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
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV01/2025
SECOND AMENDMENT
THIS SECOND 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”.
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 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, the City and Contract entered into a first amendment of the Contract on August 16, 2024 for the purposes of increasing the contract amount; and WHEREAS, an acceleration of capital improvement projects and private development work in the public right of way has depleted the first amendment contract value at a faster rate than originally estimated and another contract amendment is necessary to provide for continity and availability of on-call design and construction management services; and
WHEREAS, a contract amendment increasing the contract amount is required for additional on-call design services to deliver design and construction management for the 2025 Sustainable Streetscapes Paving Project Paving Project, Doyle Street - Phase 3 Project, and Mclaughlin Eastshore Park Project; 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:
Docusign Envelope ID: 82E06F3F-FC81-49C9-8569-AAE8626B5CFC City of Emeryville | Professional Services Contract Amendment REV01/2025
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-2, 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 ONE MILLION THREE HUNDRED
THIRTY NINE THOUSAND FIVE HUNDRED DOLLARS AND NO
CENTS ($1,339,500.00). 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 THREE
HUNDRED THIRTY NINE THOUSAND FIVE HUNDRED DOLLARS AND
NO CENTS ($3,339,500.00).
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.
Docusign Envelope ID: 82E06F3F-FC81-49C9-8569-AAE8626B5CFC City of Emeryville | Professional Services Contract Amendment REV01/2025
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: 82E06F3F-FC81-49C9-8569-AAE8626B5CFC City of Emeryville | Professional Services Contract Amendment REV01/2025
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
SECOND 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
LaTanya Bellow, City Manager
Dated: MNS ENGINEERS, INC.
(Signature)
Shawn Kowalewski, Vice President
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
Docusign Envelope ID: 82E06F3F-FC81-49C9-8569-AAE8626B5CFC 02/14/2025