Resolution No. XX-2023 1 of 2
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH WEST COAST CODE CONSULTANTS, INC. (WC3) TO INCREASE THE CONTRACT IN THE AMOUNT OF $1,000,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $2,000,000 WHEREAS, the City of East Palo Alto Community and Economic Development (CEDD) will be experiencing a significant increase in development review activity in the coming years, exceeding the current staffing capacity; and
WHEREAS, the Building Division will require consultant support to address current development project application demand and comply with critical state mandates; and WHEREAS, in July 2019, the City Council directed staff to issue a Request for Qualifications (RFQ) for consulting services to support the City of East Palo Alto with building plan review services during the entitlement phase of incoming development projects; and WHEREAS, on September 17, 2019, the City Council adopted Resolution No. 5166 authorizing the City Manager to execute Master Consultant Agreements to support the City with processing of building plan review and inspection services; and
WHEREAS, in October 2019, the City Council directed staff to issue a Request for Qualifications (RFQ) for consulting services to support the City with building plan review services and inspection services beyond the entitlement phase of development; and WHEREAS, on December 17, 2019, the City Council adopted Resolution No. 5202 authorizing the City Manager to execute consulting agreements with West Coast Code Consultants, Inc. (WC3) and CSG Consultants, Inc. (CSG) with a total contract limit for all building-related professional services of $1,000,000 and a term expiration of June 30, 2022 with up to two (2) six-month extensions for Building Division services; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution No. 60-2022 authorizing the City Manager to amend the Consultant Agreement with WC3 for post-entitlement building services by extending the contract term by two-years with an option to extend for up to two (2) additional six-month extensions to address continued increases in development review activity, exceeding the current CEDD staffing capacity; and
WHEREAS, WC3 currently provides post-entitlement staff review, building inspection and other building-related professional services for the City’s Building Division. The first WC3 amendment for a contract term extension was approved to address the continued increase in development review activity, to address current development project application demand, and to comply with critical State mandates; and
WHEREAS, in addition to the continued increase in development review activity, the Building Division is not adequately staffed nor does the existing staff have the necessary experience or capacity Resolution No. XX-2023 2 of 2
to accommodate the continued work and demand of medium- to large-scale projects. Also, the Building Inspector role continues to be vacant, and it may take several months before the position is filled and the new staff are sufficiently trained; and
WHEREAS, due to the continued increase in development review activity and the current staffing capacity issues described above, staff recommends waiving the formal bid procedures so that the WC3 budget can be increased to provide supplemental staffing capacity and expertise for projects of all sizes, as determined by staff and consistent with the City’s Developer Reimbursement protocols. If the City were to go out for bids, the City would lose WC3’s advantage of familiarity with currently existing projects under plan review and construction/development.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes the City Manager to:
1. Find the foregoing recitals are true and correct and incorporated by reference into this action;
2. Waive the formal bid procedures under section 2.84.070(D) of the Municipal Code;
3. Execute a second amendment to the Consultant Agreement with WC3 for post-entitlement building services by increasing the contract by $1,000,000 for a total not-to-exceed amount of $2,000,000; and
4. Authorize WC3 to provide consultant services for any building-related professional services project in East Palo Alto, as determined by City staff and consistent with the City’s Developer Reimbursement protocols.
PASSED AND ADOPTED this 2nd day of May 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, City Clerk John D. Lê, City Attorney