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6 AMENDMENT NO. 4 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND TANNER PACIFIC, 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], $350,000 [Amendment No. 4]) This Amendment is made and entered into this day of _____________ by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and TANNER PACIFIC, INC. ("CONSULTANT").
WHEREAS, the CITY and “CONSULTANT” entered into an Agreement for CLEAN WATER PROGRAM COLLECTION SYSTEM CONSTRUCTION MANAGEMENT SERVICES (“Agreement”) on July 1, 2021; and
WHEREAS, on September 13, 2022, the CITY and CONSULTANT executed Amendment No. 1, expanding 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 17, 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, on May 23, 2025, the CITY and CONSULTANT executed Amendment No. 3, extending the term of the Agreement to January 1, 2027, and increasing the Agreement by $1,000,000, for a total Agreement in the amount of $6,000,000; and WHEREAS, CITY and CONSULTANT, wish to amend the Agreement to extend the term of the Agreement and to increase the Agreement amount by $350,000, for a total Agreement amount of $6,350,000.
NOW, THEREFORE, the parties agree as follows:
1. Section 7 – “Term, Progress, and Completion” of the Agreement is amended as follows:
“This Agreement shall be valid until January 1, 2028.
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.”
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6 2. The first paragraph of Section 8—“Payment” of the Agreement is amended as follows:
“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 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 $6,350,000. 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 TANNER PACIFIC, INC. have executed this Amendment No. 4 on ____________________.
CITY OF SAN MATEO CONSULTANT
Tanner Pacific, Inc.
____________________________ ___________________________________ Matt Fabry Date William Tanner Date
Public Works Director President
APPROVED AS TO FORM
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Linh P. Nguyen Date
Assistant City Attorney