Ebix Insurance No. S200004374
AMENDMENT NO. 4
TO THE AGREEMENT FOR SERVICES
between the
CITY OF SANTA CLARA, CALIFORNIA,
and
WEST COAST CODE CONSULTANTS, INC. (WC3)
PREAMBLE
This agreement (“Amendment No. 4”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and West Coast Code Consultants, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
The Parties previously entered into an agreement entitled “Agreement for Professional Services by and Between the City of Santa Clara, California and West Coast Code Consultants, Inc.,” dated November 1, 2018 (Original Agreement); The Original Agreement was previously amended by Amendment No. 1, dated July 1, 2019, Amendment No. 2 dated March 4, 2021, Amendment No. 3 dated February 22, 2022 and is again amended by this Amendment No. 4 . The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $5,149,000 for ten consultant firm agreements.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
Section 6 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:
“6. COMPENSATION AND PAYMENT
A. In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "FEE SCHEDULE." B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements (collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:
Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021; Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021, amended February 22, 2022; Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022; Synergetic Consulting, effective July 8, 2019, amended March 4, 2021, amended February 8, 2022; TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021, amended February 8, 2022; West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019, amended March 4, 2021, amended February 22, 2022; 4Leaf, Inc., effective February 1, 2020, amended February 8, 2022; CSG Consultants, Inc., effective February 1, 2020, amended February 8, 2022; Bureau Veritas North America, Inc., effective February 22, 2022; Interwest Consulting Group, Inc.
C. Consultant further acknowledges that City is concurrently executing additional amendments to the first nine of the Plan Check Agreements listed above, and executing a new agreement with Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”); D. The aggregate maximum compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.” That the final paragraph of Exhibit B, entitled “Revised Schedule of Fees” of the Original Agreement as Amended, is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is five million, one hundred forty nine thousand dollars ($5,149,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials, and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.” Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“City”
WEST COAST code CONSULTANTS, INC., (WC3).
a California Corporation
Dated:
By (Signature):
Name:
Giyan Senaratne, PE, SE, LEED AP, CASp
Title:
Principal/CEO
Principal Place of Business Address:
2400 Camino Ramon, Ste 240
San Ramon, CA 94583
Email Address:
[email protected]
Telephone:
(925) 275-1700
Fax:
“CONsultant”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 4 - Form.doc Amendment No. 4 to Agreement/ West Coast Code Consultants, Inc. Page 2 Rev. 10/25/2019
Amendment No. 4 to Agreement/ West Coast Code Consultants, Inc. Page 1 Rev. 10/25/19