Fo
rm Name: Amendment to Master Consultant Agreement (Capital Projects) Form/File No.: 1349561_3/T-32026
City Attorney Approval Date: September 2022
Page: 1 of 2
First Amendment to Master Consultant Agreement – RWF
Capital Projects
Consultants Name: __Brown and Caldwell ______
(CPMS Contract No. 7758)
(Master Agreement AC No. 28019)
Second
Third
This Amendment to the Master Agreement is made and entered into this ______ day of ________________, 2023. The City and the Consultant amend the above-referenced agreement as set forth herein.
1. Capitalized words in this Amendment have the same meaning as in the Master Agreement.
2. The provisions of this Master Agreement (including 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. Agr eement Term: Section 2 is amended to extend the expiration date from December 31, 2023 to March 31, 2027.
5. Maximum Total Compensation: S ubsection 10.1 is amended to Increase Decrease the Maximum Total Compensation from $7,700,000 to $9,640,000
6. Agr eement Section(s): Sections1.1 Agreement Scope (General) and 20.3 Notices (To Whom Given) are amended to read as set forth in Attachment A of this Amendment.
7. Basi s of Compensation – Exhibit B: The original First Revised Second Revised Exhibit B is amended to read as set forth in the attached First Second Th
ird Revised Exhibit B, which is incorporated by reference into this Amendment.
This Amendment is executed by the authorized representatives of the City and Consultant as follows:
City of San José
By [{{__signer#}}]
Name: Tony Taber
Title: City Clerk
Consultant
By [{{__signer#}}]
Name: Jeff Kivett
Title: Vice President
Approval as to Form (City Attorney):
Form Approved by the Office of the City Attorney.
(Th
e 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: Rosalía Burgueño Tapia
Title: Sr. Deputy City Attorney
By [{{__signer#}}]
Name: [Insert Name.]
Title: [Insert Title of Signature.]
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Master Agreement AC No. 28019
CPMS Contract No. 7758
Consultant: Brown and Caldwell
Form Name: Amendment to Master Consultant Agreement (Capital Projects) Attachment A: Agreement Provisions Amendment
Form/File No.: 1349561_3/T-32026
City Attorney Approval Date: March 2022
Page: 2 of 2
First Attachment A
Agreement Provision Amendment(s)
(Capital Projects)
Second
Third
This Attachment A is an attachment to the First Second Third amendment to Master Agreement.
The Section(s) set forth in the original Master Agreement, or in any previous amendment to the original Master Agreement, is/are amended as follows:
1. AGREEMENT SCOPE
1.1 General: The Consultant will provide professional consulting services to the City on an as-needed basis pursuant to individual service orders issued in accordance with the terms and conditions of this Master Agreement. The type of professional consulting services the Consultant will provide can be described generally as: Owner’s advisor services related to progressive design-build procurement and oversight during design and construction; supporting engineering; project management; construction management; and post-construction services necessary to successfully complete the Digested Sludge Dewatering Facility Project ("Project").
20. NOTICES
20.3 To Whom Given: All notices and other communications between the parties regarding a specific Approved Service Order must be given to the project managers identified in the Approved Service Order.
All notices and other communications between the parties regarding the Master Agreement must be given to the individuals identified below using the appropriate contact information for giving notice:
To the City: City of San José
Environmental Services Department,
Attn: Alicia Alba
700 Los Esteros Road
San Jose, CA 95134
(408) 635-4003
[email protected]
To the Consultant: Brown and Caldwell
Attn: Angela MacKinnon
201 N Civic Drive, Suite 300
Walnut Creek, CA 94596
(925) 937-9010
[email protected]
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.