THIRD AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES FOR THE RUMRILL BOULEVARD COMPLETE STREETS PROJECT NO. 0700
THIS THIRD AMENDMENT TO AGREEMENT FOR CONSULTING
SERVICES is effective the 18th day of November, 2024, by and between the CITY OF SAN PABLO, a municipal corporation ("City") and CONSOR Engineering, Inc. a wholly owned subsidiary of CONSOR North America, Inc. (formerly Quincy Engineering, Inc.) (“Consultant”).
R E C I T A L S
WHEREAS, on June7, 2021, City and Consultant entered into an Agreement for consulting services consisting of construction management services related to the City of San Pablo’s Rumrill Complete Streets Project No. 0700 in an amount not to exceed $1,351,476;
WHEREAS, in October 2022, City was notified that Consultant Quincy Engineering was acquired and became CONSOR North America, Inc. a wholly owned subsidiary of CONSOR North America, Inc.;
WHEREAS, on July 21, 2023 City and Consultant entered into a First Amendment to Agreement to add additional services, to increase compensation by $100,000, for a total contract amount not to exceed $1,451,476, and to extend the term of the Agreement through June 30, 2024; and
WHEREAS, on June 11 2024 the City and Consultant entered a Second Amendment to Agreement to add additional services, to increase compensation by $817,648 including contingency for a total contract amount not to exceed $2,269,124.
WHEREAS, the parties have agreed to further modify the terms of that Agreement related to (1) Scope of Services; (2) Compensation; and (3) Effective Date and Term.
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. Pursuant to Section 3 of the Agreement, entitled “Additional Services,” certain Additional Services shall be added to the “Scope of Services” identified in Section 1 of the Agreement. Section 1, “Scope of Services” is hereby amended to add the following provision:
“Consultant agrees to provide to the City the Additional Services as specified in Consultant’s Amendment Proposal dated October 14, 2024, attached hereto as Exhibit 1 and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the Exhibits and the Agreement as amended, the terms most favorable to the City shall prevail.”
2. COMPENSATION. Section 2 of the Agreement, “Compensation,” is amended to include the following provision:
“CITY shall pay consultant up to an additional Seventy-Five Thousand Dollars ($75,000), as follows:
Additional Services per 10/14/24 proposal $75,000
Total compensation under this Agreement as amended shall exceed Two Million Three Hundred Forty-Four Thousand One Hundred Twenty-Four Dollars ($2,344,124).”
3. EFFECTIVE DATE AND TERM. Section 4 of the Agreement, “Effective Date and Term,” is amended to include the following provision:
“The term of this Agreement, (“Term”) begins on the Effective Date set forth above, and expires on May 1, 2025. If the Term expires later than the end of the City’s Fiscal year, the continuation of the Term into the next Fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.”
4. All other terms and conditions of the Agreement, as amended, shall remain in full force and effect.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By By
Brian Hickey, City Attorney Matt Rodriguez, City Manager
CONSOR Engineering, Inc. a wholly owned
subsidiary of CONSOR North America, Inc.
(formerly Quincy Engineering, Inc.)
ATTEST:
By
Dorothy Gantt, City Clerk
By
R. Brent Lemon, Principal
Dated
ATTACHMENT:
Exhibit 1 – Consultant’s Amendment Proposal dated October 14, 2024
City of San Pablo/CONSOR North America, Inc.
Consultant Services – Rumrill Complete Streets Project (0700) Amendment #3
EXHIBIT 1
Consultant’s Amendment Proposal dated October 14, 2024