Sixth Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group.
SIXTH AMENDMENT TO THE
TO THE CONSULTING SERVICES AGREEMENT (C5939)
BETWEEN THE CITY OF UNION CITY AND CUMMING GROUP
FOR PROJECT MANAGEMENT SERVICES
THIS SIXTH AMENDMENT (the “Sixth Amendment”) is effective as of this 8th day of September 2026, by and between THE CITY OF UNION CITY, a municipal corporation (“City”), and CUMMING GROUP, a corporation ("Consultant"), collectively referred to as the "Parties."
W I T N E S S E T H:
WHEREAS, on February 27, 2023, the Parties entered into a Consulting Services Agreement (C5939) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Project Management Services, City Project No. 22-21, in the amount of $74,573; and
WHEREAS, on May 31, 2023, the Parties entered into a First Amendment to the Consulting Services Agreement (C5939b) (“First Amendment”) to increase the compensation, in the amount of $175,000, for a total contract amount not to exceed $249,573, and extend the term; and
WHEREAS, on November 29, 2023, the Parties entered into a Second Amendment to the Consulting Services Agreement (C5939c) (“Second Amendment”) to amend the scope of services and extend the term; and
WHEREAS, on May 14, 2024, the Parties entered into a Third Amendment to the Consulting Services Agreement (C5939d) (“Third Amendment”), to amend the scope, extend the term, and increase the compensation, in the amount of $88,427, for a total contract amount not to exceed $338,000; and
WHEREAS, on March 11, 2025, the Parties entered into a Fourth Amendment to the Consulting Services Agreement (C5939-4A) (“Fourth Amendment”), to extend the term and increase the compensation, in the amount of $118,898, for a total contract amount not to exceed $456,898; and
WHEREAS, on July 22, 2025, the Parties entered into a Fifth Amendment to the Consulting Services Agreement (C5939-5A) (“Fifth Amendment”), to extend the term and increase the compensation, in the amount of $203,932, for a total not to exceed contract amount of $660,830; and
WHEREAS, the Parties desire to further amend the Agreement to extend the term of service, amend the scope and increase the compensation; and WHEREAS, the City and Consultant desire to enter into this Sixth Amendment.
Sixth Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. The “SCOPE OF SERVICES”, as set forth in EXHIBIT A of the Agreement, is hereby amended to include the services contained in Exhibit A of this Sixth Amendment, attached hereto and incorporated herein by reference.
2. The “TERM OF SERVICES,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to July 1, 2027.
3. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of Three Hundred FortyFive Thousand Dollars ($345,000), as set forth in Exhibit B of this Fifth Amendment. The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of One Million Five Thousand Eight Hundred Thirty Dollars ($1,005,830). The first sentence shall now read:
City hereby agrees to pay Consultant a sum not to exceed One Million Five Thousand Eight Hundred Thirty Dollars ($1,005,830), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.
4. All other provisions of the Agreement, remain unchanged except as modified by this Sixth Amendment.
IN WITNESS WHEREOF, the City and the Consultant have executed this Amendment effective as of the date hereinabove written.
THE CITY OF UNION CITY CUMMING GROUP
By By
Joan Malloy Owyn Notario
City Manager Vice President
Attest:
___________________________
Thai Nam N. Pham
Sixth Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group.
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
Sixth Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group.
Exhibit A
Scope of Services
Below we have outlined our understanding of some of the general tasks we will perform. We understand our scope may vary depending on the specific needs of each project.
• Develop and maintain project schedules
• Develop Consultant RFPs and assist with evaluation/selection • Coordinate with City stakeholders
• Attend meetings as needed
• Ensure building permits are applied for and received
• Prepare bid documents and Contractor bid packages
• Review and advise on contracts
• Solicit prospective bidders to help ensure multiple bids are received • Conduct pre-bid conferences for prospective bidders and job walks if required • Evaluate bids received, make recommendations to the City • Oversee construction activities including regular site visits • Identify field problems; recommend, review, and facilitate resolutions • Work with the project team to overcome challenges
• Create ROM estimates and budget recommendations
• Develop and maintain budgets
• Review all contractor/consultant invoices and recommend payment by Owner including review and approval of all invoices, bills, and applications for payment
• Oversee change order process. This includes reviewing change order requests for accuracy
and fairness, confirming entitlement, and ensuring that appropriate approvals are obtained
• Develop and maintain project budgets for new projects. • Assist design professional(s) and contractor(s) in preparation, correction, and finalization of punch list items
• Project closeout, assisting with the collection of as built drawings, provide warranty information, and building operation and maintenance manuals. Coordinating training as needed.
Sixth Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group.
Exhibit B
Cost Proposal
The proposed fee is $345,000 as outlined below.
Proposed Staffing & Hourly Rates:
• Joe Capps-Jenner will be responsible for the overall performance of Cumming Group services. Joe’s hourly rate is $225/hr.
• Project Manager Saul Flores and a second Project Manager will be responsible for day-to-day project management. Hourly rate is $191.48/hr.
• Our hourly rates increase 3% annually beginning on January 1st of each calendar year.
Additional Fee Notes:
Based on our understanding of the required scope, we estimate that our Project Management staff will spend an average of approximately four days per week supporting the City of Union City. Four days a week when we combine the projects listed in this Sixth Amendment to the Consulting Services Agreement
between City of Union City and Cumming Group.
proposal for the New Contract and our ESR 06 proposal. We will track this carefully and review with you regularly to ensure the appropriate level of resource is provided. We are ready to adjust our level of effort as needed and will only bill for the hours we spend on your projects.