HomeMy WebLinkAboutStaff Report 2506-4891CITY OF PALO ALTO
CITY COUNCIL
Monday, October 20, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
8.Approval of Five Items to Support the Fire Station 4 Replacement Project PE-18004: 1)
Construction Contract Number No. C26194287 with Beals Martin and Associates, Inc. in
an Amount Not to Exceed $11,530,676 and Authorization for the City Manager or Their
Designee to Negotiate and Execute Change Orders to the Contract up to a Not-to-Exceed
Amount $1,153,067; 2) Contract Amendment No. 1 to Contract No. S24188865 with
Schaaf & Wheeler Consulting Civil Engineers to Extend the Contract Term Through April
30, 2027; 3) Contract Amendment No. 1 to Contract No. S23185811 with Earth Systems
Pacific, Inc. to Extend the Contract Term Through February 28, 2027; 4) Amendment No. 1
to Contract C21179569 with Brown Reynolds Watford Architects, Inc. to Add $41,366,
Increasing the Not-to-Exceed Amount to $838,514 and Extend the Contract Term Through
June 30, 2027 for Construction Support Services; and (5) Amendment No. 1 to Contract
C24189293A with Cumming Management Group, Inc. to Extend the Contract Term
Through August 31, 2027; CEQA Status - Exempt under CEQA Guidelines Sections 15302
and 15303
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: October 20, 2025
Report #:2506-4891
TITLE
Approval of Five Items to Support the Fire Station 4 Replacement Project PE-18004: 1)
Construction Contract Number No. C26194287 with Beals Martin and Associates, Inc. in an
Amount Not to Exceed $11,530,676 and Authorization for the City Manager or Their Designee
to Negotiate and Execute Change Orders to the Contract up to a Not-to-Exceed Amount
$1,153,067; 2) Contract Amendment No. 1 to Contract No. S24188865 with Schaaf & Wheeler
Consulting Civil Engineers to Extend the Contract Term Through April 30, 2027; 3) Contract
Amendment No. 1 to Contract No. S23185811 with Earth Systems Pacific, Inc. to Extend the
Contract Term Through February 28, 2027; 4) Amendment No. 1 to Contract C21179569 with
Brown Reynolds Watford Architects, Inc. to Add $41,366, Increasing the Not-to-Exceed Amount
to $838,514 and Extend the Contract Term Through June 30, 2027 for Construction Support
Services; and (5) Amendment No. 1 to Contract C24189293A with Cumming Management
Group, Inc. to Extend the Contract Term Through August 31, 2027; CEQA Status - Exempt under
CEQA Guidelines Sections 15302 and 15303
RECOMMENDATION
Staff recommends that the City Council:
1. Approve and Authorize the City Manager or their designee to execute Construction
Contract Number No. C26194287 with Beals Martin and Associates, Inc. in an Amount
Not to Exceed $11,530,676 for the Fire Station No. 4 Replacement Project, Capital
Improvement Project PE-18004;
2. Authorize the City Manager or their designee to negotiate and execute one or more
change orders to the contract with Beals Martin and Associates, Inc. for related,
additional but unforeseen work that may develop during the project, the total value of
which shall not exceed $1,153,067;
3. Approve and authorize the City Manager or their designee to execute Amendment No. 1
to Contract S24188865 with Schaaf & Wheeler Consulting Civil Engineers to extend the
contract term through April 30, 2027 for construction support services;
4.Approve and authorize the City Manager or their designee to execute Amendment No. 1
to Contract S23185811 with Earth Systems Pacific to extend the contract term through
June 30, 2027 for construction support services;
5.Approve and authorize the City Manager or their designee to execute Amendment No. 1
to Contract C21179569 with Brown Reynolds Watford Architects, Inc. to add $41,366,
increasing the not-to-exceed amount of $838,514 and extend the contract term through
June 30, 2027 for construction support services; and
6.Approve and authorize the City Manager or their designee to execute Amendment No. 1
to Contract C24189293A with Cumming Management Group, Inc. to extend the contract
term through August 31, 2027 for construction management services.
EXECUTIVE SUMMARY
Approval of the attached construction contact and amendments to consultant agreements is
the next step in the delivery of a new Fire Station No. 4. The requested authorizations of
amendments are due to the added scope of including infrastructure for future Level 3 electric
vehicle chargers for fire apparatus.
BACKGROUND
Fire Station No. 4 is located at 3600 Middlefield Road. The fire station was built in 1953, does
not meet the Fire Department’s current or future needs, and does not effectively use the
current 0.6-acre portion of the property. The City Council included the replacement of Fire
Station No. 4 in the 2014 Council Infrastructure Plan.
Brown Reynolds Watford Architects (BRW Architects) was contracted to design the new station
in May 20221 and received Architectural Review Board (ARB) approval in September 2023. The
new station will be 8,011 square feet and will house a crew of five personnel and the following
apparatus: a fire engine, an ambulance, and a reserve engine. The design includes two drive-
through apparatus bays and a separate reserve bay, living quarters, five bedrooms for the crew,
exercise room, Captain’s office, and training room. The building will be a one-story, LEED-
certified, all-electric building and meet current seismic, accessibility, and regulatory code
requirements that are required to meet the Essential Services Buildings Seismic Safety Act
(ESBSSA).
In December 2024, the City expanded the project scope to include Level 3 electric vehicle
charger infrastructure. This update aligns with the City’s Sustainability and Climate Action Plan
(S/CAP) “80×30” goal—an initiative to reduce greenhouse gas emissions by 80% by the year
2030. The addition of EV charging stations prepares the facility for future electric fire
and emergency vehicles, including an electric ambulance and fire engine. BRW Architects
1 City Council, May 23, 2022; Agenda Item #2; SR #11691,
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=81678
conducted a feasibility study and submitted revised plans for permitting in March 2025.
Construction is expected to begin in October 2025 and be completed by Spring 2027.
In preparation for construction of the new fire station, the City completed a pre-qualification
process for potential contractors for Fire Station No. 4 in Fall 2024. Nine submissions were
received, and five bidders were qualified to bid. The City Council also approved the project to
be “substantially complex” under Public Contract Code Section 7201, resulting in the
construction contract including a higher retention amount of 10%.3
ANALYSIS
Staff recommends approval of Contract No. C261942874 for the construction of the Fire Station
No. 4 Replacement Project.
Solicitation Process
On June 30, 2025, a notice inviting formal bids for the Fire Station No. 4 Replacement Project
was posted on OpenGov, the City’s eProcurement platform. The bidding period was 59 calendar
days. Bids were received from two contractors on August 29, 2025. The bid details are listed on
the attached Bid Summary (Attachment A).
Table #1: Summary of Invitations for Bid
Project Bid Name/Number Fire Station No. 4 Replacement Project (IFB 194287)
Proposed Length of Project 18 months
# of Bid Packages Downloaded by Contractors 126
# of Bid Packages Downloaded by Builder’s
Exchanges
2
Total Days to Respond to Bid 59 calendar days
Mandatory Pre-Bid Meeting? Yes
Number of Company Attendees at Pre-bid Meeting 28
Number of Bids Received 2
Bid Price Range $11,530,676 to $12,413,000
Public Link to Solicitation https://procurement.opengov.com/portal/palo-alto-
ca/projects/180044
Bids ranged from $11,530,676 to $12,413,000 and from 4% to 10% below the engineer’s
estimate of $12,872,324. Staff reviewed the bids submitted and recommends the acceptance of
the base bid and allowances submitted by Beals Martin and Associates, Inc. in the amount of
$11,530,676, and that Beals Martin and Associates, Inc. be declared the lowest responsible
bidder. The construction contingency amount of $1,153,067, which equals 10% of the contract
3 City Council, June 10, 2024; Agenda Item #5; SR #2405-2973,
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82886
4 Beals Martin and Associates Inc. Construction Contract for Fire Station No. 4 Replacement Project (C26194287)
https://www.paloalto.gov/files/assets/public/v/1/public-works/engineering-services/cip-contracts/c26194287-
beals-martin-inc-fire-station-4-cc-final.pdf
value, is requested for related, additional, but unforeseen work which may develop during the
project, implemented via City-approved Change Order.
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
Fire Station No. 4 Replacement Project
IFB #194287
Bid Item Description
Engineer's Estimate Beals Martin and
Associates, Inc.
Gonsalves & Stronck
Construction Company, Inc.
Task 1 Base Bid 12,787,324.00$ 11,445,676.00$ 12,328,000.00$
Task 2 Public Art Allowance $ 10,000.00 10,000.00$ 10,000.00$
Task 3 Unforeseen Conditions Allowance $ 75,000.00 75,000.00$ 75,000.00$
Task 4 Reduce photovoltaic system from a 58 kW system to 15 kW system $ 279,500.00 75,921.00$ 60,000.00$
Subtotal 12,872,324.00$ 11,530,676.00$ 12,413,000.00$
Contingency 1,153,067.60$ 1,241,300.00$
Total Not-to-Exceed 12,683,743.60$ 13,654,300.00$
-10%-4%
Under Under
Date Completed: 08/28/2025
Deuctive Alternate Bid Total
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Page 1 of 4
AMENDMENT NO. 1 TO CONTRACT NO. S24188865
BETWEEN THE CITY OF PALO ALTO AND
SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS
This Amendment No. 1 (this “Amendment”) to Contract No. S24188865 (the “Contract” as
defined below) is entered into as of September 8, 2025, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and SCHAAF & WHEELER CONSULTING CIVIL
ENGINEERS, a California corporation, located at4699 Old Ironsides Drive, Suite 350, Santa Clara, CA
95054 (“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 reviewing, certifying, and observing installation of the Storm Water
Management Plan in connection with the construction of the new Fire Station No. 4, as detailed
therein.
B.Per PAMC 2.30.280(2), the Parties now wish to amend the Contract in order to
extend the contract term through April 30, 2027, with no additional cost payable by the City, 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. S24188865 between
CONSULTANT and CITY.
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 April 30, 2027 unless
terminated earlier pursuant to Section 19 (Termination) of 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:
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a.Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”,
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
SCHAAF & WHEELER, CONSULTING
CIVIL ENGINEERS
Officer 1
By:_________________________
Name:______________________
Title:_______________________
Officer 2
By:_________________________
Name:______________________
Title:_______________________
Attachments:
Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”, AMENDED, REPLACES
PREVIOUS.
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Caitlin Tharp, Vice President
Vice President RCE 76810
Vp
Daniel J. Schaaf, Secretary
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EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number of
weeks 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 of the notice to proceed (“NTP”)
from the CITY.
Milestones Completion
Number of Days/Weeks (as specified below)
from NTP
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the
case of Additional Services, provided in all cases that the schedule of performance shall fall
within the term as provided in Section 2 (Term) of this Agreement.
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AMENDMENT NO. 1 TO CONTRACT NO. S23185811
BETWEEN THE CITY OF PALO ALTO AND
EARTH SYSTEMS PACIFIC
This Amendment No. 1 (this “Amendment”) to Contract No. S23185811 (the “Contract” as
defined below) is entered into as of September 8, 2025, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and Earth Systems Pacific, a California
corporation, located at 48511 Warm Springs Boulevard, Suite 210, Fremont, CA 94539
(“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 provide geographical engineering study update, as detailed therein.
B. The Parties now wish to amend the Contract in order to extend the contract through
February 28, 2027.
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. S23185811 between
CONSULTANT and CITY, dated January 31, 2023, as amended by:
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 February
30, 2027, unless terminated earlier pursuant to Section 19 (Termination) of this
Agreement.”
SECTION 4. 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 “Schedule of Performance”, AMENDED, REPLACES
PREVIOUS.
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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.
(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 (Contract over $85k)
APPROVED AS TO FORM:
City Attorney or designee
(Contract over $25k)
CONSULTANT
EARTH SYSTEMS PACIFIC
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments:
Exhibit “B” entitled “SCHEDULE OF PERFORMANCE” (AMENDED, REPLACES PREVIOUS)
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Ajay Singh
Principal Engineer
Ji Shin
President/Secretary
EXHIBIT “B-1”
SCHEDULE OF PERFORMANCE
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks 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
of the notice to proceed.
Milestones Completion
No. of Weeks
From NTP
1. Geotechnical Engineering Study Update
& Liquefaction Analysis 5
2. Plan Review 8
3. Observation and Testing Services during Site Grading 187
4. Environmental Soil Sampling, Test, and Consultation 5
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AMENDMENT NO. 1 TO CONTRACT NO. C21179569
BETWEEN THE CITY OF PALO ALTO AND
BROWN REYNOLDS WATFORD ARCHITECTS, INC
This Amendment No. 1 (this “Amendment”) to Contract No.C21179569 (the “Contract” as
defined below) is entered into as of September 15, 2025, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and BROWN REYNOLDS WATFORD
ARCHITECTS, INC., a Texas corporation, located at 1620 Montgomery Street, Suite 320, San
Francisco, CA 94111 (“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 design and construction administration for the construction of Fire Station No.
4, as detailed therein.
B. The Parties now wish to amend the Contract in order to extend the contract term
through June 30, 2027, and increase compensation from by Forty-One Thousand Three Hundred
Thirty-Six Dollars ($41,336) from Seven Hundred Ninety-Seven Thousand One Hundred Seventy-
Eight Dollars ($797,178) to Eight Hundred Thirty-Eight Thousand Five Hundred Fourteen Dollars
($838,514), 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. C21179569
between CONSULTANT and CITY.
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 June 30, 2027
unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.”
SECTION 3. 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 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
Seven Hundred Sixty-six Thousand, Four Hundred Ninety-Eight Dollars ($766,498.00). The hourly
schedule of rates, if applicable, is set out in 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 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 Seventy-Two Thousand Sixteen Dollars ($72,016.00) 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 Eight Hundred Thirty-Eight Thousand Five Hundred Fourteen Dollars ($838,514).
“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. 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 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, or a negotiated lump sum.
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 4. 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:
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a. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”,
AMENDED, REPLACES PREVIOUS.
b. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1”, AMENDED,
REPLACES PREVIOUS.
c. Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1”,
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.
(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
BROWN REYNOLDS WATFORD
ARCHITECTS, INC.
Officer 1
By:____________________________
Name:_________________________
Title:__________________________
Officer 2
By:____________________________
Name:_________________________
Attachments:
Exhibit “B” entitled “SCHEDULE OF PERFROMANCES, AMENDMENT NO. 1”, AMENDED,
REPLACES PREVIOUS
Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS
Exhibit “C-1” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1”, AMENDED, REPLACES
PREVIOUS
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Craig Reynolds, Principal
Principal
Principal
Mark E. Watford
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EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number of
days/weeks 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 of the notice to
proceed (NTP).
Milestones Completion
No. of Weeks From NTP
1. Task 1 – Schematic Design 18 weeks
2. Task 2 – Design Development 52 weeks
3. Task 3 - Construction Documents 103 weeks
4. Task 4 – Construction Administration 183 weeks
5. Task 5 – LEED Certification 253 weeks
of this Agreement) Agreement per the schedule approved by
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of
Additional Services, provided in all cases that the schedule of performance shall fall within the term
as provided in Section 2 (Term) of this Agreement.
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EXHIBIT C
COMPENSATION, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate 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 rate schedule attached as Exhibit C-1 up to the not to exceed budget
amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the
tasks or categories listed below, provided that the total compensation for the Services, including
any specified reimbursable expenses, and the total compensation for Additional Services (if any,
per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this
Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional
Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses
incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE NOT TO EXCEED AMOUNT
SERVICES Phase 1 Phase 2 Phase 3 ROW
Task 1 - Schematic Design $117,800 $117,800
Task 2 - Design Development $152,700 $152,700
Task 3 - Construction Documents $ 229,400 $229,400
Task 4 - Construction Administration (FY2023
Funds will be used on an as-needed basis for $199,136 $199,136
Task 5 - LEED Certification $11,952 $19,522 $8,366 $39,840
Task 6 – Microgrid Design Allowance $22,622 $22,622
TOTAL BASIC SERVICES $305,074 $248,922 $207,502 $761,498
REIMBURSABLE EXPENSES* (as specified in $5,000* $5,000*
SUBTOTAL (Basic Services & Reimbursable $310,074 $248,922 $207,502 $766,498
Docusign Envelope ID: 7BF4DE3B-E7C7-4210-8494-C78E7D976374
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Page 7 of 8
SERVICES Phase 1 Phase 2 Phase 3 ROW
ADDITIONAL SERVICES* (if any, per Section 4)$72,016 $72,016*
TOTAL NOT-TO-EXCEED AMOUNT $382,090 $248,922 $207,502 $838,514
* The not-to-exceed amounts for Reimbursable Expenses and Additional Services may each,
respectively, be utilized across all Phases of the Agreement, even though these respective not-to-
exceed amounts may not show in all Phases in the table above. These specified not-to-exceed
amounts are cumulative across all Phases; they are not necessarily per-Phase amounts.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative
support time/overtime, information systems, software and hardware, photocopying,
telecommunications (telephone, internet), in-house printing, insurance and other ordinary business
expenses, are included within the scope of payment for Services and are not reimbursable
expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed
at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are:
1. Shipping of submittal items for staff Design Review Committee and Architectural Review Board
including, but not limited to, materials boards, plans, and other supporting documentation
2. Printing for documents as requested by the City during design and construction
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $500 shall be approved in advance by the CITY’s Project
Manager.
Docusign Envelope ID: 7BF4DE3B-E7C7-4210-8494-C78E7D976374
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EXHIBIT “C-1”
SCHEDULE OF RATES, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT’s not-to-exceed hourly rate schedule under this Agreement is as provided below
in this Exhibit C-1, covering CONSULTANT and its subconsultants, if applicable. Overtime may only
be charged if specific approval was granted in writing by the City’s Project Manager in
advance. Any overtime incurred without such approval shall be at the CONSULTANT’s own
expense to the extent it is above the hourly rates provided in this Exhibit C-1.
CONSULTANTS (BRW ARCHITECTS)
Title
Principal
Project Architect /
Project Manager
Project Coordinator
Project Designer
Drafter / BIM
Modeling / Animations
Administrative
Assistant
SUBCONSULTANTS
Title
Principal Engineer/
Principal Landscape
$210 $214 $218
Principal Landscape
$210 $214 $218
$180 $183 $186
$150 $153 $156
$120 $122 $124
$80 $81 $82
$40 $41 $42
Mark-up % on sub-consultants 10%
Docusign Envelope ID: 7BF4DE3B-E7C7-4210-8494-C78E7D976374
Vers.: Aug. 5, 2019
Page 1 of 5
AMENDMENT NO. 1 TO CONTRACT NO. C24189293A
BETWEEN THE CITY OF PALO ALTO AND
CUMMING MANAGEMENT GROUP, INC.
This Amendment No. 1 (this “Amendment”) to Contract No. C24189293A (the “Contract”
as defined below) is entered into as of September 29, 2025 by and between the CITY OF PALO
ALTO, a California chartered municipal corporation (“CITY”), and CUMMING MANAGEMENT
GROUP, INC., a California corporation, located at 25220 Hancock Avenue, Suite 440, Marietta, CA
92562 Department of Industrial Relations (DIR) Registration Number PW-LR-100068970
(“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 provide construction management services in connection with the
Fire Station No. 4 Project, as detailed therein.
B. The CITY and NOVA Partners, Inc. entered into the Contract (defined below). Pursuant
to the Consent to Novation (detailed below) executed between NOVA Partners, Inc., Cumming
Management Group, Inc., and CITY, wherein Cumming Management Group, Inc. was transferred
the obligations of the CONSULTANT under the Contract and Cumming Management Group, Inc.
thereby became the CONSULTANT under the Contract.
C. The Parties now wish to amend the Contract in order to extend the contract term
through August 31, 2027 no additional cost to the City, 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. C24189293
between CONSULTANT and CITY, dated December 18, 2023, as assigned to
Cumming Management Group, Inc. pursuant to the Consent to Novation
to Contract No. C24189293A between NOVA Partners, Inc., Cumming
Management Group, Inc., and CITY, wherein Cumming Management
Group, Inc. was transferred the obligations of the CONSULTANT under the
Contract and Cumming Management Group, Inc thereby became the
CONSULTANT under the Contract,
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
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Page 2 of 5
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 August 31, 2027
unless terminated earlier pursuant to Section 19 (Termination) of 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 SCHEDULE OF PERFORMANCE,
AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS.
b. Exhibit “C” entitled “EXHIBIT C-1, SCHEDULE OF RATES, AMENDMENT NO.
1, 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
CUMMING MANAGEMENT GROUP,
INC.
Officer 1
By:____________________________
Name:_________________________
Title:__________________________
Officer 2
By:___________________________
Name:________________________
Title:_________________________
Attachments:
Exhibit “B” entitled “EXHIBIT B SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”, AMENDED,
REPLACES PREVIOUS.
Exhibit “C” entitled “EXHIBIT C-1 SCHEDULE OF RATES, AMENDMENT NO. 1”, AMENDED,
REPLACES PREVIOUS.
Docusign Envelope ID: 9252CC07-DBAC-45B9-AB1B-33A3E9D36912
Senior Vice President
Bob Olson, Senior Vice President
CFO
A. Al Jajeh, CFO
Vers.: Aug. 5, 2019
Page 4 of 5
EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number of
days/weeks 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 of the
notice to proceed (“NTP”) from the CITY.
Milestones
Completion
Number of Days/Weeks (as specified below)
from NTP
1. Preconstruction Services 27 weeks
2. Construction Management Services 115 weeks
3. Budget and Schedule Management 115 weeks
4. Testing and Special Inspections 115 weeks
5. Photographic Recording 115 weeks
6. Allowance for Additional Testing 115 weeks
7. Deconstruction and Construction
Materials Management
115 weeks
8. Post-Construction Services 193 weeks
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in
Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case
of Additional Services, provided in all cases that the schedule of performance shall fall within the
term as provided in Section 2 (Term) of this Agreement.
Docusign Envelope ID: 9252CC07-DBAC-45B9-AB1B-33A3E9D36912
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EXHIBIT C-1
SCHEDULE OF RATES, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT’s schedule of rates is as follows:
Role 2023 Rates 2024 2025 2026 2027
Principal $ 223.00 $ 223.00 $ 223.00 $ 223.00 $ 227.46
Project Director $ 215.00 $ 215.00 $ 215.00 $ 215.00 $ 219.30
Sr. Project Mgr $ 206.00 $ 206.00 $ 206.00 $ 206.00 $ 210.12
Project Mgr $ 181.00 $ 181.00 $ 181.00 $ 181.00 $ 184.62
Admin Support $ 150.00 $ 150.00 $ 150.00 $ 150.00 $ 153.00
Sr Estimate / Sr Cost Mgr $ 206.00 $ 206.00 $ 206.00 $ 206.00 $ 210.12
Scheduler $ 206.00 $ 206.00 $ 206.00 $ 206.00 $ 210.12
Estimator $ 187.00 $ 187.00 $ 187.00 $ 187.00 $ 190.74
Docusign Envelope ID: 9252CC07-DBAC-45B9-AB1B-33A3E9D36912