Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Page: 1 of 2 Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
Third Amendment to
Standard City of San José Consultant Agreement
(Capital Projects)
Consultant’s Name: Cal Engineering & Geology, Inc
(CPMS Contract No. 8827 – FEMA – Kelley Park Storm Outfall Repair (SCSJC88/PW1137) and Alum Rock Mineral Springs Bridge Embankment (SCSJG01/PW745))
(Standard Agreement AC No. 29869-001 and 29869-002)
Records Database Contract No.: 663972
This Amendment is made and entered into on the date that it is fully executed by the Parties (“Contract Date”).
The City and Consultant amend the above-referenced agreement as set forth herein.
1. Capitalized words in this Amendment have the same meaning as in the Agreement.
2. The provisions of this Agreement and any previous amendments not modified by this Amendment remain in full force and effect.
3. The provisions of this Amendment are effective upon execution of the Amendment by both parties.
4. Agreement Term: Section 2 is amended to extend the expiration date from October 31, 2024 to October 31, 2029. The Consultant did not provide services in anticipation of the Agreement’s execution. In no event will the City compensate the Consultant for services performed between October 31, 2024 through the execution of this Agreement.
5. Maximum Total Compensation: Subsection 10.2 is amended to Increase Decrease the Maximum Total Compensation from $754,540 to $642,801.
6. Agreement Section(s): Section(s) 7 is amended to read as set forth in Attachment A of the Amendment.
7. Scope of Basic Services – Exhibit A: The original First Revised Exhibit A is amended to read as set forth in the attached Second Revised Exhibit A, which is incorporated by reference into this Amendment.
8. Compensation – Exhibit B: The original First Revised Exhibit B is amended to read as set forth in the attached Second Revised Exhibit B, which is incorporated by reference into this Amendment.
9. Additional Service: The Consultant is authorized to perform the Additional Services set forth in the attached Additional Services Exhibit, which is incorporated by reference into this Amendment.
10. Consultant’s Name Change: Effective [insert date], the Consultant changed its name from [insert Consultant’s former name] to [insert Consultant’s current name], and remains the same legal entity bound by the terms and conditions of the Agreement. All references in the Agreement to [insert Consultant’s former name] shall be deemed references to [insert Consultant’s current name].
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CPMS Contract No.: 8827
Standard Agreement AC No. 29869-001 and 29869-002
Original Records Database Contract No.: 663972
Consultant Name: Cal Engineering & Geology, Inc.
Form Name: Amendment to Standard Consultant Agreement (Capital Project) Page: 2 of 2 Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
This Amendment is executed by the authorized representatives of the City and Consultant as follows:
City of San José
By {{__signer#}}
Name: Toni J. Taber, CMC
Title: City Clerk
Consultant
By {{__signer#}}
Name: Dan Peluso
Title: Principal Engineer
Approval as to Form (City Attorney):
Form Approved by the Office of the City Attorney.
(Maximum Total Compensation, as amended, is $100,000 or less, and the provisions of the form are not altered.)
Approved as to Form:
{{__signer#}}
Name: Andrew Malek
Title: Deputy City Attorney
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CPMS Contract No.: 8827
Standard Agreement AC No. 29869-001 and 29869-002
Original Records Database Contract No.: 663972
Consultant Name: Cal Engineering & Geology, Inc.
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised: 1 of 1 Attachment A: Agreement Provisions Amendment
Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
Attachment A
Agreement Provision Amendment(s)
(Capital Project)
This Attachment A is an attachment to the Third Amendment to Agreement.
The Section(s) set forth in the original Agreement, or in any previous amendment to the original Agreement, is/are amended as follows:
2. AGREEMENT TERM
The Agreement term is from the Contract Date to October 31, 2029, inclusive, unless terminated earlier pursuant to Section 19 below. The Consultant did not provide services in anticipation of the Agreement’s execution. In no event will the City compensate the Consultant for services performed between October 31, 2024 through the execution of this Agreement.
7. USE OF SUBCONSULTANTS
7.1 Authority to Use: Whichever of the following is marked applies to this Agreement:
The Consultant cannot use any subconsultants without the Director’s prior written approval.
The Consultant will use the following subconsultants for the specified areas of work. The Consultant cannot remove, replace or add to any of the subconsultants identified in this provision without the Director’s prior written approval.
Subconsultant’s Name Area of Work
1. Wood Rodgers Civil Design
2. Montrose Environmental Solutions Environmental Permitting
7.2 Subconsultant Work: The Consultant warrants all services and deliverables provided by any subconsultants it uses, and represents that each such subconsultant is specially trained, experienced, and competent to perform its portion of the work.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CPMS Contract No.: 8827
Standard Agreement AC No. 29869-001 and 29869-002
Original Records Database Contract No.: 663972
Consultant Name: Cal Engineering & Geology, Inc.
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 1 of 1 Revised Exhibit A: Scope of Services
Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
Revised Exhibit A: Scope of Basic Services
(Capital Project)
This revised Exhibit A is an attachment to the Third Amendment to Agreement.
The tasks set forth in the original Exhibit A, or in any previous amendment to the original Exhibit A, are amended as follows:
Task No. 37, entitled “Special Inspection (Alum Rock Minertal Springs Bridge Embankment),” is deleted but the task number will remain to maintain sequential numbering.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CPMS Contract No.: 8827
Standard Agreement AC No. 29869-001 and 29869-002
Original Records Database Contract No.: 663972
Consultant Name: Cal Engineering & Geology, Inc.
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 1 of 6 Revised Exhibit B: Compensation
Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
Second Revised Exhibit B: Compensation (Capital Projects)
This revised Exhibit B is an attachment to the Third Amendment to the Agreement.
Section 1 – Compensation Table
Part 1 – Compensation for Basic Services
Column 1 Column 2 Column 3 Column 4
Task Nos. Basis of Compensation Invoice Period Compensation Maximum Fixed Fee
Task 1 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $21,332 $2,997 Task 2 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $17,957 $2,634 Task 3 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $8,986 $1,337 Task 4 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $19,377 $1,673 Task 5 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $19,934 $2,960 Task 6 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $73,001 $10,778 Task 7 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $22,263 $3,291 Task 8 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $12,927 $1,909 Task 9 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $11,272 $1,653 Task 9a Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $11,262 $1,689 Task 10 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $1,624 $244 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CPMS Contract No.: 8827
Standard Agreement AC No. 29869-001 and 29869-002
Original Records Database Contract No.: 663972
Consultant Name: Cal Engineering & Geology, Inc.
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 2 of 6 Revised Exhibit B: Compensation
Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
Part 1 – Compensation for Basic Services (continued)
Column 1 Column 2 Column 3 Column 4
Task Nos. Basis of Compensation Invoice Period Compensation Maximum Fixed Fee
Task 11 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $1,498 $225 Task 12 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $2,079 $301 Task 13 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $7,354 $1,103 Task 14 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $5,804 $871 Task 15 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $4,214 $632 Task 16 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $4,472 $536 Task 17 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $34,388 $5,068 Task 18 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $38,225 $3,761 Task 19 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $7,575 $1,088 Task 20 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $27,328 $3,896 Task 21 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $21,595 $3,179 Task 22 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $9,231 $1,373 Task 23 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $19,269 $1,657 Task 24 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $17,020 $2,523 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CPMS Contract No.: 8827
Standard Agreement AC No. 29869-001 and 29869-002
Original Records Database Contract No.: 663972
Consultant Name: Cal Engineering & Geology, Inc.
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 3 of 6 Revised Exhibit B: Compensation
Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
Part 1 – Compensation for Basic Services (continued)
Column 1 Column 2 Column 3 Column 4
Task Nos. Basis of Compensation Invoice Period Compensation Maximum Fixed Fee
Task 25 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $71,855 $10,599 Task 26 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $20,368 $3,006 Task 27 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $13,738 $2,031 Task 28 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $15,064 $2,184 Task 29 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $2,173 $326 Task 30 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $2,225 $334 Task 31 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $2,808 $410 Task 32 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $10,526 $1,579 Task 33 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $8,751 $1,313 Task 34 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $5,939 $891 Task 35 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $12,897 $1,800 Task 36 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $46,164 $6,835 Task 37 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $0 $0 Task 38 Time & Materials Fixed Fee Monthly Completion of Task(s) Completion of Work $10,306 $1,497 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CPMS Contract No.: 8827
Standard Agreement AC No. 29869-001 and 29869-002
Original Records Database Contract No.: 663972
Consultant Name: Cal Engineering & Geology, Inc.
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 4 of 6 Revised Exhibit B: Compensation
Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
Part 2 – Reimbursable Expenses
No expenses are separately reimbursable. The amount(s) in Column 4 of Part 1 include(s) payment for all expenses.
Expenses are separately reimbursable in accordance with Subsection 10.5 of the Agreement. The maximum amount of reimbursable expenses is:
$0
Part 3 – Subconsultant Costs
The amount(s) in Column 4 of Part 1 include(s) payment for subconsultants. Subconsultant costs are not separately compensable.
Subconsultantant costs are separately compensable in accordance with Subsection 10.6 of the Agreement. The maximum amount of compensation for subconsultant costs is:
$0
Part 4 – Additional Services
No money is budgeted for Additional Services, and the
Director can not authorize any Additional Services.
The Director may authorize the Consultant to perform Additional Services up to the following maximum amount:
$0
Maximum Total Compensation (sum of Parts 1 through 4): $ 642,801
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CPMS Contract No.: 8827
Standard Agreement AC No. 29869-001 and 29869-002
Original Records Database Contract No.: 663972
Consultant Name: Cal Engineering & Geology, Inc.
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 5 of 6 Revised Exhibit B: Compensation
Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
Section 2 – Schedule of Rates and Charges
Omitted. No Schedule of Rates and Charges is included because the City will not be compensating the Consultant for any Basic Services on a “time & materials” basis.
The following is the Schedule of Rates and Charges applicable to this Agreement:
Cal Engineering & Geology, Inc. (CONTRACTOR)
Classification
Actual Hourly
Rate
Fringe
Benefits
Overhead
Rate Total Rate
Senior Principal 152.72$ 91.41% 107.97% 457.21 $ Principal 136.84$ 91.41% 107.97% 409.68 $
Program Manager 109.02$ 91.41% 107.97% 326.37 $ Senior Technical Expert 116.60$ 91.41% 107.97% 349.08 $ Senior Project Manager 98.70$ 91.41% 107.97% 295.48 $ Technical Expert 96.31$ 91.41% 107.97% 288.35 $ Project Manager 75.63$ 91.41% 107.97% 226.43 $ Senior Technical Specialist 73.34$ 91.41% 107.97% 219.56 $ Project Controls 62.84$ 91.41% 107.97% 188.14 $ Technical Specialist 68.36$ 91.41% 107.97% 204.64 $ Project Professional 59.01$ 91.41% 107.97% 176.65 $ Staff Professional 2 46.13$ 91.41% 107.97% 138.10 $ Staff Professional 1 39.95$ 91.41% 107.97% 119.62 $ Senior Technician - Prevailing Wage 209.48$ 0.00% 107.97% 435.65 $ Project Technician - Prevailing Wage 192.94$ 0.00% 107.97% 401.25 $ Technician - Prevailing Wage 176.40$ 0.00% 107.97% 366.86 $ Senior Technician 56.23$ 91.41% 107.97% 168.33 $ Project Technician 54.24$ 91.41% 107.97% 162.39 $ Technician 34.45$ 91.41% 107.97% 103.15 $
Project Support 50.19$ 91.41% 107.97% 150.25 $ DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
CPMS Contract No.: 8827
Standard Agreement AC No. 29869-001 and 29869-002
Original Records Database Contract No.: 663972
Consultant Name: Cal Engineering & Geology, Inc.
Form Name: Amendment to Standard Consultant Agreement (Capital Projects) Revised 6 of 6 Revised Exhibit B: Compensation
Form/File No.: 2176103/T-32026
City Attorney Approval Date: July 2025
Montrose Environmental Solutions (SUBCONSULTANT)
Classification
Actual Hourly
Rate
Fringe
Benefits
Overhead
Rate Total Rate
Principal $98.69 47.48% 129.14% $273.00
Director $90.38 47.48% 129.14% $250.01
PM/Senior Associate II $83.15 47.48% 129.14% $230.01
Senior Associate I $78.09 47.48% 129.14% $216.01
Associate II $62.53 47.48% 129.14% $172.97
Associate I $72.30 47.48% 129.14% $200.00
Analyst II $67.60 47.48% 129.14% $187.00
Analyst I $63.99 47.48% 129.14% $177.01
Tech Editor $49.17 47.48% 129.14% $136.01
Admin $43.38 47.48% 129.14% $120.00
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.