AMENDMENT NO. 3 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND
TOWNSEND MANAGEMENT, INC.
FOR CLEAN WATER PROGRAM COLLECTION SYSTEM
CONSTRUCTION MANAGEMENT SERVICES
($3,000,000 [Original Amount], $0 [Amendment No. 1], $2,000,000 [Amendment No. 2], $1,000,000 [Amendment No. 3])
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and TOWNSEND MANAGEMENT, INC. (“CONSULTANT”), entered into an Agreement for CLEAN WATER PROGRAM COLLECTION SYSTEM CONSTRUCTION MANAGEMENT SERVICES (“Agreement”) on July 9, 2021,
WHEREAS, on September 13, 2022, the CITY and CONSULTANT executed Amendment No. 1, extending the scope of the Agreement and the term of the Agreement by two years, for a total Agreement timeline of five years; and WHEREAS, on July 10, 2023, the CITY and CONSULTANT executed Amendment No. 2, increasing the Agreement by $2,000,000, for a total Agreement in the amount of $5,000,000; and
WHEREAS, City and CONSULTANT, wish to amend the Agreement to extend the term of this Agreement, and wish to amend the Agreement to increase the Agreement by $1,000,000, for a total Agreement in the amount of $6,000,000.
WHEREAS, City and CONSULTANT, wish to amend the Agreement effective July 9, 2021, to increase the payment for professional services.
NOW, THEREFORE, the parties agree as follows:
1. Section 7 – “Term, Progress, and Completion” of the Agreement is amended to read:
“This Agreement shall be valid until January 1, 2027.
It is understood and agreed that time is of the essence of this Agreement.
CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT’S timetable.”
2. The first paragraph of Section 8 – “Payment” of the Agreement is amended to read:
“Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $6,000,000. Requests for payments shall be itemized and correspond to the various items of work described in Exhibit A and shall be based on the rate and cost schedule set forth in Exhibit B.”
3. The remaining terms of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, CITY OF SAN MATEO and TOWNSEND MANAGEMENT, INC. have executed this Amendment No. 3 on _______________.
CITY OF SAN MATEO CONSULTANT
Townsend Management, Inc.
Matt Fabry
Public Works Director
Date Zamir Zuraek
President
Date
APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date