HomeMy WebLinkAboutStaff Report 2310-2130CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, February 26, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
6.Approval of Amendment No. 6 to Contract No. C16163034A with Nova Partners, Inc. to
Add $766,919, Increasing the Not to Exceed Amount to $9,647,825, for Additional
Construction Management Services for the New Public Safety Building Capital
Improvement Program Project (PE- 15001) and Extend the Contract Term; and Approval
of Amendment No. 2 to Contract No. S20177452 with Schaaf & Wheeler Consulting Civil
Engineers to Add $9,600, Increasing the Not to Exceed Amount to $20,200, for Additional
Professional Services and Extend the Contract Term for the New Public Safety Building
Capital Improvement Program project (PE- 15001); CEQA: Environmental Impact Report
for the New Public Safety Building and New California Avenue Area Parking Garage
(Resolution No. 9772)
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: February 26, 2024
Report #:2310-2130
TITLE
Approval of Amendment No. 6 to Contract No. C16163034A with Nova Partners, Inc. to Add
$766,919, Increasing the Not to Exceed Amount to $9,647,825, for Additional Construction
Management Services for the New Public Safety Building Capital Improvement Program Project
(PE- 15001) and Extend the Contract Term; and Approval of Amendment No. 2 to Contract No.
S20177452 with Schaaf & Wheeler Consulting Civil Engineers to Add $9,600, Increasing the Not
to Exceed Amount to $20,200, for Additional Professional Services and Extend the Contract
Term for the New Public Safety Building Capital Improvement Program project (PE- 15001);
CEQA: Environmental Impact Report for the New Public Safety Building and New California
Avenue Area Parking Garage (Resolution No. 9772)
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or their designee to execute Amendment No. 6
to Contract No. C16163034A with Nova Partners, Inc. to add $766,919, increasing the
not to exceed amount to $9,647,825 and to extend the contract term through July 31,
2025, for Construction Management Services for the New Public Safety Building project
(PE-15001); and
2. Approve and authorize the City Manager or their designee to execute Amendment No. 2
to Contract No. S20177452 with Schaaf & Wheeler Consulting Civil Engineers to add
$9,600, increasing the not to exceed amount to $20,200, for additional Professional
Services and extend the contract term through December 31, 2024.
BACKGROUND
The New Public Safety Building (PSB) (PE-15001) is one of ten key projects included in the 2014
Council Infrastructure Plan. The PSB was identified as the plan’s highest priority project, and its
environmental impacts were analyzed with the 350 Sherman Avenue parking garage project for
the purposes of complying with the California Environmental Quality Act (CEQA). The parking
garage opened in December 2020. On February 1, 2021, Council approved the award of the
construction contract for the PSB to Swinerton Builders (Swinerton) and authorized execution
and delivery of one series of Certificates of Participation (COPs) in an amount not to exceed
$120 million to finance PSB construction.1
On June 13, 2016, Council authorized a contract with Nova Partners, Inc. (Nova) for program
management and construction management services for the Infrastructure Plan projects
implementation.2 On November 27, 2017, Amendment No. 1 to Nova’s contract added
construction management services for the Fire Station #3 replacement project.3 On February
21, 2018, Amendment No. 2 to Nova’s contract updated the hourly rate schedules for years
2018 and 2019. On December 10, 2018, Amendment No. 3 to Nova’s contract added
construction management, special inspection and testing for the California Avenue Parking
Garage.4 On February 1, 2021, Amendment No. 4 to Nova’s contract added the construction
management, special inspection and testing for the PSB.5 On July 31, 2023, Amendment No. 5
to Nova’s contract extended the time of the contract through January 2024.
ANALYSIS
Staff recommends approval of Amendment No. 6 (Attachment A) to the contract with Nova
Partners, Inc., which provides additional funding for four significant scopes of work, as well as a
10% replenishment in the amount of $69,720 to address other potential construction
management services and testing needs for the project.
The four significant scopes of work in Nova’s contract include Construction Management
Services (performed by Nova Partners Inc.), Specialty Scheduling Services (performed by
Rowecon, LLC.), Special Testing & Inspection Services (performed by Consolidated Engineering
Laboratories (CEL), and Photo-Documentation (performed by Multi-Vista). The extension of
construction management services is instrumental to meet the project needs and projected
project completion date.
Staff recommends the approval of Amendment No. 2 (Attachment B) to the contract with
Schaaf and Wheeler Consulting Civil Engineers. Schaaf and Wheeler Consulting Civil Engineers
1 City Council, February 1, 2021; Agenda Item #3, SR #11752
https://www.cityofpaloalto.org/files/assets/public/v/3/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2021/id-11752.pdf
2 City Council, June 13, 2016; Agenda Item #5, SR #6809
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2016/id.-6809-program-manager-contract.pdf
3 City Council, November 27, 2017; Agenda Item #7, SR #8561
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2017/id.-8561-fire-station-3-rebuild.pdf
4 City Council, December 10, 2018; Agenda Item #15, SR #9688
https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2018/id.-9688-350-sherman-ave-garage-construction.pdf?t=62452.05
5 City Council, February 1, 2021; Agenda Item #3, SR #11752
https://www.cityofpaloalto.org/files/assets/public/v/3/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2021/id-11752.pdf
Amendment No. 2 extends the contract term and provides additional funding for stormwater
construction observation and certification services.
Although the PSB project is 95% complete as of January 2024, completion of construction of the
facility is behind schedule and is expected to be completed in the second quarter of 2024,
followed by furniture and equipment installation, communication testing and setup. Move-in
timelines project the PSB to be fully operational in Spring 2024, subject to unforeseen
construction impacts such as weather or other impacts.
FISCAL/RESOURCE IMPACT
Funding for this contract amendment is available in the Fiscal Year 2024 Adopted Capital
Improvement Program budget for the New Public Safety Building project (PE-15001), and is
covered by the PSB project contingency and reserves for items that cost less than expected.
Approval of this amendment does not increase the overall PSB budget approved by Council
when the construction contract was approved in early 2021.
STAKEHOLDER ENGAGEMENT
Public Works has coordinated with key staff from departments whose operations will be
dependent upon the PSB.
ENVIRONMENTAL REVIEW
An Environmental Impact Report for the PSB and the New California Avenue Area Parking
Garage was prepared and certified by Council on June 11, 2018 (ID #8967), by adoption of
Resolution No. 9772.6
ATTACHMENTS
Attachment A: Nova Partners, Inc. Contract No. C16163034A Amendment No. 6
Attachment B: Schaaf & Wheeler Consulting Civil Engineers Contract No. S20177452
Amendment No. 2
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
6 Resolution 9772, https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/resolutions/reso-
9772.pdf?t=40475.53
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Page 1 of 7
AMENDMENT NO. 6 TO CONTRACT NO. C16163034A
BETWEEN THE CITY OF PALO ALTO AND
NOVA PARTNERS, INC.
This Amendment No. 6 (this “Amendment”) to Contract No. C16163034A (the “Contract” as defined
below) is entered into as of February 26, 2024, by and between the CITY OF PALO ALTO, a California chartered
municipal corporation (“CITY”), and NOVA PARTNERS, INC., a California corporation, located at 201 Moffett Blvd.,
Mountain View, CA 94043 (“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 providing Project and Program Management Services to complete the infrastructure plan for nine
major projects approved by City Council in 2014 (“Project”), as detailed therein.
B. The Parties entered into Amendment No. 1 to add Construction Management (CM) services for the
Fire Station 3 Replacement Project to the scope of services and to increase the compensation by Three Hundred
Fifty-Nine Thousand Two Hundred Sixty-Four Dollars ($359,264) from Four Million Two Hundred Thousand Four
Hundred Seventy-One Dollars ($4,200,471) to Four Million Five Hundred Fifty-Nine Thousand Seven Hundred
Thirty-Five Dollars ($4,559,735), as detailed therein.
C. The Parties entered into Amendment No. 2 to include the Hourly Rate Schedule for years 2018 and
2019, as detailed therein.
D. The Parties entered into Amendment No. 3 to add Construction Management (CM) services for the
New California Avenue Area Parking Garage Project to the scope of services and to increase the compensation by
One Million Two Hundred Forty-Nine Thousand One Hundred Ninety-Three Dollars ($1,249,193), from Four Million
Five Hundred Fifty-Nine Thousand Seven Hundred Thirty-Five Dollars ($4,559,735) to a new not-to-exceed amount
of Five Million Eight Hundred Eight Thousand Nine Hundred Twenty-Eight Dollars ($5,808,928), as detailed therein.
E. The Parties entered into Amendment No. 4 to add Construction Management (CM) services for the
New Public Safety Building Project to the scope of services and to increase the compensation by Three Million
Seventy-One Thousand Nine Hundred Seventy-Eight Dollars ($3,071,978), from Five Million Eight Hundred Eight
Thousand Nine Hundred Twenty-Eight Dollars ($5,808,928) to a new total not-to-exceed amount of Eight Million
Eight Hundred Eighty Thousand Nine Hundred Six Dollars ($8,880,906), as detailed therein.
F. In accordance with Palo Alto Municipal Code section 2.30.290, the Parties entered into Amendment
No. 5 to extend the contract term for six months, through January 31, 2024 at no additional cost to the City, as
detailed therein.
G. The Parties now wish to amend the Contract to extend the contract term for eighteen months through
July 31, 2025 and increase compensation by Seven Hundred Sixty-Six Thousand Nine Hundred Nineteen Dollars
($766,919) from Eight Million Eight Hundred Eighty Thousand Nine Hundred Six Dollars ($8,880,906) to a new not-
to-exceed amount of Nine Million Six Hundred Forty-Seven Thousand Eight Hundred Twenty-Five Dollars
($9,647,825) in order to provide continued services to manage the Public Safety Building, as detailed herein.
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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. C16163034A between
CONSULTANT and CITY, dated June 13, 2016., as amended by:
Amendment No.1, dated November 27, 2017
Amendment No.2, dated February 21, 2018
Amendment No.3, dated December 10, 2018
Amendment No.4, dated February 1, 2021
Amendment No.5, dated July 31, 2023
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:
“The compensation to be paid to CONSULTANT for performance of the Services shall be based on the
compensation structure detailed in Exhibit “C,” entitled “COMPENSATION,” including any reimbursable expenses
specified therein, and the maximum total compensation shall not exceed Eight Million Seven Hundred Seventy
Thousand Seven Hundred Fifty Dollars ($8,7770,750) . The hourly schedule of rates, if applicable, is set out in
Exhibit “C-1,” entitled “SCHEDULE OF RATES,” Exhibit “C-2,” entitled “SCHEDULE OF RATES, AMENDMENT NO.3,”
or Exhibit “C-3,” entitled “SCHEDULE OF RATES, AMENDMENT NO.4,” as applicable. Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in
this Section 4 shall be at no cost to the CITY.
Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation
amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to-exceed
compensation amount of Eight Hundred Seventy-Seven Thousand Seventy-Five Dollars ($877,075) for the
performance of Additional Services (as defined below). The total compensation for performance of the Services,
Additional Services and any reimbursable expenses specified in Exhibit “C,” shall not exceed Nine Million Six
Hundred Forty-Seven Thousand Eight Hundred Twenty-Five Dollars ($9,647,825), as detailed in Exhibit “C.”
“Additional Services” means 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,” entitled “SCOPE OF
SERVICES”; Exhibit “A-1”, entitled “SCOPE OF SERVICES, AMENDMENT NO. 1”; Exhibit “A-2”, entitled “SCOPE OF
SERVICES, AMENDMENT NO. 3, ADDED”; and Exhibit “A-3”, entitled “SCOPE OF SERVICES, AMENDMENT NO. 4,
ADDED” (collectively, also referred to in this Agreement as the “Basic Services”). CITY may elect to, but is not
required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional
Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization
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from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order
assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task
Order shall be in substantially the same form as Exhibit “A-1,” entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation
amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be
specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit
“C,” the hourly rates set forth in Exhibit “C-1,” entitled “SCHEDULE OF RATES”, Exhibit “C-2,” entitled “SCHEDULE
OF RATES, AMENDMENT NO.3,” or Exhibit “C-3,” entitled “SCHEDULE OF RATES, AMENDMENT NO.4,” as
applicable, or a negotiated lump sum provided such a sum is less costly to the CITY.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the
time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY
Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total
compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount
of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for
Additional Services performed under an authorized Task Order and only up to the maximum amount of
compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional
Services are subject to all requirements and restrictions in this Agreement.”
SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below,
to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this
Amendment and into the Contract by this reference:
a. Exhibit “B” entitled “EXHIBIT B-3 SCHEDULE OF PERFORMANCE, AMENDMENT NO. 6”,
AMENDED, REPLACES PREVIOUS.
b. Exhibit “C” entitled “EXHIBIT C COMPENSATION, AMENDMENT NO. 6”, AMENDED,
REPLACES PREVIOUS.
SECTION 4. 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 5. 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
NOVA PARTNERS, INC.
Officer 1
By:___________________________
Name:________________________
Title:__________________________
Officer 2
By:____________________________
Name:_________________________
Title:___________________________
Attachments:
Exhibit “B” entitled “EXHIBIT B-3 SCHEDULE OF PERFORMANCE, AMENDMENT No. 6”, (AMENDED, REPLACES
PREVIOUS)
Exhibit “C” entitled “EXHIBIT C COMPENSATION, AMENDMENT NO. 6” (AMENDED, REPLACES PREVIOUS)
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Principal
David Marks
Bob Olson, Principal
Principal
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EXHIBIT “B-3”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 6
(AMENDED-REPLACES PREVIOUS)
CONSULTANT shall commence performance of Task 5.3 (Construction Management Services for the New Public
Safety Building) of Exhibit “A-3”, upon issuance of Notice to Proceed through the duration of the project unless
earlier terminated by CITY in its sole discretion. For information purposes, Task 5.3 is expected to be performed
from January 1, 2021 through July 31, 2025 and consist of a total duration of 55 months from commencement of
construction; however, that timeframe may be modified by CITY as project needs require.
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EXHIBIT “C”
COMPENSATION, AMENDMENT NO. 6
(AMENDED, REPLACES PREVIOUS)
The CITY agrees to compensate the CONSULTANT for Services performed in accordance with the terms and
conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated
based on the schedule of rates attached as Exhibit “C-1”, Exhibit “C-2”, and/or Exhibit “C-3,” as applicable, up to
the not to exceed budget amount for each task set forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s Project
Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed
below provided the total compensation for Basic Services, including specified reimbursable expenses, and the
total compensation for Additional Services, do not exceed the amounts set forth in Section 4 of this Agreement.
REIMBURSABALE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house
printing, insurance and other ordinary business expenses are included within the scope of payment for services
and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses
at cost up to the not-to-exceed amount of: $16,000. Expenses for which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual
cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto
employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and
postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense
anticipated to be more than $1,000 shall be approved in advance by the CITY’s
project manager.
(CONTINUED ON THE NEXT PAGE)
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BUDGET SCHEDULE
DESCRIPTION NOT-TO-EXCEED AMOUNT
BASIC SERVICES Year 1 Year 2 Year 3 Amend 4 Amend 6 Total
Task 1.1: Project
Management, Planning, and
Coordination (Projects 1-9) $140,898 $140,898 $140,898 $0 $0 $422,694
Task 1.2: Project
Management System
(Projects 1-9) $175,000 $100,000 $100,000 $0 $0 $375,000
Task 2: Acquisition and
management of project
consultants (Projects 1-3) $144,975 $144,975 $144,975 $0 $0 $434,925
Task 3: Design/Document
reviews (Projects 1-3) $206,762 $206,762 $206,762 $0 $0 $620,286
Task 4: Pre-Construction
services (Projects 1-3) $283,650 $283,650 $283,650 $0 $0 $850,950
Task 5.1: Construction
Management services for
Fire Station 3 Replacement $0 $326,604 $0 $0 $0 $326,604
Task 5.2: Construction
Management services for
New California Avenue Area
Parking Garage $0 $0 $1,135,630 $0 $0 $1,135,630
Task 5.3: Construction
Management services for
New Public Safety Building $0 $0 $0 $2,792,707 $697,199 $3,489,906
Task 6: Budget and schedule
management (Projects 1-9) $63,985 $63,985 $63,985 $0 $0 $191,955
Task 7.1: On-call services for
Transportation Projects $333,400 $253,400 $0 $0 $0 $586,800
Task 7.2: On-call services
(allowance) $100,000 $100,000 $100,000 $0 $0 $300,000
TOTAL BASIC SERVICES $1,448,670 $1,620,274 $2,175,900 $2,792,707 $697,199 $8,734,750
REIMBURSABLE EXPENSES $12,000 $12,000 $12,000 $0 $0 $36,000
TOTAL BASIC
SERVICES AND
REIMBURSABLES $1,460,670 $1,632,274 $2,187,900 $2,792,707 $697,199 $8,770,750
ADDITIONAL SERVICES –
10% OF ABOVE $146,067 $163,227 $218,790 $279,271 $69,720 $877,075
TOTAL NOT-TO-EXCEED
AMOUNT $1,606,737 $1,795,501 $2,406,690 $3,071,978 $766,919 $9,647,825
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AMENDMENT NO. 2 TO CONTRACT NO. S20177452
BETWEEN THE CITY OF PALO ALTO AND
SCHAAF & WHEELER, CONSULTING CIVIL ENGINEERS
This Amendment No. 2 (this “Amendment”) to Contract No. S20177452 (the “Contract” as
defined below) is entered into as of the February 26, 2024, by and between the CITY OF PALO
ALTO, a California chartered municipal corporation (“CITY”), and SCHAAF & WHEELER
CONSULTING CIVIL ENGINEERS, located at 4699 Old Ironsides Drive, Suite 350, Santa Clara, CA
95054 ("CONSULTANT"). CITY and CONSULTANT are referred to collectively herein as the
“Parties”.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties to
provide final plan review and certification of the Stormwater Management Plan and design
documents, and provide construction observation and certification of the installation of the
bioretention areas and soil cells for the Public Safety Building project, as detailed therein.
B. The Parties entered into Amendment No. 1 to extend the contract term for six (6)
months to October 31, 2023, at no additional cost to the City, as detailed therein.
C. The Parties now wish to amend the Contract in order to retroactively extend the
contract term for fourteen (14) months through December 31, 2024, update the Scope of
Services and increase the compensation by Nine Thousand Six Hundred Dollars ($9,600), from
Ten Thousand Six Hundred Dollars ($10,600) to a new total not-to-exceed amount of Twenty
Thousand Two Hundred Dollars ($20,200), as detailed herein.
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. S20177452
between CONSULTANT and CITY, dated April 26, 2020, as amended by:
Amendment No. 1, dated February 27, 2023
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 2 “TERM” of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be from the date of its full execution through December 31,
2024 unless terminated earlier pursuant to Section 19 of this Agreement.”
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SECTION 3. 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” (also referred to herein as the “Basic Services”), and any reimbursable expenses
specified in Exhibit “C”, entitled “COMPENSATION”, shall not exceed Nineteen Thousand Two
Hundred Dollars ($19,200), as detailed in Exhibit “C”. CONSULTANT agrees to complete all Basic
Services, including any specified reimbursable expenses, within this amount. In the event
Additional Services are authorized in accordance with Section 1 (Scope of Services), the
compensation for Additional Services shall not exceed One Thousand Dollars ($1,000), and the
total compensation under this Agreement for Basic Services, Additional Services and any
specified reimbursable expenses shall not exceed Twenty Thousand Two Hundred Dollars
($20,200). The rate schedule, as applicable, is set out at Exhibit “C-1”, entitled “SCHEDULE OF
RATES.” Any work performed or expenses incurred for which payment would result in a total
exceeding the maximum compensation as set forth herein shall be at no cost to the CITY.
Additional Services, if any, may be authorized in accordance with and subject to the provisions
of Section 1 (Scope of Services), provided that: (i) the Additional Services check box at Section 1
is selected, and (ii) a dollar amount for Additional Services is allocated in this Section 4. If either
or both of these requirements are not met, or if the dollar amount for Additional Services under
this Section 4 would be exceeded, then Additional Services may only be authorized by a written
amendment to this Agreement as provided for in Section 27.4 herein. CONSULTANT shall not
receive any compensation for Additional Services performed without the prior written
authorization of CITY.”
SECTION 4. The following exhibit(s) to the Contract is hereby amended, as indicated
below, to read as set forth in the attachment to this Amendment, which is hereby incorporated
in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 2”,
AMENDED, REPLACES PREVIOUS.
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2”,
AMENDED, REPLACES PREVIOUS.
c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 2”, AMENDED,
REPLACES PREVIOUS.
SECTION 5. 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 6. 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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(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
SCHAAF & WHEELER, CONSULTING
CIVIL ENGINEERS
Officer 1
By:_____________________________
Name:__________________________
Title:___________________________
Officer 2
By:____________________________
Name:_________________________
Title:__________________________
Attachments:
Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.
Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2”, AMENDED, REPLACES
PREVIOUS.
Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 2”, AMENDED, REPLACES PREVIOUS.
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Caitlin J. Tharp
Vice President RCE 76810
Vice President
Daniel J. Schaaf, Secretary
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EXHIBIT “A”
SCOPE OF SERVICES, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
Schaaf & Wheeler (CONSULTANT) will perform the Services as follows for final plan review
and construction observation services of the Stormwater Management Plan for the Public Safety
Building project located at 250 Sherman Avenue in Palo Alto:
Task 1: Final Review of Public Safety Building Stormwater Design Documents
1. Review of the draft Storm Management Plan and design documents prepared by Sandis.
2. Prepare a comment letter with a list of suggestions and specific comments.
3. Phone conversations with your design staff to resolve or clarify any comment questions.
4. Review of the revised plan.
5. Two copies of the Final Certification Form and summary letter for submittal to the City.
Task 2: Stormwater Construction Observation of Public Safety Building
1. Up to sixteen (16) site visits to observe three (3) remaining soil cells areas and five (5)
bioretention planters. The first site visits are to observe the soil cells, impermeable liner,
underdrain and rock prior to placement of the soil. The second visit will be to observe the
soil, overflow and plantings at time of installation and prior to occupancy. A total of sixteen
visits have been scoped to account for construction phasing and incorporation of
observation comments. It assumes at least three treatment measures will be ready for
observation at each visit. Photographs cannot be accepted in lieu of site visits.
Site visits in addition to those described are available at an additional cost. It is also the
owner/contractor’s responsibility to provide Schaaf & Wheeler with a minimum of two
days’ notice to schedule the site visits.
2. It is the owner/contractor’s responsibility to provide Schaaf & Wheeler with a minimum
of two days’ notice to schedule the site visit.
3. A final letter and certificate of approval form and any requested supporting data will be
provided for submittal to the City.
DocuSign Envelope ID: 8EDB914C-C3C4-43DA-83B5-E3EF166B32EA
Vers.: Aug. 5, 2019
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days or date specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt from CITY
of the notice to proceed (“NTP”).
Task Description Completion No. of Weeks
from NTP
1 Final Review of Public Safety Building
Stormwater Design Documents
20 weeks
2 Construction Observation of Public Safety
Building Bioretention and Silva Cells
243 weeks
DocuSign Envelope ID: 8EDB914C-C3C4-43DA-83B5-E3EF166B32EA
Vers.: Aug. 5, 2019
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EXHIBIT “C”
COMPENSATION, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule
below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-
1 up to the not to exceed budget amount for each task set forth below.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below.
The CITY’s Project Manager may approve in writing the transfer of budget amounts between any
of the tasks or categories listed below provided the total compensation for Basic Services,
including reimbursable expenses, and the total compensation for Additional Services do not exceed
the amounts set forth in Section 4 of this Agreement.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
Task 1 $4,000.00
Final Review of Public Safety Building
Stormwater Design Documents
Task 2 $5,600.00
Construction Observation of
Public Safety Building Bioretention and Soil Cells
Task 2 Amendment No. 2 $9,600.00
Construction Observation of
Public Safety Building Bioretention and Soil Cells
Sub-total Basic Services $19,200.00
Total Basic Services $19,200.00
Additional Services (Not to Exceed) $1,000.00
Maximum Total Compensation $20,200.00
ADDITIONAL SERVICES
The CONSULTANT shall provide Additional Services (as defined in Section 4) only by
advanced, written authorization from the CITY pursuant to a written amendment to this
Agreement per Section 27.4 of this Agreement. The CONSULTANT, at the CITY’s project
manager’s request, shall submit a detailed written proposal including a description of the
scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum
DocuSign Envelope ID: 8EDB914C-C3C4-43DA-83B5-E3EF166B32EA
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compensation, including any reimbursable expenses, for such services based on the rates set
forth in Exhibit C-1. The Additional Services scope, schedule and maximum compensation
shall be negotiated and agreed to in writing by the CITY’s Project Manager and
CONSULTANT prior to commencement of the services. Performance and payment for
Additional Services is subject to all requirements and restrictions in this Agreement.
DocuSign Envelope ID: 8EDB914C-C3C4-43DA-83B5-E3EF166B32EA