SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the "Second Amendment"), is dated for purposes of identification only as of by and between the CITY OF ANAHEIM, a municipal corporation and charter city (the "City"), and CSG CONSULTANTS, INC., a California corporation (herein referred to as "Consultant"), with reference to the following:
A. The City and Consultant entered into that certain Professional Services Agreement dated as of July 1, 2020, which is incorporated herein by this reference (the "Original Agreement").
B. Under the terms of the Original Agreement, Consultant provides staffing support services on an as-needed basis for inspection, plan check and permit processing services (the "Services").
C. The City and Consultant entered into that certain First Amendment to Professional Services Agreement dated as of March 7, 2023, which is incorporated herein by this reference (the "First Amendment"), whereby the City and Consultant agreed to amend, modify and supplement certain portions of the Original Agreement to increase the Maximum Compensation to TWO MILLION and 0/100 Cents ($2, 000, 000. 00). Collectively, the Original Agreement and First Amendment shall be referred to as the "Original Agreement".
D. The Term of the Original Agreement will terminate on June 30, 2025.
E. The City and the Consultant (each, a "Party" and, jointly, the "Parties") desire to amend the Original Agreement to increase the Maximum Compensation to TWO MILLION FD/E HUNDRED THOUSAND and 0/100 Cents ($2,500,000.00).
NOW, THEREFORE, the Parties hereby agree as follows:
Section 1. DeHned Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Exhibit B. The Schedule of Compensation (Exhibit B) is amended to include Exhibit B-l, which is attached hereto and incorporated herein by this reference.
Sections. Corn ensation. The Parties hereby agree that Paragraph 4. 1 of Section 4 (Amount of Compensation) of the Original Agreement is hereby amended to read in full as follows:
"4.1 Amount of Compensation. It is understood by and agreed between the Parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including sub-consultant fees, if any, and reimbursable expenses, shall not exceed the amount of TWO MILLION FP/E HUNDRED THOUSAND 1 DOLLARS and N0/100 ($2, 500, 000. 00) ("Maximum Compensation"), without the prior written authorization of City. City agrees to pay, and Consultant agrees to accept, as full compensation for Consultant's services, compensation based on the schedule and hourly rates shown on the Compensation Schedule attached as Exhibit B-l hereto and incorporated by this reference herein."
Section 4. Inte ration. This Second Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the Parties.
Section 5. Bindin Effect of Atlreement. Each of the Parties to this Second Amendment represents that the person signing this Second Amendment on behalf of such Party is fully authorized to execute the Second Amendment on behalf such Party and has the full legal authority to bind his or her respective Party to all of the terms, conditions and provisions of this Second Amendment and that no other approvals or consents are necessary in connection therewith. All terms and conditions of this Second Amendment shall be binding upon the Parties, their heirs, administrators, successors, representatives and/or assigns. [SIGNATURES BEGIN ON NEXT PAGE]
IN WITNESS HEREOF, the Parties enter into this Second Amendment on the year and day first above written.
"CONSULTANT"
CSG CONSULTANTS, INC.,
a California corporation
"CITY"
CITY OF ANAHEIM,
a municipal corporation and charter city
By:
Cyrus Kianpour
President
By-
Heather Alien
Acting Director of the Planning and
Building Department
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
ATTEST:
THERESA BASS, CITY CLERK
By:
Leonie H. Mulvihill
Assistant City Attorney^ ~\^\G
By
Theresa Bass
154090
CSG 2024 COMPENSATION SCHEDULE
CITY OF ANAHEIM
EXHIBIT B -1
Building Services Fee Schedule
Effective July 1, 2024
CSG Consultants' hourly rates for its current contract with the City, as well as adjusted rates for the coming year are provided in the table below. Plan review is based on a percentage of the agency's plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFts will be charged at the appropriate hourly rate below. RFIs for large developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the agency. Depending on project size and scope, CSG's percentage-based expedited plan review rate may be adjusted if mutually agreed upon between the agency and CSG.
REVIEW TYPE / ROLE
Full Plan Check Review by percentage
Plumbing, Mechanical & Electrical Plan
Check Review by percentage
Structural Plan Check Review by
Percentage
Expedited Plan Check Review by
Percentage
Plan Check Manager
Building Plan Review (Professional
Engineer)
Building Plan Review (Professional
Structural Engineer)
CASp Consultation
Expedited Plan Review
Certified Building Official
Certified Building Inspector
Certified Commercial Building Inspector
CASp Inspection
Permit Technician
Administrative Assistant
Overtime
CURRENT ALL INCLUSIVE FEE/ HOURLY
RATE
75% of City's Building Plan Check Fee
45% of City's Building Plan Check Fee
or 75% of City's P/M/E Plan Check Fees
45% of City's Building Plan Check Fee
100% of City's Building Plan Check Fee
$153
$141
$158
$141
1. 5 X Hourly Rate
$163
$108
$118
$141
$79
$113
1. 5 X Hourly Rate
July 1, 2024 - June 30, 2025 ALL
INCLUSIVE FEE/ HOURLY RATE
75% of City's Building Plan Check Fee
45% of City's Building Plan Check Fee or
75% of City's P/M/E Plan Check Fees
45% of City's Building Plan Check Fee
100% of City's Building Plan Check Fee
$159
$146
$164
$146
1. 5 X Hourly Rate
$169
$112
$123
$146
$82
$117
1. 5 X Hourly Rate
TERMS
All hourly rates include overhead costs including, but not limited to, salaries, benefits. Workers Compensation Insurance, and office expenses. Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. On July 1 of each following of the contract's start date, CSG will initiate a rate increase based on the change in CPI for the applicable region. CSG will invoice on a monthly basis for services rendered during the prior month. Unless otherwise agreed, payment terms are 30- days from receipt of invoice.
CONSULTANTS