Form Name: Amendment to Master Consultant Agreement (RWF Capital Projects) Form/File No.: 2185341/T-40716
City Attorney Approval Date: January 2025
Page: 1 of 3
First Amendment to
Master City of San José Consultant Agreement
(RWF Capital Projects)
Consultant’s Name: Project Controls Joint Venture LLC
(CPMS Contract No. 9443)
(Master Agreement AC No. 31588)
Original Records Database Contract No.: 666444
This Amendment is made and entered into on the date that it is fully executed by the Parties (“Contract Date”).
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. Agreement Term: Section 2 is amended to extend the expiration date from December 31, 2026 to June 30, 2028.
5. Maximum Total Compensation: Subsection 10.1 is amended to Increase Decrease the Maximum Total Compensation from $6,000,000 to $6,750,000.
6. Agreement Section(s): Section(s) ___________ is/are amended to read as set forth in Attachment A of the Amendment.
7. Schedule of Rates and Charges – Exhibit B: The original ______ Revised Exhibit B is amended to read as set forth in the attached ______ Revised Exhibit B, which is incorporated by reference into this Amendment.
8. 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.
Master Agreement AC No. 31588
CPMS Contract No. 9443
Original Records Database Contract No.: 666444
Consultant: Project Controls Joint Venture LLC
Form Name: Amendment to Master Consultant Agreement (RWF Capital Projects) Form/File No.: 2185341/T-40716
City Attorney Approval Date: January 2025
Page: 2 of 3
This Amendment is executed by the authorized representatives of the City and Consultant as follows:
City of San José
By {{__signer#}}
Name: [Insert Name.]
Title: [Insert Title of Signature.]
Consultant
By {{__signer#}}
Name: [Insert Name.]
Title: [Insert Title of Signature.]
Approval as to Form (City Attorney):
Form Approved by the Office of the City Attorney.
(The 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
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. 31588
CPMS Contract No. 9443
Original Records Database Contract No.: 666444
Consultant: Project Controls Joint Venture LLC
Form Name: Amendment to Master Consultant Agreement (RWF Capital Projects) Form/File No.: 2185341/T-40716
City Attorney Approval Date: January 2025
Page: 3 of 3
Attachment A
Agreement Provision Amendment(s)
(Capital Project)
This Attachment A is an attachment to the First 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:
2. Agreement Term
The term of this Master Agreement is from the Contract Date to June 30, 2028, inclusive, unless terminated earlier pursuant to Section 19 below.
10. Compensation
10.1 Maximum Total Compensation: The maximum total compensation the City will pay the Consultant for all Approved Service Orders issued under this Master Agreement shall not exceed $6,750,000 (“Maximum Total Compensation”).
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.