HomeMy WebLinkAboutStaff Report 2311-220310.Approval of Amendment Number 2 of Six Development Services On-Call Consulting
Contracts to Increase the Not-to-Exceed amount by $3.40 million for a Total Not to
Exceed $9.75 Million Through December 2024 to Provide Expertise for Plan Review and
Inspection Services With all Work Subject to Assigned Task Order and Availability of
Funds; Environmental Assessment: Exempt in Accordance with CEQA Guidelines Section
15061(b)(3).
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: November 27, 2023
Report #:2311-2203
TITLE
Approval of Amendment Number 2 of Six Development Services On-Call Consulting Contracts to
Increase the Not-to-Exceed amount by $3.40 million for a Total Not to Exceed $9.75 Million
Through December 2024 to Provide Expertise for Plan Review and Inspection Services With all
Work Subject to Assigned Task Order and Availability of Funds; Environmental Assessment:
Exempt in Accordance with CEQA Guidelines Section 15061(b)(3).
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to
execute an amendment for the following six contracts. Under the amendment, the total
cumulative contract authority for all contracts combined is not to exceed $9.75 million through
December 31, 2024. Use of the contracts must be consistent with the funding available in the
adopted budget(s). The contracts are:
a. C21177994A 4Leaf, Inc.
b. C21177994B SAFEbuilt LLC
c. C21177994C Bureau Veritas North America, Inc.
d. C21177994D Independent Code Consultants, Inc.
e. C21177994E Shums Coda Associates, Inc.
f. C21177994F TRB + Associates, Inc.
BACKGROUND
The Planning and Development Services Department uses on-call contracts to provide building
and fire inspection and plan check services. On June 22, 2020, the City Council approved six on-
call inspection and plan review contracts for a cumulative amount not to exceed $6.0 million.1
This amount was determined based on a competitive solicitation process to identify the firms
best suited for consultant support as needed. Moreover, given the financial uncertainty at the
time, staff requested a reduced initial amount of $6 million, including negotiated rate reductions,
and notified Council that staff would need to return for additional contract authority before the
1 Development Center On-Call Contracts: https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/year-archive/2020/id-11255.pdf
end of the contract term. This single not-to-exceed compensation pool allows staff to utilize the
contract best suited to meet the City’s needs.
On November 15, 2021, the City Council approved Amendment Number 1, increasing the
cumulative amount to $6.35 million due to services required for the Public Safety Building for
Public Works.
ANALYSIS
On-call contracts provide expert service that is efficient, responsive, and available as needed.
Development Services relies on these contracts to provide necessary expertise to meet the
fluctuating demand in processing permit applications, performing plan reviews, and conducting
inspections.
To allow for continuity of services, staff is returning to the City Council to increase the not-to-
exceed amount by $3.40 million to $9.75 million. No changes will be made to existing contracted
rates. The firms will continue to provide on-call support associated with Building plan review and
inspection, Fire plan review and inspection, and Public Works inspections.
To date, the City has spent about $6.3 million to support Building plan reviews and inspections,
Fire plan reviews and inspection, Building permit processing technicians, and Public Works
inspector of record services. As a program area requires consultant services, staff will contact on
call firms and assign work based on subject matter expertise and the availability of qualified
consultants on the bench. Based on analyses of contract utilization and expense trends, staff
concludes that it is prudent to increase contract capacity at this time to avoid service disruption.
Staff plans to conduct a new procurement for services in 2024.
FISCAL/RESOURCE IMPACT
Use of consultants for specific assistance is an efficient and effective use of resources, allowing
the department to quickly access needed technical skills. The cost of the contracts is offset by
fees collected by the department for application processing, consistent with the FY 2024 Adopted
Municipal Fee Schedule.
The budget for these contracts is contained in the Planning and Development Services and Public
Works adopted department budgets. Use of contractors for development services work is
contingent on (1) approved contracts with capacity to support the required scope; and (2)
availability of funding in the department’s approved budget.
Staff is not requesting a budget increase. No work will be assigned to consultants under these
contracts unless there is sufficient operating budget to cover the costs.
STAKEHOLDER ENGAGEMENT
When the contracts were initially established, staff in the Planning and Development, Fire, and
Public Works Departments participated in the development of the selection criteria, drafting of
the RFP, review of proposals, and interviewing of top firms. An assessment and discussion were
conducted by an internal panel, leading to contracts selection. Planning and Development
Services, Fire, and Public Works staff all utilize these contracts when needing specific expertise.
POLICY IMPLICATIONS
Approval of these awards will allow Planning and Development Services Department to continue
meeting service delivery goals established as part of the Development Center Blueprint initiative.
ENVIRONMENTAL REVIEW
Approval of these contracts is not a project under the California Environmental Quality Act
(CEQA) and therefore no environmental review is required.
ATTACHMENTS
Attachment A: Contract No. C21177994A with 4Leaf, Inc.
Attachment B: Contract No. C21177994B with SAFEbuilt LLC
Attachment C: Contract No. C21177994C with Bureau Veritas North America, Inc.
Attachment D: Contract No. C21177994D with Independent Code Consultants, Inc.
Attachment E: Contract No. C21177994E with Shums Coda Associates, Inc.
Attachment F: Contract No. C21177994F with TRB and Associates, Inc.
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
Vers.: Aug. 5, 2019
Page 1 of 3
AMENDMENT NO. 2 TO CONTRACT NO. C21177994A
BETWEEN THE CITY OF PALO ALTO AND
4LEAF, INC
This Amendment No. 2 (this “Amendment”) to Contract No. C20177994A (the “Contract”
as defined below) is entered into as of October 30, 2023, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and 4LEAF, INC, a California corporation
located at 2126 Rheem Drive, Pleasanton, CA 94588 (“CONSULTANT”). CITY and CONSULTANT
are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of On-Call Building Inspection and Plan Review Services,
as detailed therein.
B. The Parties entered into Amendment No. 1 to amend the Professional Service
Agreement Contract in order to increase the total compensation by $350,000 from
$6,000,000 to $6,350,000, as detailed therein.
C. The Parties now wish to amend the Contract in order to increase compensation
by Three Million Four Hundred Thousand Dollars ($3,400,000) , changing from Six
Million Dollars Three Hundred Fifty Thousand ($6,350,000) for a new not to
exceed total of Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000)
over the term of the contract among a total of six (6) consultant agreements
(C21177994A, C21177994B, C21177994C, C21177994D, C21177994 E,
C21177994F).
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No.C20177994A
between CONSULTANT and CITY, dated June 22, 2020 as amended by:
Amendment No.1, dated November 15, 2021
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby
amended to read as follows:
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“The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Nine Million Seven
Hundred Fifty Thousand Dollars ($9,750,000) CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount; provided however CONSULTANT
acknowledges that the compensation paid to be likely will be less than $9,750,000.00 as CITY has
appropriated that amount to payments to be made under six Agreements, of which this
Agreement is one. The six Agreements shall be administered by Planning and Development
Services to ensure that the total aggregate of compensation paid for these six Agreements will
not exceed Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000) The applicable rates
and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OF RATES,” which is
attached to and made a part of this Agreement. Any work performed or expenses incurred for
which payment would result in a total exceeding the maximum amount of compensation set forth
herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions
of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Servic es
performed without the prior written authorization of CITY. Additional Services shall mean any
work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described at Exhibit “A”.”
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
4LEAF, INC
By:
Name: Gene Barry
Title: Vice President
(gbarry@4leafinc.com)
By:
Name: Kevin Duggan
Title: President
(kduggan@4leafinc.com)
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AMENDMENT NO. 2 TO CONTRACT NO. C21177994B
BETWEEN THE CITY OF PALO ALTO AND
SAFEBUILT, LLC
This Amendment No. 2 (this “Amendment”) to Contract No. C20177994B (the “Contract”
as defined below) is entered into as of November 31 2023, by and between the CITY OF PALO
ALTO, a California chartered municipal corporation (“CITY”), and SAFEBUILT, LLC, a California
corporation located at 3755 Precision Drive, Suite 140, Loveland, CO 80538 (“CONSULTANT”).
CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of On-Call Building Inspection and Plan Review Services as detailed
therein.
B. The Parties entered into Amendment No. 1 to amend the Professional Service
Agreement Contract in order to increase the total compensation by $350,000 from $6,000,000
to $6,350,000, as detailed therein.
C. The Parties now wish to amend the Contract in order to increase compensation
by Three Million Four Hundred Thousand Dollars ($3,400,000), changing from Six Million Dollars
Three Hundred Fifty Thousand ($6,350,000) for a new not to exceed total of Nine Million Seven
Hundred Fifty Thousand Dollars ($9,750,000) over the term of the contract among a total of six
(6) consultant agreements (C21177994A, C21177994B, C21177994C, C21177994D, C21177994E,
C21177994F).
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C20177994B
between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated November 15, 2021
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4, “NOT TO EXCEED COMPENSATION” of the Contract is hereby
amended to read as follows:
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“The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Nine Million Seven
Hundred Fifty Thousand Dollars ($9,750,000). CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount; provided however CONSULTANT
acknowledges that the compensation paid to be likely will be less than $9,750,000.00 as CITY has
appropriated that amount to payments to be made under six Agreements, of which this
Agreement is one. The six Agreements shall be administered by Planning and Development
Services to ensure that the total aggregate of compensation paid for these six Agreements will
not exceed Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000). The applicable rates
and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OF RATES,” which is
attached to and made a part of this Agreement. Any work performed or expenses incurred for
which payment would result in a total exceeding the maximum amount of compensation set forth
herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the
provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional
Services performed without the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services described at Exhibit “A”.
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
SAFEBUILT, LLC
By:
Name: Will Brown
Title: CFO
(wbrown@safebuilt.com)
By:
Name: Chris Giordano
Title: CEO
(cgiordano@cgasolutions.com)
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AMENDMENT NO. 2 TO CONTRACT NO. C21177994C
BETWEEN THE CITY OF PALO ALTO AND
BUREAU VERITAS NORTH AMERICA INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C21177994C (the “Contract”
as defined below) is entered into as of October 30, 2023, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and BUREAU VERITAS NORTH AMERICA
INC., a Delaware corporation located at PO Box 841566, Dallas TX 75284-1566 (“CONSULTANT”).
CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of On-Call Building Inspection and Plan Review Services,
as detailed therein.
B. The Parties entered into Amendment No. 1 to amend the Professional Service
Agreement Contract in order to increase the total compensation by $350,000 from
$6,000,000 to $6,350,000, as detailed therein.
C. The Parties now wish to amend the Contract in order to increase compensation
by Three Million Four Hundred Thousand Dollars ($3,400,000), changing from Six
Million Dollars Three Hundred Fifty Thousand ($6,350,000) for a new not to
exceed total of Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000)
over the term of the contract among a total of six (6) consultant agreements
(C21177994A, C21177994B, C21177994C, C21177994D, C21177994E,
C21177994F).
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21177994C
between CONSULTANT and CITY, dated June 22, 2020as amended by:
Amendment No.1, dated November 15, 2021
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby
amended to read as follows:
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“The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Nine Million Seven
Hundred Fifty Thousand Dollars ($9,750,000). CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount; provided however CONSULTANT
acknowledges that the compensation paid to be likely will be less than $9,750,000.00 as CITY has
appropriated that amount to payments to be made under six Agreements, of which this
Agreement is one. The six Agreements shall be administered by Planning and Development
Services to ensure that the total aggregate of compensation paid for these six Agreements will
not exceed Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000). The applicable rates
and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OF RATES,” which is
attached to and made a part of this Agreement. Any work performed or expenses incurred for
which payment would result in a total exceeding the maximum amount of compensation set forth
herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the
provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional
Services performed without the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services described at Exhibit “A”.
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
BUREAU VERITAS NORTH AMERICA
INC.
By:
Name: Heather B. Bush, Esq.
Title: Secretary and Vice President
(heather.bush@bureauveritas.com)
By:
Name: Gus Guerrero
Title: Sr. Vice President / COO
(gus.guerrero@bureauveritas.com)
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AMENDMENT NO. 2 TO CONTRACT NO. C21177994D
BETWEEN THE CITY OF PALO ALTO AND
INDEPENDENT CODE CONSULTANTS, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C21177994D (the “Contract”
as defined below) is entered into as of November 30, 2023, by and between the CITY OF PALO
ALTO, a California chartered municipal corporation (“CITY”), and INDEPENDENT CODE
CONSULTANTS, INC., a California corporation located at 6280 W. Las Positas Blvd., Suite 220,
Pleasanton, CA 94588 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as
the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of On-Call Building Inspection and Plan Review Services,,
as detailed therein.
B. The Parties entered into Amendment No. 1 to amend the Professional Service
Agreement Contract in order to increase the total compensation by $350,000 from
$6,000,000 to $6,350,000, as detailed therein.
C. The Parties now wish to amend the Contract in order to increase compensation
by Three Million Four Hundred Thousand Dollars ($3,400,000) , Six Million Dollars
Three Hundred Fifty Thousand ($6,350,000) for a new not to exceed total of Nine
Million Seven Hundred Fifty Thousand Dollars ($9,750,000) over the term of the
contract among a total of six (6) consultant agreements (C21177994A,
C21177994B, C21177994C, C21177994D, C21177994E, C21177994F).
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21177994D
between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated November 15, 2021
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby
amended to read as follows:
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“The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Nine Million Seven
Hundred Fifty Thousand Dollars ($9,750,000). CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount; provided however CONSULTANT
acknowledges that the compensation paid to be likely will be less than $9,750,000.00 as CITY has
appropriated that amount to payments to be made under six Agreements, of which this
Agreement is one. The six Agreements shall be administered by Planning and Development
Services to ensure that the total aggregate of compensation paid for these six Agreements will
not exceed Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000). The applicable rates
and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OF RATES,” which is
attached to and made a part of this Agreement. Any work performed or expenses incurred for
which payment would result in a total exceeding the maximum amount of compensation set forth
herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the
provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional
Services performed without the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services described at Exhibit “A”.
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
INDEPENDENT CODE CONSULTANTS,
INC.
By:
Name: Kelly Park-Li
Title: Secretary
(kpark-
li@independentcodeconsultants.com)
By:
Name: Abigail Obligacion
Title: President
(aobligacion@independentcodeconsult
ants.com)
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AMENDMENT NO. 2 TO CONTRACT NO. C21177994E
BETWEEN THE CITY OF PALO ALTO AND
SHUMS CODA ASSOCIATES, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C21177994E (the “Contract”
as defined below) is entered into as of October 30, 2023, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and SHUMS CODA ASSOCIATES, INC., a
California corporation located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588
(“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this
Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of On-Call Building Inspection and Plan Review Services,
as detailed therein.
B. The Parties entered into Amendment No. 1 to amend the Professional Service
Agreement Contract in order to increase the total compensation by $350,000 from
$6,000,000 to $6,350,000, as detailed therein.
C. The Parties now wish to amend the Contract in order to increase compensation
by Three Million Four Hundred Thousand Dollars ($3,400,000), changing from Six
Million Dollars Three Hundred Fifty Thousand ($6,350,000) for a new not to
exceed total of Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000)
over the term of the contract among a total of six (6) consultant agreements
(C21177994A, C21177994B, C21177994C, C21177994D, C21177994E,
C21177994F).
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21177994E
between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated November 15, 2021
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby
amended to read as follows:
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“The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Six Million Dollars
Three Hundred Fifty Thousand ($6,350,000) for a new not to exceed total of Nine Million Seven
Hundred Fifty Thousand Dollars ($9,750,000). CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount; provided however CONSULTANT
acknowledges that the compensation paid to be likely will be less than $9,750,000.00 as CITY has
appropriated that amount to payments to be made under six Agreements, of which this
Agreement is one. The six Agreements shall be administered by Planning and Developm ent
Services to ensure that the total aggregate of compensation paid for these six Agreements will
not exceed Six Million Dollars Three Hundred Fifty Thousand ($6,350,000) for a new not to exceed
total of Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000). The applicable rates
and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OF RATES,” which is
attached to and made a part of this Agreement. Any work performed or expenses incurred for
which payment would result in a total exceeding the maximum amount of compensation set forth
herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the
provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional
Services performed without the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services described at Exhibit “A”.
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
SHUMS CODA ASSOCIATES, INC.
By:
Name: Christine Godinez
Title: Chief Operating Officer
(christine.godinez@shumscoda.com)
By:
Name: David Basinger
Title: Principal/CEO
(david.basinger@shumscoda.com)
DocuSign Envelope ID: 9FCC9717-A106-4896-AE36-745D1DC44117
Vers.: Aug. 5, 2019
Page 1 of 3
AMENDMENT NO. 2 TO CONTRACT NO. C21177994F
BETWEEN THE CITY OF PALO ALTO AND
TRB AND ASSOCIATES, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C21177994F (the “Contract”
as defined below) is entered into as of October30, 2023, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and TRB AND ASSOCIATES, INC., a
California corporation located at 3180 Crow Canyon Place, Suite 216, San Ramon, CA 94583
(“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this
Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of On-Call Building Inspection and Plan Review Services,
as detailed therein.
B. The Parties entered into Amendment No. 1 to amend the Professional Service
Agreement Contract in order to increase the total compensation by $350,000 from
$6,000,000 to $6,350,000, as detailed therein.
C. The Parties now wish to amend the Contract in order to increase compensation
by Three Million Four Hundred Thousand Dollars ($3,400,000), changing from Six
Million Dollars Three Hundred Fifty Thousand ($6,350,000) for a new not to
exceed total of Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000)
over the term of the contract among a total of six (6) consultant agreements
(C21177994A, C21177994B, C21177994C, C21177994D, C21177994E,
C21177994F).
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21177994F
between CONSULTANT and CITY, dated June 22, 2020, as amended by:
Amendment No.1, dated November 15, 2021
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
DocuSign Envelope ID: B511C54D-9EC2-4649-B206-2E053922A1C5
Vers.: Aug. 5, 2019
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SECTION 2. Section 4, “NOT TO EXCEED COMPENSATION” of the Contract is hereby
amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services described in
Exhibit “A” (“Basic Services”), and reimbursable expenses, shall not exceed Nine Million Seven
Hundred Fifty Thousand Dollars ($9,750,000). CONSULTANT agrees to complete all Basic Services,
including reimbursable expenses, within this amount; provided however CONSULTANT
acknowledges that the compensation paid to be likely will be less than $9,750,000.00 as CITY has
appropriated that amount to payments to be made under six Agreements, of which this
Agreement is one. The six Agreements shall be administered by Planning and Development
Services to ensure that the total aggregate of compensation paid for these six Agreements will
not exceed Nine Million Seven Hundred Fifty Thousand Dollars ($9,750,000)The applicable rates
and schedule of payment are set out at Exhibit “C-1”, entitled “SCHEDULE OF RATES,” which is
attached to and made a part of this Agreement. Any work performed or expenses incurred for
which payment would result in a total exceeding the maximum amount of compensation set forth
herein shall be at no cost to the CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the
provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional
Services performed without the prior written authorization of CITY. Additional Services shall
mean any work that is determined by CITY to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services described at Exhibit “A”.
SECTION 3. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 4. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: B511C54D-9EC2-4649-B206-2E053922A1C5
Vers.: Aug. 5, 2019
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or Designee
TRB AND ASSOCIATES, INC.
Officer 1
By:
Name: Todd Bailey
Title: President and Secretary
(tbailey@trbplus.com)
DocuSign Envelope ID: B511C54D-9EC2-4649-B206-2E053922A1C5