RESOLUTION NO. 2026-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SIXTH
AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
CUMMING GROUP, IN THE AMOUNT OF $345,000, FOR A TOTAL NOTTO-EXCEED AMOUNT OF $1,005,830, FOR CONSTRUCTION
PROJECT MANAGEMENT SERVICES FOR VARIOUS CITY-OWNED
BUILDING REPAIRS AND RENOVATIONS PROJECTS IN A FORM
APPROVED BY THE CITY ATTORNEY
WHEREAS, in early 2022, the City realized some unanticipated budget savings in the General Fund and, on April 12, 2022, the City Council adopted Resolution No. 5922- 22a, which directed that a portion of the savings be programmed for reinvestment in unfunded, one-time, capital projects; and
WHEREAS, work on several previously deferred high-priority projects was initiated immediately; however, due to the volume of work, staff brought in a consulting firm to help manage the projects; and
WHEREAS, Cumming Group was engaged in February 2023 (Contract C5969 executed in the former business name, Nova Partners, Incorporated (“Nova”)) to handle both pre-construction and construction management tasks for various City-owned building repairs and renovations on a three-month trial period ending on May 31, 2023, for a total not-to-exceed amount of $74,573; and
WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 6153-23, approving the First Amendment to the Consulting Services Agreement with Nova, in the amount of $175,000, for a total not-to-exceed amount of $249,573; and WHEREAS, on November 29, 2023, the City entered into the Second Amendment to the Consulting Services Agreement with Nova to amend the scope of services and extend the term; and
WHEREAS, on May 14, 2024, the City Council adopted Resolution No. 6295-24, approving the Third Amendment to the Consulting Services Agreement with Cumming Group (formerly Nova Partners, Incorporated), in the amount of $88,427, for a total notto-exceed amount of $338,000; and WHEREAS, on March 11, 2025, the City Council adopted Resolution No. 2025- 032, approving the Fourth Amendment to the Consulting Services Agreement with Cumming Group, in the amount of $118,898, for a total not-to-exceed amount of $456,898; and
WHEREAS, on July 22, 2025, the City Council adopted Resolution No. 2025-103, approving the Fifth Amendment to the Consulting Services Agreement (C5939-5A) (“Fifth Amendment”), in the amount of $203,932, for a total not-to-exceed amount of $660,830; and
WHEREAS, the City continues to be a competent and reliable partner, and staff wishes to continue the pre-construction and construction project management services Resolution No. 2026-XXX
Approve Sixth Amendment to Cumming Group CSA
that Cumming Group provides; and
WHEREAS, Cumming Group has successfully managed both Capital Improvement Projects (CIP) and several additional repairs and renovations for other Cityowned facilities; and WHEREAS, Public Works staff is chronically overloaded, exacerbated by a recent position vacancy, necessitating the services of Cumming Group to manage the current projects previously noted and future projects, both unanticipated and as outlined in the Five-Year CIP for FY 2025-2026 to FY 2029-2030; and
WHEREAS, the Sixth Amendment to the Consulting Services Agreement with Cumming Group will increase Cumming Group’s compensation by $345,000, for a notto-exceed amount of $1,005,830, and will be funded with monies budgeted in the General Fund, the Capital Facilities Improvement Fund, the Public Improvement Fund, and the Park Facilities (Impact) Fund.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Union City does hereby authorize the City Manager to execute the Sixth Amendment to the Consulting Services Agreement with Cumming Group, in the amount of $345,000, for a total not-to-exceed amount of $1,005,830, for construction project management services for various City-owned building repairs and renovations projects in a form approved by the City Attorney.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a special meeting held on September 8, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney