Vers.: Aug. 5, 2019
AMENDMENT NO. 2 TO CONTRACT NO. C21178333
BETWEEN THE CITY OF PALO ALTO AND
BLACK & VEATCH CORPORATION
This Amendment No. 2 (this “Amendment”) to Contract No. C21178333 (the “Contract” as defined below) is entered into as of June 3, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BLACK & VEATCH CORPORATION , a Delaware Corporation , located at 2999 Oak Road, Suite 490, Walnut C reek, CA 94597 (“CONSULTANT”). CITY and CONSULTANT are referred to collect ively as the “Part ies” 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 to provide design and engineering services for the Advanced Water Purification System, as detailed therein.
B. The Parties entered in to Amendment No. 1 to update Exhibit C-1 Schedule of Rates, with no additional cost to the City, as detailed therein.
C. The Parties now wish to amend the Contract in order to (1) extend the contract term by thirty (30) mon ths, from June 30, 2024 to December 31, 202 7; (2) update Exhibit B Schedule of Performance , with no additional cost payable by the City; and (3) add Exhibit C-2 Schedule of Rates, 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. C21178333 between CONSULTANT and CITY, dated March 8, 2021, as amended by:
Amendment No. 1, dated December 20, 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 Agre ement shall be from the date of its full execution through December 31, 2027 unless terminated earlier pursuant to Section 19 of this Agreement.”
DocuSign Envelope ID: 40267B13-B29A-43FB-85BA-FBEF073BFA0D Vers.: Aug. 5, 2019
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 “ Schedule of Performanc e, A mendment No. 2 ”, AMENDED, REPLACES PREVIOUS.
b. Exhibit “C-2” entitled “Schedule of Rates, Amendment No. 2”, ADDED.
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 recit als set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: 40267B13-B29A-43FB-85BA-FBEF073BFA0D Vers.: Aug. 5, 2019
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
BLACK & VEATCH CORPORATION
Officer 1
By:________________________
Name:_____________________
Title:_______________________
Officer 2
By:_________________________
Name:______________________
Title:________________________
Attachments:
Exhibit B: “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2” (AMENDED, REPLACES
PREVIOUS)
Exhibit C-2: “SCHEDULE OF RATES, AMENDMENT NO. 2” (ADDED)
DocuSign Envelope ID: 40267B13-B29A-43FB-85BA-FBEF073BFA0D Craig Lichty, Vice President, Client Director
Vice President
Senior Vice President
Angela Hoffman, Chief Financial Officer, Water Americas Business
Vers.: Aug. 5, 2019
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/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project manager s for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a det ailed 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. Kickoff Meeting
01 2. 100% design of Odor Control System (Task 2)
32 3. 60% design of Phase 1 AWPS (1.125 MGD) (Task 1)
43 4. 100% design of Phase 1 AWPS (1.125 MGD) (Task 1)
186
5. Services during Bidding of Odor Control System (Task 6)
209
6. Services during Bidding of Phase 1 AWPS (Task 5)
209
7. Services during Construction of Odor Control System (Task 6)
355
8. Services during Construction of Phase 1 AWPS (Task 5)
355
9. 100% design of Phase 2 AWPS (2.25 MGD) (Task 3)
355
The Parties acknowledge that this Agreement is being entered into in the context of a pandemic (known as the COVID-19 pandemic), which has the potential to cause disruptions and delays to the work beyond the Parties’ reasonable control. The Parties agree t hat an ac tual delay directly required by compliance with COVID-19 governmental orders or regulations, and not due to fault or negligence of the CONSULTANT, may be considered an excusable delay (as below) in accordance with this section. CONSULTANT may be entitled to an equitable adjustment in schedule in the event such COVID-19-related delays occur, but only to the extent reasonably required based upon the circumstances, as agreed in writing by the CITY’s Project Manager.
DocuSign Envelope ID: 40267B13-B29A-43FB-85BA-FBEF073BFA0D Vers.: Aug. 5, 2019
A COVID-19-related excusable delay will not be a default or a ground for termination for cause of the Agreement, provided that the CONSULTANT provides the CITY with prompt and detailed notice of the COVID-19-related delay as soon as is reasonably feasible under the circumstances and uses reasonable efforts to overcome the effects of such delay as promptly as reasonably feasible under the circumstances. Notwithstanding the above provisions of this Section, in the event of a period of nonperformance by CONSULTANT lasting more than thirty (30) days due to a COVID-19-related delay, CITY may elect to terminate this Agreement pursuant to Section 19 (Termination) herein.
DocuSign Envelope ID: 40267B13-B29A-43FB-85BA-FBEF073BFA0D Vers.: Aug. 5, 2019
EXHIBIT “C-2”
SCHEDULE OF RATES, AMENDMENT NO. 2
(ADDED)
Black & Veatch 2027 Bill Rates held through December 2027:
Black & Veatch Classification
2027
Billing
Rates
Client Director, Sr. Project Manager, Sr. Quality Manager (Grade 9)
$353.00
Project Manager, Sr. Engineer (Grade 8) $334.00
Project Manager, Sr. Engineer (Grade 7) $312.00
Engineer/Scientist (Grade 6) $289.00
Engineer/Scientist (Grade 5), BIM Manager (Tech 8) $261.00 Engineer/Scientist (Grade 4), Sr. BIM (Tech 7) $247.00
Engineer/Scientist (Grade 3), BIM Lead (Tech 6) $221.00 Engineer/Scientist (Grade 2), BIM (Tech 5) $184.00
Engineer/Scientist (Grade 1), BIM (Tech 4) $171.00
BIM/CAD (Tech 3) $151.00
CAD (Tech 2), Administrative Assistant $139.00
CAD (Tech 1), Engineering Intern $131.00
DocuSign Envelope ID: 40267B13-B29A-43FB-85BA-FBEF073BFA0D