First Amendment to the Consulting Services Agreement
between City of Union City and Olberding Environmental, Inc.
FIRST AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C26PW1133)
THIS FIRST AMENDMENT (the “First Amendment”) is effective as of this 14th day of October, 2025 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Olberding Environmental, Inc., ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:
WHEREAS, on July 25, 2025, the Parties entered into a Consulting Services Agreement (C26PW1133) (“Agreement”) wherein the Consultant will provide the City with consulting services related to the preparation of Initial Conceptual Habitat Management and Mitigation Plan for Quarry Lakes Parkway, City Project No. 18-04, in the amount of $74,500; and WHEREAS, the Parties desire to amend the Agreement to expand the Scope of Services; and WHEREAS, the City and Consultant desire to enter into this First Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. The “Scope of Services”, as set forth in Exhibit A of the Agreement, is hereby amended to include the services contained in Exhibit A of this First Amendment, attached hereto and incorporated herein by reference.
2. The “Compensation Schedule”, as set forth in Exhibit B of the Agreement, is hereby amended to first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Two Hundred Thousand Dollars ($200,000.00), as set forth in Exhibit B of this First Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Two Hundred Seventy Four Thousand and Five Hundred Dollars ($274,500.00). The first sentence shall now read:
City hereby agrees to pay Consultant a sum not to exceed Two Hundred Seventy Four Thousand and Five Hundred Dollars ($274,500.00), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.
3. The “Term of Services” as set forth in the first sentence of Section 1.1, is hereby extended to December 31, 2027.
4. All other provisions of the Agreement, remain unchanged except as modified by this First Amendment.
First Amendment to the Consulting Services Agreement
between City of Union City and Olberding Environmental, Inc.
IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.
THE CITY OF UNION CITY OLBERDING ENVIRONMENTAL, INC.
By By
Joan Malloy Jeff Olberding
City Manager President
Attest:
___________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
First Amendment to the Consulting Services Agreement
between City of Union City and Olberding Environmental, Inc.
EXHIBIT A
SCOPE OF SERVICES
Amendment No. 1 includes scope of services for Quarry Lakes Parkway, Segments (Phases) 1-4, City Project No. 18-04 to pursue design and option to purchase as follows:
TASK 1. DESIGN HABITAT MITIGATION AND MONITORING PLAN (HMMP) Consultant in coordination with City of Union City, will prepare and process for approval by the Permitting Agencies, a Habitat Management and Mitigation Plan (“HMMP”), that will address how the habitats at the Mitigation Site will be preserved and managed in perpetuity to meet the Compensatory Mitigation Requirements. The HMMP will include, among other things, generalized mapping of habitats, a long-term management plan, monitoring requirements, and a description and calculation of a long-term funding mechanism to allow for the management of the habitat at the Mitigation Site. In addition, Seller, in coordination with Project Proponent, intends to prepare and process for approval by the Permitting Agencies, a Conservation Easement (as hereinafter defined) that will encumber applicable portions Eagle Ridge Preserve East in Contra Costa and Alameda Counties as shown in Exhibit B.
TASK 2. OPTION TO PURCHASE MITIGATION VALUES
Creation of Mitigation Values: Implementation of the HMMP is intended to create mitigation value that will enable City to meet its compensatory mitigation requirements as follows:
ITEM
No. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
1 SEASONAL WETLAND AC 3.4 $1,750,000 $5,950,000
2 CHANNEL RESTORATION (OLD
ALAMEDA CREEK/LINE M CHANNEL)
LF 1,800 $1,800 $3,240,000
3 RIPARIAN (OLD ALAMEDA
CREEK/LINE M CHANNEL)
AC 2.3 $900,000 $2,070,000
4 HABITAT PRESERVATION (UPLAND) AC 18 $45,000 $810,000
TOTAL= $12,070,000
First Amendment to the Consulting Services Agreement
between City of Union City and Olberding Environmental, Inc.
Option to purchase mitigation values:
City and Rocky Ridge, LLC will enter into an agreement for purchase and sale of mitigation values for $12,070,000 subject to following conditions:
a. City has submitted an application for RM3 (Regional Measure 3) funds to compensate for the purchase of mitigation values from Alameda CTC and MTC. Payment for the purchase of mitigation values is subject to City securing an approval from AlaCTC and MTC.
b. City anticipates approval of RM3 funds to be available sometime in January 2026.
First Amendment to the Consulting Services Agreement
between City of Union City and Olberding Environmental, Inc.
EXHIBIT B