FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND SMITHGROUP, INC.
THIS FIRST AMENDMENT to the Consulting Services agreement is made at South San Francisco, California, as of October 12, 2022, by and between the CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and SMITHGROUP Inc. (“Consultant”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On January 24, 2018, City and Consultant entered that certain Consulting Services Agreement (“Agreement”) whereby Consultant agreed to Architectural Design Services. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. City and Consultant now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Consultant hereby agree as follows:
1. All terms which are defined in the Agreementshall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary.
2. Section 1: Term. The December 31, 2022, end date for the term of services identified in original Consultant Agreement is hereby replaced with June 30, 2026.
3. Section 2: Compensation. Section 2 of the Agreement shall be amended by the amount of $4,137,000 such that the City agrees to pay Consultant a sum not to exceed totaling $24,356,000.00, with the understanding that up to $19,740,991 has already been paid to Consultant as of August 31, 2022.
Original Contract Amount: $20,219,000
Amendment #1:
Phase I & II (Police & LPR)
• Construction Administration & Close-Out $587,000
• Additional Services (Contingency): $ 50,000
Phase III (Fire Station #3)
• Design Services: $ 3,400,000
• Additional Services (Contingency) $ 100,000
Total Contract Amount: $24,356,000
Consultant agrees that this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing.
4. Scope of Services. The Scope of services as identified in Agreement remain unchanged as part of this Amendment.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment.
Dated:
CITY OF SOUTH SAN FRANCISCO SMITHGROUP, INC.
By: By:
Mike Futrell, City Manager Roxanne Malek, President
Attested:
By:
City Clerk
Approved as to Form:
By:
City Attorney