C A L I F O R N I A
PROFESSIONAL SERVICES CONTRACT
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV02/ 2024
FIRST AMENDMENT
THIS FIRST 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 MNS ENGINEERS 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 January 2, 2024 (“Contract”) for the purpose of retaining the services of Contractor to provide On Call Construction Management, Engineering Design, and City Engineer Support Services; and
WHEREAS, an acceleration of capital improvement projects and private development work in the public right of way has depleted the original contract value at a faster rate than originally estimated and a contract amendment is necessary to provide for continity and availability of on-call construction management services; and WHEREAS, a contract amendment increasing the contract amount is required for additional on-call design services to deliver design changes to the 2024 Sustainable Streetscapes Paving Project, construction documents for the 2025 Sustainable Streetscapes Paving Project, and the Doyle Street-Phase 3 Project whose grant funding is time sensitive; 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;
Docusign Envelope ID: 347F2E0E- EF32-4CDB- A7C6- 76906FFDE797 A23- 165 N/
A24044E- 0123-PW01 N/
08/16/2024
City of Emeryville | Professional Services Contract Amendment REV02/ 2024
OR
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
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 NINE HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS ($950,000.00). The total
amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed TWO MILLION DOLLARS AND NO CENTS ($2,000,000.00).
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
Docusign Envelope ID: 347F2E0E- EF32-4CDB- A7C6- 76906FFDE797 City of Emeryville | Professional Services Contract Amendment REV02/ 2024
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
Paul Buddenhagen, City Manager
Dated: MNS ENGINGEERS INC
Signature)
Shawn Kowalewski, Vice President
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
Docusign Envelope ID: 347F2E0E- EF32-4CDB- A7C6- 76906FFDE797 08/14/2024
08/16/2024
Task and Contract Staus Through June Time
Project Name MNS PN Status
Original
A)
Adjustments
B)
Revised
C=A+B)
Billed JTD
thru Jun
D)
Remaining
E=C-D) Notes
Shellmound 62nd- 65th Cl-IV CIEME. 230597. 01 Closed $ 16,000 $ 19,263 $ 35,263 $ 35,263 $ 0 Bay St Cycle Track CIEME. 230597. 03 Closed $ 63,995 -$ 23,905 $ 40,090 $ 40,091 $ 0 BMR Offsite Imp CIEME. 230597. 04 Active $ 63,806 $ 117, 000 $ 180, 806 $ 67,173 $ 113, 634 120hrs/ mo through Nov Sherwin Williams Traf. Calm. CIEME. 230597. 05 Active $ 63,995 $ 63,995 $ 45,986 $ 18,009 CIP Sewer Spot Rprs FY22/ 23 CIEME. 230597. 06 Active $ 92,124 $ 60,000 $ 152, 124 $ 141, 112 $ 11,012 60hrs to closeout Hollis St Transit and Ped Imp CIEME. 230597. 07 Active $ 233, 450 $ 330, 000 $ 563, 450 $ 223, 959 $ 339, 491 Subcon GPR utils; more
extensive tech scope/ grading;
support City mtgs; July is $198k
899hrs) of the $ 330k adj
Marina Lighting CIEME. 230597. 08 Active $ 174, 925 $ 160, 000 $ 334, 925 $ 174, 809 $ 160, 116 Sustainable Streetscape 2024 CIEME. 230597. 09 Active $ 227, 036 $ 227, 036 $ 11,404 $ 215, 632 Shellmound- Temescal Crk Brdg CIEME. 230597. 10 Closed $ 10,000 $ 7 $ 10,007 $ 10,007 $ 0 945, 332 $ 662, 365 $ 1,607, 697 $ 749, 803 $ 857, 894
Contract Limit $ 1,050, 000
Contract Limit Exceedence ($ 557, 697)
Estimated Future Design Services $ 392, 303
Contract Amendment Amount $ 950, 000
Task Budget
1DocusignExhibit A- Envelope ID: 347F2E0E- EF32-4CDB- A7C6- 76906FFDE797