FIRST AMENDMENT TO
AGREEMENT BETWEEN
CITY OF EAST PALO ALTO
AND
WEST COAST CODE CONSULTANTS, INC.
This First Amendment to the Contractor and Professional Services Agreement made and entered into on December 17, 2019, (“Principal Agreement”), between West Coast Code Consultants, Inc., a California corporation, (“Contractor”), and the City of East Palo Alto, a municipal corporation, (“City”), is made and dated for reference May 17, 2022.
Contractor and City do mutually agree as follows:
1. Revised Section. Section 3 of the Principal Agreement, entitled “Term” is hereby repealed and replaced with the following:
“The term of this Agreement, as amended, shall commence on December 17, 2019 and shall continue in full force and effect until June 30, 2024 with up to two (2) six-month extensions.”
2. Revised Exhibit B, Section 1. Exhibit B, Section 1 of the Principal Agreement, entitled “Consultant’s Compensation” is hereby repealed and replaced with the following:
City agrees to pay Contractor, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement, as amended, and for all authorized reimbursable expenses. Commencing July 1, 2022, the rates shall be subject to an annual cost of living adjustment based upon the Consumer Price Index. There is no change to the total not to exceed amount.
Integration. This Amendment, including all exhibits, if any, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Amendment. This Amendment shall not be amended or modified except by a written agreement executed by each of the parties hereto. Except as specifically revised herein, all terms and conditions of the Agreement, and all prior amendments, if any, shall remain in full force and effect, and Contractor shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, and any prior amendment, if any, the provisions of this Amendment shall control in all respects.
4. Ambiguities. The parties acknowledge that they have had the opportunity to have this Amendment reviewed by their respective legal counsel, and that the terms and conditions of this Amendment are not to be construed against any party on the basis of such party's draftsmanship thereof.
DocuSign Envelope ID: 275836CC-51F7-46E5-8FA8-4D091F01CFA6
5. Counterparts. This Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Facsimile Signature; Electronic Signature. This Amendment shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise. Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of the Agreement.
The failure to send an original shall not affect the binding nature of this Amendment.
7. Authority. The person signing this Amendment for Contractor hereby represents and warrants that he or she is fully authorized to sign this Amendment on behalf of Contractor.
IN WITNESS WHEREOF, the parties have entered into this First Amendment as of the day and yearstated above.
[Signatures on the following page]
DocuSign Envelope ID: 275836CC-51F7-46E5-8FA8-4D091F01CFA6 West Coast Code Consultants, Inc.,
a California corporation
By:
Donald Zhao
Senior Project Manager
DATE: ____________________
2017-3379
East Palo Alto Business License No.
CITY OF EAST PALO ALTO,
a municipal corporation
By:________________________
Patrick Heisinger
Interim City Manager
DATE:_____________________
ATTEST:
By:________________________
James Colin, City Clerk
APPROVED AS TO CONTENT:
__________________________
Amy Chen
Director of Community & Economic
Development
APPROVED AS TO FORM:
Valerie J. Armento
Interim City Attorney
DocuSign Envelope ID: 275836CC-51F7-46E5-8FA8-4D091F01CFA6 6/29/2022 6/29/2022
Attn: Jessica Y. Caballero
Community & Economic Development
City of East Palo Alto
1960 Tate Street
East Palo Alto, CA 94303
P: (650) 853.3142
E: [email protected]
Cost Proposal with effect from July 1, 2022
PREPARED FOR:
City of East Palo Alto, California
Community & Economic Department
Building Division
West Coast Code Consultants, Inc.
5000 Executive Parkway, Suite 510
San Ramon, CA 94583
PROJECT CONTACT:
Donald Zhao, PE
Vice-President
417 Grand Avenue, Suite 201
South San Francisco, CA 94080
P: (650) 754.6353
E: [email protected]
West Coast Code Consultants, Inc.
Teaming with Your Community to Make a Difference
Revised Exhibit B-1
DocuSign Envelope ID: 275836CC-51F7-46E5-8FA8-4D091F01CFA6 WC³’s Statement on Proposed Fees
May 2022
As you are aware, over the past few years, there has been an unprecedented increase in cost of living throughout the United States, and especially here in California. The table below is an extract of CPI-U (Consumer Price Index-Urban) data from U.S. Bureau of Labor Statistics which highlights the increased cost of living that has occurred since 2016:
These increases in cost of living have created enormous challenges to WC³ in terms of resourcing quality staff as well as retaining our existing team members. Though our billable rates have not changed for the past few years, we have continued to try to adjust the salaries of our staff to help meet their needs. This has created significant pressure on WC³’s operations, as with most businesses.
As a result, you will find that our rates have significantly increased, as noted in the attached proposal. We understand that these increases are significant and would be happy to discuss them with you at any time. Should you have any questions please feel free to reach out to me via email or phone [[email protected], (925) 766-5600].
Sincerely,
Giyan Senaratne, S.E., P.E., LEED Ap.
Principal/CEO
Source U.S. Bureau of Labor Statistics
https://data.bls.gov/timeseries/CUUR0000SA0?years_option=all_years Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Yearly
Increase %
Cumulative
%
2016 236.916 237.111 238.132 239.261 240.229 241.018 240.628 240.849 241.428 241.729 241.353 241.432 2.50% 102.50% 2017 242.839 243.603 243.801 244.524 244.733 244.955 244.786 245.519 246.819 246.663 246.669 246.524 2.07% 104.62% 2018 247.867 248.991 249.554 250.546 251.588 251.989 252.006 252.146 252.439 252.885 252.038 251.233 1.55% 106.25% 2019 251.712 252.776 254.202 255.548 256.092 256.143 256.571 256.558 256.759 257.346 257.208 256.974 2.49% 108.89% 2020 257.971 258.678 258.115 256.389 256.394 257.797 259.101 259.918 260.280 260.388 260.229 260.474 1.40% 110.41% 2021 261.582 263.014 264.877 267.054 269.195 271.696 273.003 273.567 274.310 276.589 277.948 278.802 7.48% 118.67% 2022 281.148 283.716 287.504 289.109 292.296 9.52% 129.96% CPI for All Urban Consumers (CPI-U)
Original Data Value
5000 EXECUTIVE PARKWAY, STE 510
SAN RAMON, CA 94583
OFFICE: (925) 275-1700
FAX: (925) 275-0600
DocuSign Envelope ID: 275836CC-51F7-46E5-8FA8-4D091F01CFA6 Teaming with Your Community to Make a Difference | www.WC-3.com 1 2 WC3 proposes the following fees based on a percentage of the plan review fees collected by the City of East Palo Alto.
PLAN REVIEW PROPOSED FEES
PLAN REVIEW SERVICES CONTRACT RATE
Comprehensive Building Plan Review 60% of Plan Review Fees Collected by the City Expedited Plan Review 150% of Regular Plan Review Fees
Fourth & Subsequent Plan Reviews $128.75 / Hour
Structural Only Plan Reviews $144.25 / Hour
Revisions/Deferred Submittals, RFIs/ASIs $128.75 / Hour Electronic Plan Review and Auto-Coordination
All off-site percentage and hourly plan reviews
City of East Palo Alto could use our electronic system
No additional Cost
Plan review services include an initial review, a second review, and a minor third review (if needed) for approval of the plans. Any additional time required beyond the third plan review will be billed on an hourly basis, with prior approval by the City, per the Hourly Billing Rates indicated above.
Pick-up and delivery fees are not charged to the City but processed through WC3’s established account. Preliminary plan reviews, review of revisions after a project has been approved, review of shop drawings, and review of deferred submittals will be completed on an hourly basis with a mutually acceptable not-to-exceed amount.
Staff assigned to work in-house at the City of East Palo Alto will be billed at the hourly rate provided below and invoiced monthly.
HOURLY RATES SCHEDULE
BUILDING DEPARTMENT SERVICES HOURLY RATES
Interim / Deputy Certified Building Official $154.50 / Hour CASp Plans Examiner / Inspector $144.25 / Hour
Structural Engineer $144.25 / Hour
On-Site Plan Review $128.75 / Hour
Off-Site Plan Review $128.75 / Hour
Code Enforcement Officer $118.50 / Hour
Senior Building Inspector $118.50 / Hour
Building Inspector III $113.50 / Hour
Building Inspector II $108.25 / Hour
Building Inspector I $103.00 / Hour
Permit Technician $75.00 / Hour
DocuSign Envelope ID: 275836CC-51F7-46E5-8FA8-4D091F01CFA6 Teaming with Your Community to Make a Difference | www.WC-3.com The proposed hourly rates are applicable through June 30, 2023. Hourly rates are subject to an annual increase based on a minimum 3% cost of living, the Engineering News Record’s (ENR), Construction Cost Index (CCI), or Consumer Price Index (CPI-U); whichever is greater.
Proposed hourly rates for Inspection Services are not applicable to prevailing wage assignments. Any prevailing wage assignment rates submitted to the jurisdiction will comply with State of California Department of Industrial Relations (DIR) regulations.
WC3’s Rate Schedule of Proposed Hourly Rates displays our firm’s proposed rate structure for building plan review services, as well as additional inspection and on-site professional services as an option.
On-site services (Interim CBO, In-house Plan Review, Code Enforcement, Inspections, and Permit Technician services) will be provided in four (4) hour segments. On-site services beyond forty (40) hours a week, overtime work, holiday work, weekend work, etc. will be invoiced as follows:
• Overtime – One Hundred Fifty Percent (150%) of regular rates. Overtime is defined as working more than Forty (40) Hours a week or more than eight (8) hours a day or more than six (6) consecutive days in a week. • Double Overtime – Two Hundred Percent (200%) of regularrates. Double Overtime is defined as working more than Twelve (12) hours a day or working more than Eight (8) hours on the seventh consecutive day ofwork.
• Holidays and Weekends – Two Hundred Percent (200%) of regularrates.
Reimbursable, Courier/Delivery, and Mileage Expenses
If applicable, WC3 proposes that reimbursable expenses (i.e. specialized equipment rental or printing costs) will be authorized prior to charge and billed at actual cost, without mark-up. WC3 will use our established shipping service to pick up documents for courier/delivery to and from our WC3 office(s) at no additional cost to the City of East Palo Alto.
Invoicing Procedures
At the beginning of each month, WC3 will furnish to the City of East Palo Alto an invoice and a statement of the work performed for compensation during the preceding month.
2 DocuSign Envelope ID: 275836CC-51F7-46E5-8FA8-4D091F01CFA6