Vers.: Aug. 5, 2019
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.
Docusign Envelope ID: 9252CC07-DBAC-45B9-AB1B-33A3E9D36912 Vers.: Aug. 5, 2019
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)
Docusign Envelope ID: 9252CC07-DBAC-45B9-AB1B-33A3E9D36912 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
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
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 Vers.: Aug. 5, 2019
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