Contract Amendment Exhibit A
Summary: Additional Charges Beyond Contract Capacity
1. Itemized Invoice Summary
Invoice # Date Amount Description
1323 3/21/2025 $3,290.38 Time & Materials for HVAC and mechanical repairs across multiple city facilities
2013 5/21/2025 $5,578.94 Overtime labor, fuel/car wash, LED bulb purchases, and fire alarm monitoring
2104 5/28/2025 $26,395.89 Fixed monthly contract billing (May 2025) 2463 6/25/2025 $5,358.69 May 2025 overtime labor and fuel expenses 2513 6/27/2025 $26,395.89 Fixed monthly contract billing (June 2025) 2654 7/7/2025 $3,913.68 Roof leak repairs
2655 7/7/2025 $13,906.20 Pest control services from Dec 2024 to May 2025
2804 7/24/2025 $3,663.00 Air handler condenser repair at Fire Station 35 2867 7/25/2025 $10,890.34 June 2025 materials, fuel, and vacation payout
3140 8/30/2025 $12,879.90 HVAC repairs, parts, and subcontractor labor Total Additional Charges Outside Contract Capacity: $112,272.91 Contingency for Unaccounted Incurred Invoices: $ 17,272.00 Total Contract Amendment: $ 130,000.00
Docusign Envelope ID: EE967057-8DCE-4450-8E6C-4AEE722B70D9
2. Supporting Documents (included in invoices)
Invoice 1323:
• Subcontractor invoices from Legacy Mechanical & Energy Services, Inc. for:
• HVAC investigation and repairs at Fire Stations 34 & 35, Maintenance Division, and Child Development Center.
• Includes labor breakdown, truck charges, and before/after photos.
Invoice 2013:
• Brady Industries invoices for LED bulbs and lighting kits. • Bay Cities Pyrotector invoice for quarterly fire alarm monitoring and emergency service.
• WEX fuel report for vehicle usage.
• Timecard records for Eric Rivera showing billable overtime hours.
Invoice 2463:
• Timecard records for Eric Rivera showing:
• 21.5 hours of billable overtime
• 4 hours of double time
• Emergency callouts (e.g., sump pump repair, HVAC troubleshooting) • Fuel report from WEX showing $340.41 in fuel and vehicle service charges.
Invoice 2654:
• Subcontractor invoices from Western Roofing Services:
• Leak investigation and repairs at Senior Center and Police Station. • Includes labor, truck fees, materials (sealants, duct tape, visquine plastic), and trash/refuge fees.
• Detailed breakdown of work performed on 11/01/2024, 11/25/2024, and 12/26/2024.
Invoice 2655:
• Subcontractor invoices from Crane Pest Control for monthly services at seven City of Emeryville facilities:
Docusign Envelope ID: EE967057-8DCE-4450-8E6C-4AEE722B70D9 • 5890 Christie Ave
• 4321 Salem St
• 1220 53rd St
• 2449 Powell St
• 6303 Hollis St
• 2333 Powell St
• 1333 Park Ave
• Each monthly invoice includes itemized charges per location, with consistent service fees of $2,107.00 per month.
Invoice 2804:
• Subcontractor invoice from Legacy Mechanical & Energy Services, Inc.:
• Job: Run 3 #14 wire from condenser to air handler in chief’s office and replace wireless controller.
• Location: Fire Station 35, 6303 Hollis St.
• Quoted work total: $3,330.00
Invoice 2655:
• Subcontractor invoices from Crane Pest Control for monthly services at seven City of Emeryville facilities:
• 5890 Christie Ave
• 4321 Salem St
• 1220 53rd St
• 2449 Powell St
• 6303 Hollis St
• 2333 Powell St
• 1333 Park Ave
• Each monthly invoice includes itemized charges per location, with consistent service fees of $2,107.00 per month.
Invoice 2867:
Docusign Envelope ID: EE967057-8DCE-4450-8E6C-4AEE722B70D9 • Fuel Charges: $426.84 for June 2025 (WEX fuel report included). • Vacation Payout: $7,527.35 for Eric Rivera (49.62 hours @ $151.70/hr). • Materials:
• Ashby Lumber: $159.79 for repair fabric, bolts, cement, tool bag, etc. • Grainger: $688.99 for manual flush valves.
• Home Depot: $2,005.49 for washer/dryer, installation accessories, and protection plans.
Invoice 3140:
• Subcontractor Work by Legacy Mechanical & Energy Services:
• HVAC repairs at multiple city facilities.
• Includes labor, parts, and quoted work orders.
• Detailed breakdowns of service dates, technician notes, and materials used.
3. Timeline of Work
Date Activity
Aug 30, 2024 HVAC investigation (Fire Station 35)
Dec 3, 2024 Heat pump repairs (Child Development Center, FS34) Feb 4, 2025 HVAC Communication issue (Fire Station 35)
Mar 28, 2025 LED bulb purchases
Mar 31, 2025 Fire alarm monitoring begins
Dec 2024–May 2025 Monthly pest control services (Multiple city facilities) Docusign Envelope ID: EE967057-8DCE-4450-8E6C-4AEE722B70D9 Date Activity
Jun 9–30, 2025 Fuel, vacation payout per contract terms, material purchases (Various city facilities)
Nov 2024–Jun 2025 Elevator repairs and subcontractor work (Multiple sites)
4. Justification for Budget Overrun
• Labor Overtime: Extended hours by facility supervisor Eric Rivera were needed to support contractors and resolve urgent issues. Overtime was approved by City leadership (Mohamed Alaoui). Multiple urgent issues required overtime labor, including:
• Leaking domestic water line
• HVAC troubleshooting
• Emergency sump pump repair
• Emergency response
• Lighting Upgrades: LED bulb purchases were necessary for energy efficiency and compliance with sustainability goals.
• Fire Safety Compliance: Quarterly monitoring and emergency service for fire alarm systems were mandated for public safety.
• Emergency Response:
• Facility Maintenance: Roofing leaks at critical facilities (Senior Center, Police Station) required subcontractor intervention and temporary repairs. • Public Health Compliance: Pest control services were essential for maintaining sanitary conditions across multiple public facilities. • Unplanned HVAC Repairs: The air handler condenser failure at Fire Station 35 required immediate attention to restore climate control in critical areas. • Subcontractor Engagement: Specialized services (pest control, Elevator, and HVAC electrical work) were outside the scope of the original contract and required external vendors.
Docusign Envelope ID: EE967057-8DCE-4450-8E6C-4AEE722B70D9 • Extended Service Periods: The pest control services spanned six months, accumulating significant costs not originally budgeted. • Personnel Costs: Vacation payout for Eric Rivera per the terms of the pricing. • Facility Maintenance: Washer/dryer replacement and plumbing repairs were necessary for operational continuity.
• Procurement Compliance: All purchases were documented with invoices and PO references, ensuring transparency.
Docusign Envelope ID: EE967057-8DCE-4450-8E6C-4AEE722B70D9