FIRST AMENDMENT
TO THE CONSULTING SERVICES AGREEMENT (C26PW1333)
BETWEEN THE CITY OF UNION CITY AND
KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE PREPARATION OF THE FINAL MAP
QUARRY LAKES PARKWAY PROJECT, CITY PROJECT NO. 18-04
This First Amendment (the “First Amendment”) is effective as of this 22nd day of September, 2026, by and between the City of Union City, a municipal corporation, (“City”) and Kimley-Horn and Associates, ("Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H:
WHEREAS, on May 15, 2026, the Parties entered into a Consulting Services Agreement (C26PW1333) (“Agreement”) wherein the Consultant will provide the City with professional/surveying services for the Quarry Lakes Tentative Map of the Quarry Lakes Parkway, City Project No. 18-04, in the amount of $74,200; and WHEREAS, the Parties desire to amend the Agreement to expand the scope of services to be provided by the Consultant, extend the term, and increase the compensation to be provided to the Consultant; and
WHEREAS, the City and the 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 “TERM OF SERVICES” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to June 30, 2027.
3. The first sentence of Section 2 “COMPENSATION” of the Agreement is hereby amended to reflect payment based upon a sum increase of Sixty-One Thousand Six Hundred Fifty Dollars ($61,650), 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 One Hundred Thirty-Five Thousand Eight Hundred Fifty Dollars ($135,850). The first sentence shall now read:
City hereby agrees to pay Consultant a sum not to exceed One Hundred Thirty-Five Thousand Eight Hundred Fifty Dollars ($135,850), notwithstanding any contrary indications that may be contained in First Amendment to the Consulting Services Agreement
between City of Union City and Kimley-Horn and Associates, Inc.
Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.
4. The “COST PROPOSAL” as set forth in EXHIBIT B of the Agreement, is hereby amended to include the information contained in Exhibit B of this First Amendment, attached hereto and incorporated herein by reference.
5. 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 KIMLEY-HORN AND ASSOCIATES, INC.
By By
Joan Malloy Mark Falgout, P.E.
City Manager Principal-in-Charge
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 Kimley-Horn and Associates, Inc.
Exhibit A
Scope of Services
Task 1 – Supplemental Boundary Verification
Kimley-Horn will prepare, through the use of a sub-consultant, a supplemental field boundary verification for the project area. The record monumentation along the eastern boundary of the property, also being the boundary line with the City of Fremont, will be searched for and located to better establish what will be the eastern boundary of the future Parcel A. This task also includes searching for and locating any corners found along the western boundary of the property as depicted on Tract 2626 (Decoto Gardens) to verify the disposition of the improvements along the future Parcel D.
The survey along the eastern boundary will also include locating the existing fenceline line of the adjacent Purple Lotus Temple to verify the disposition of the of those improvements. The overhead utility poles along that line will also be located to determine their location with respect to the existing utility easements. This field effort includes 3 days of field surveying.
This task does not include topographic surveying, any mapping or setting any property corners or monuments or filing or recording a Record-of-Survey. The deliverable for this task will include one updated AutoCAD base file to be used as a background for the inprogress Tentative Map and later mapping documents.
Task 2 - Final Parcel Map
Kimley-Horn will prepare a Final Parcel Map from the approved tentative map and roadway improvement plans, by others to subdivide the existing property into 3 parcels and 1 street lots, including additional right-of-way dedications, existing right-of-way abandonment, public utility easements and landscape easements. The final Parcel Map will be based on the verified survey project boundary, approved Tentative Parcel Map and Conditions of Approval. A current title report (within 30 days of written notice to proceed) will be provided by the client.
Kimley-Horn will assemble and submit a completed Parcel Map submittal package to the City. This includes pertinent reference information such as deeds, maps, easements, traverse closure reports and non-interference/approval letters from utility agencies serving the property. Kimley-Horn will include in the submittal the documentation that was gathered as part of the boundary verification task under the original contract, along with other available public records, such as maps and documents from the City, County, CalTrans, and title company. Additional documentation may include copies of Tract Maps, Parcel Maps, Records of Survey Maps, Corner Records, Centerline Ties, Certificate of Corrections, Right-of-way maps, Deeds, Street and Public Utility easements, and encumbrance documents listed in the Title Report provided by the client. This includes First Amendment to the Consulting Services Agreement
between City of Union City and Kimley-Horn and Associates, Inc.
records for the property in question and the immediate surrounding adjacent parcels.
The final map will consist of the following 18” x 26” sheets:
1. One title sheet for statements, certifications, signatures and notary acknowledgments including stamps from appropriate surveyors and engineers required to sign the map. Additional sheets for notary signatures as may be necessary.
2. Boundary resolution sheet indicating found monumentation; boundary establishment notes, record map titles with lot/parcel designations; street rightsof-way with names; boundary and parcel lines; measured and record dimensions for centerlines, boundary and existing property lines; existing easements with reference recording information; proposed easements; survey notes including basis of bearings, record maps, deed references, property areas (net & gross), set and found monument descriptions. Additional sheets as necessary for detail and clarity.
3. One Index sheet noting sheet numbers for location of parcels, easements, details and vicinity map if necessary.
4. Parcel Sheets drafted at 30’ to 40’ scale for proposed property lines, rights-of-way, easement dedications, open space, landscape, basins, common areas and reserved lots. Information shown will detail property line dimensions, centerline and right-of-way line dimensions, parcel numbers, easement identification and dimensions, street names and lot designations, indication of restricted access or driveway access locations.
This task includes Coordination with client, title company, public agencies and subconsultants for completion of tasks listed and noted deliverables.
Task 3 – Monumentation
Kimley-Horn will set or replace any property corner monuments, or offsets thereof, to establish the boundary of the subject property and newly created Parcel corners. There are an estimated 26 monuments required to be set for the existing boundary and current Parcel configuration.
Monuments set for centerline and Right-of-Way of proposed street improvements are not included and will be deferred to after roadway is constructed under the General Contractor services. No centerline ties are included due to completion of improvements construction would be required prior to setting survey tie markers.
Information and Responsibilities of Client
Kimley-Horn (consultant) shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The First Amendment to the Consulting Services Agreement
between City of Union City and Kimley-Horn and Associates, Inc.
Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following:
• Preliminary Title report dated within 30 days of written notice to proceed • Approved tentative map and improvement plans.
• Vesting Deed with articles of incorporation for entity signing as owner(s).
In addition to other responsibilities set out in this Agreement, the Client shall sign any appropriate application and pay all agency fees, recording fees and any title company fees.
Deliverables
Kimley-Horn (consultant) will provide one set of electronic Parcel Map sheets (PDF format) for review and comment by City, Client, and title company. A final mylar copy, stamped and signed by a licensed Land Surveyor for recording with Recorders Office.
Client or Title Company will be responsible for recording fees and processing with Recorders Office.
Schedule
We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreeable schedule. Typically, this type of project is delivered 6-8 weeks from notice to proceed.
Services Not Included
• Any other services, including but not limited to the following, are not included in this Agreement:
• Utility research and coordination. Approval and Non-interference letters from utility companies to be provided by client.
Submittals including Application, Articles of Incorporation, Title information, Utility Provider letters and approvals will be provided by client and consultant. Any application, plan check or recording fees including notary services to be paid and processed by client.
First Amendment to the Consulting Services Agreement
between City of Union City and Kimley-Horn and Associates, Inc.
Project Location
First Amendment to the Consulting Services Agreement
between City of Union City and Kimley-Horn and Associates, Inc.
Exhibit B
Cost Proposal
Task 1 - Supplemental Boundary Verification $18,650
Task 2 – Final Parcel Map $31,500
Task 3 – Monumentation $11,500
Total Additional Fee: _____ $ 61,650
Hourly Labor Rate Schedule
Supplemental Boundary Verification, Final Parcel Map, and Monumentation
Staff Rate Hrs Fee
Sr Prof II 380 22 $ 8,360.00
Sr Prof I 340 48 $ 16,320.00
Sr Tech Support 250 87 $ 21,750.00
157 $ 46,430.00
Sub-Consultant Survey Fee (Northstar) $ 15,220.00
Total Fee $ 61,650.00
Effective through June 30, 2027
Subject to annual adjustment thereafter
Internal Reimbursable Expenses will be charged at 5% of Labor Billings External Reimbursable Expenses will be charged at 15% mark-up, or per the Contract Sub-Consultants will be billed per the Contract