Third Amendment to the Contractual Services Agreement
between City of Union City and VSCE, Inc.
THIRD AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT (C5778)
THIS THIRD AMENDMENT (the “Third Amendment”) is effective as of this 14th of October 2025, by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and VSCE, Inc., ("Consultant"), collectively referred to as the "Parties".
W I T N E S S E T H:
WHEREAS, on August 9, 2021, the Parties entered into a Contractual Services Agreement for Project Management Services for Quarry Lakes Parkway, City Project No. 18-04, (C5778) (“Agreement”) for an amount not to exceed $74,100.00 and wherein the Consultant will provide the City with services for the Public Works Department; and WHEREAS, on September 13, 2022, the Parties executed a First Amendment to the Agreement increasing the amount of the Agreement by $375,000 and not to exceed the contract amount of $449,100; and
WHEREAS, on December 12, 2023, the Parties executed a Second Amendment to the Agreement increasing the amount of the Agreement by $434,000 and not to exceed the contract amount of $883,100; and
WHEREAS, the Parties desire to amend the Agreement to expand the scope of services, increase the compensation by $647,000, and extend the term; and
WHEREAS, the City and Consultant desire to enter into this Third 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 Second Amendment, attached hereto and incorporated herein by reference.
2. The first sentence of Section 2 "COMPENSATION" of the Agreement is hereby amended to reflect payment based upon a sum increase of Six Hundred Forty Seven Thousand Dollars ($647,000) as set forth in Exhibit B of this Second Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Million Five Hundred Thirty Thousand One Hundred Dollars ($1,530,100). The first sentence shall now read:
Third Amendment to the Contractual Services Agreement
between City of Union City and VSCE, Inc.
City hereby agrees to pay Consultant a sum not to exceed One Million Five Hundred Thirty Thousand One Hundred Dollars ($1,530,100), 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 of the Agreement, is hereby extended to December 31, 2027.
4. All other provisions of the Agreement, remain unchanged except as modified by this First Amendment.
IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.
THE CITY OF UNION CITY VSCE, Inc.
By By
Joan Malloy Jesus M. Vargas
City Manager President
Attest:
___________________________
Thai Nam N. Pham
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
EXHIBIT A
AMENDMENT NO. 3
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF UNION CITY AND VSCE, INC.
FOR PROJECT MANAGEMENT SERVICES FOR
QUARRY LAKES PARKWAY, CITY PROJECT NO. 18-04
SCOPE OF SERVICES:
1) Scope of Services for this Amendment No. 3 covers project management services for the final design services as follows:
a. Phase 1 of Quarry Lakes Parkway Project from 65% PS&E Submittal to commencement of 95% PS&E design
b. Phase 2 of Quarry Lakes Parkway Project from 65% level to construction contract award.
c. Coordination of design/implementation of the off-site mitigation for Phases 1-4 of Quarry Lakes Parkway Project.
The scope of services is as follows:
The management functions are described in detail below:
1.1 Supervise, Coordinate and Monitor Design: On behalf of City, Consultant will supervise, coordinate and monitor design for conformance with guidelines, standards and policies.
1.2 Coordination with City: Consultants will attend weekly city meetings and develop action lists as needed for implementation and attend other city meetings as required.
Consultant will coordinate, interface, and work with city staff for project issues, strategies, critical paths tasks, design innovations, reviews of designer’s work products, and provide inputs/comments/responses to designers in conjunction with city staff.
1.3 Coordination with design team: Consultants will coordinate with the design consultants, utility providers and affected agencies for timely flow of information for each task activity.
1.4 Codes/Standard Compliance: Consultant will work with the design firm to confirm compliance with other codes and standards as acceptable to City. Any deviation from these standards and codes shall be documented as “Design Deviation”.
1.5 Update Project CPM Schedule: Consultant will update the Project CPM schedule on as needed basis.
1.6 Meetings: Consultant will attend bi-monthly design coordination check-in meetings. This task also includes up to 10 stakeholder/agency meetings to resolve engineering issues and one presentation to City Council. This may include meetings with AC Transit, Union City Transit, Caltrans, East Bay Regional Park District, ACFC&WCD, Union Sanitary District, Alameda County Water District and RWQCB. This Task includes four (4) Bicycle and Pedestrian Advisory Committee (BPAC) meeting and one Parks and Recreation Commission meeting.
1.7 Non-scheduled City Meetings: Consultant will attend monthly and quarterly meetings and non-scheduled meetings as required including city publicly noticed design update meeting for the benefit of the public, bicycle, pedestrian, and transit advocates. These meetings may be combined with BPAC meetings.
1.8 Invoices and Progress Reports: Consultant will review invoices submitted by design consultants and make recommendations as appropriate. Consultant will work with design firms to progress status on a monthly basis. Where appropriate, design approval for extra work will be prepared, whether this extra work is considered to be reallocated from existing contract amount or new work.
1.9 Quality Control at 95% PS&E for Phase 2: Consultant with VSCE team will perform quality control review at the 95% PS&E submittal.
1.10 Quality Control at Final PS&E: Consultant will perform quality control review of the Final PS&E.
1.11 Quality Assurance: Consultant will work with the design firm to maintain implement a quality control and quality assurance procedures for design activities, ensure in-house quality control reviews for each report and other task deliverables have been completed.
1.12 Design Coordination Meetings: Consultant will coordinate and attend bi-monthly Project Development Team (PDT) design coordination meetings. The location for the meetings will be a location to be determined by City of Union City and meetings shall include a video capable conference link for remote attendance. Consultant will work with the design firm to prepare and submit an agenda, status of submittals register, data request log of information requested from and provided to others and meeting minutes after each meeting.
EXHIBIT B
COST PROPOSAL AND SCHEDULE
This amendment is in the amount of $647,000, which proposes to increase the contract amount from $883,180 to $1,530,100.
The detailed staff expenditure summary along with billing rates for each staff is as follows:
Staff Expenditure Summary
Staff Hours Billing Rate Cost
Richard Tanaka (PM) 1,640 $ 315.00 $
516,600.00
Jesus Vargas (Advisor) 96 $ 315.00 $
30,240.00
Amy Lei (Project
Controls/Administrator) 115 $ 167.00 $ 19,205.00
Liz Exter 80 $ 308.00 $
24,640.00
Trinity Nguyen (Program Manager) 170 $ 308.00 $
52,360.00
Reimbursable/Mileages $3,955
TOTAL (From Jan 2025 to June 2026) 2,101 $647,000
SCHEDULE UPDATES:
1) Project management services for Phase 1
Change from October 1, 2025 to April 2026 for commencement of final design from 65% to Bid Ready
2) Project management services for Phase 2
Change from October 1, 2025 to June 30, 2027 (anticipated design completion ready for construction) and six months to December 31, 2027 to address review comments and coordinate with City and funding agencies as may be required.