; and WHEREAS, effective January 1, 2024 the City increased the scope of its plan reviews to assume fire plan checking tasks from the Alameda County Fire Department, to address staffing shortages experienced by the Alameda County Fire Department; and WHEREAS, Contractor provided fire prevention plan review services to the City beginning January 1, 2024; 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
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.
Docusign Envelope ID: 1D5D3ADA-E7B5-47BC-B858-F8B7C59A0948 Docusign Envelope ID: 2F3FA127-8C26-4701-9890-935BDF0C00C7
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.
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 SEVENTY SIX
THOUSAND, FIVE HUNDRED TWENTY SEVEN AND SIXTY THREE
CENTS ($776,527.63) The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed THREE MILLION, SIX HUNDRED
AND NINETY FOUR THOUSAND, FIVE HUNDRED TWENTY FIVE
DOLLARS AND SIXTY THREE CENTS ($3,694,525.63)
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: 1D5D3ADA-E7B5-47BC-B858-F8B7C59A0948 Docusign Envelope ID: 2F3FA127-8C26-4701-9890-935BDF0C00C7 City of Emeryville | Professional Services Contract Amendment
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:
City Attorney
Dated: CITY OF EMERYVILLE
Adam Politzer, Interim City Manager
Dated: WEST COAST CODE CONSULTANTS, INC
(Signature)
Giyan Senaratne, Principal
Docusign Envelope ID: 1D5D3ADA-E7B5-47BC-B858-F8B7C59A0948 09/13/2024
Docusign Envelope ID: 2F3FA127-8C26-4701-9890-935BDF0C00C7