HomeMy WebLinkAboutReso 36-2005RESOLUTION NO. 36-2005
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AMENDMENT #1 TO THE
AGREEMENT WITH G.E. CHEN CONSTRUCTION, INCOR-
PORATED, TO PROVIDE ADDITIONAL FUNDING FOR THE
COMPLETION OF NOISE INSULATION WORK FOR HOMES
INSIDE OF AND IMMEDIATELY CONTIGUOUS TO THE
AIRCRAFT NOISE INSULATION PROGRAM NOISE FOOTPRINT
WHEREAS, on March 10, 1999, the City Council adopted a Resolution awarding a
construction contract to G.E. Chen Construction, Inc. in the amount of $2,563,000 to complete Phase
XVIII of the Aircraft Noise Insulation Program (ANIP); and
WHEREAS, since the execution of that contract, the City has completed noise insulation
work on over 6000 single-family and 860 multi-family residences within the original noise footprint;
and
WHEREAS, the City, through ANIP, has now completed noise insulation work on all homes
located within the area that qualifies for federal grant funding through the Federal Aviation
Administration (FAA); and
WHEREAS, in 1995, the City entered into a Memorandum of Understanding (MOU) with
the San Francisco International Airport (SFIA) under which SFIA agreed to provide approximately
$45 million in funding to assist with noise insulation; and
WHEREAS, the City and SFIA have jointly interpreted the terms of the MOU, and agree that
accrued interest on the original MOU funding belongs to the City and may be used to provide sound
insulation for homes within the noise footprint and homes immediately adjacent but outside of the
original 1983 ANIP noise footprint; and
WHEREAS, the City wishes to provide funding for continued insulation work on
approximately 70 homes within the ANIP area including the areas of Village Way and Camaritas
Boulevard; and
WHEREAS, staffrecommends amending the original City/Contractor Agreement in order to
provide funding for the completion of insulation of these approximately 70 homes. All work
specifications as contained in contractor's original bid shall remain in effect; and
WHEREAS, the amendment increasing funding will leave approximately $3,400,000 in the
MOU interest fund balance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves amendment of the City/Contractor Agreement
between G.E. Chen Construction, Inc. and the City of South San Francisco to provide for an increase
in total compensation of Six Hundred Thousand Dollars ($600,000.00) in order to provide additional
funding for the noise insulation of approximately 70 homes both within and immediately contiguous
to the ANIP noise footprint. A copy of the contract amendment is attached.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
contract amendment on behalf of the City of South San Francisco.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the 27t~ day of April
2005 by the following vote:
AYES: Councilmembers Richard A. Garbarino, Pedro Gonzalez and Karyl Matsumoto,
and Mayor Pro Tem Joseph A. Fernekes and Mayor Raymond L. Green
None.
NOES:
ABSTAIN: None.
ABSENT: None.
ATTEST:
City Clerk
FIRST AMENDMENT
TO CITY/CONTRACTOR AGREEMENT
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND G.E. CHEN
CONSTRUCTION, INC. TO INCREASE TOTAL COMPENSATION FOR EXPANSION
OF AIRCRAFT NOISE INSULATION PROGRAM
This First Amendment to the City/Contractor Agreement ("First Amendment Agreement") is
made and entered into as of __, 2005 by and between G.E. Chen Construction,
Inc., a California corporation ("Grantee") and the City of South San Francisco, a municipal
corporation ("City"), organized and existing under the laws of the State of California.
RECITALS
WHEREAS, on March 10, 1999, the City Council adopted a Resolution awarding a
construction contract to G.E. Chen Construction, Inc. in the amount of $2,563,000 to complete
Phase XVIII of the Aircraft Noise Insulation Program ("ANIP"),; and
WHEREAS, since the execution of that contract, City has completed noise insulation
work on over 6000 single-family and 860 multi-family residences within the original noise
footprint; and
WHEREAS, the City, through ANIP, has now completed noise insulation work on all
homes located within the area that qualifies for Federal grant funding through the Federal
Aviation Administration ("FAA"); and
WHEREAS, in 1995, the City entered into a Memorandum of Understanding ("MOU")
with the San Francisco International Airport ("SFIA") under which SFIA agreed to provide
approximately 45 million dollars in funding to assist with noise insulation; and
WHEREAS, City and SFIA have jointly interpreted the terms of the MOU, and agree
that accrued interest on the original MOU funding belongs to the City and may be used to
provide sound insulation for homes within the noise footprint and homes immediately adjacent
but outside of the original 1983 ANIP noise footprint; and
WHEREAS, City wishes to provide funding for continued insulation work on
approximately 70 homes within the ANIP area including the areas of Village Way and Camaritas
Boulevard; and
WHEREAS, City and Contractor wish to amend the original City/Contractor Agreement
in order to provide funding for the completion of insulation of these approximately 70 homes.
All work specifications as contained in Contractor's original bid shall remain in effect.
NOW THEREFORE, the parties hereto agree as follows:
AGREEMENT AMENDMENT
735360-1
1. The City/Contractor Agreement was entered into March 10, 1999.
2. The first paragraph of Section 5 "Contract Price" is amended to read as follows:
"5. Contract Price. City shall pay, and contractor shall accept, in full payment for the work to
be done the sum of Three Million, One Hundred and Sixty Three Thousand, three hundred
($3,163,300.00)."
3. Contractor shall perform insulation work for approximately 70 additional homes
within the Aircraft Noise Insulation Program ("ANIP") area including the areas of Village Way
and Camaritas Boulevard, consistent with the plans approved by the City and attached hereto as
Exhibit A.
All other terms and conditions in the City/Contractor Agreement, entered into March 10,
1999, remain in full force and effect to the extent they are not in conflict with the aforementioned
revised language.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and
year first above written.
CITY OF SOUTH SAN FRANCISCO
DATED: BY:
Barry M. Nagel, City Manager
G.E. CHEN CONSTRUCTION, INCORPORATED
DATED:
BY:
Its:
ATTEST:
City Clerk
APPROVED AS TO FORM:
· Steven T. Mattas, City Attorney