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HomeMy WebLinkAboutReso 06-2021 (20-1004)City of South San Francisco P.O. Box 711 (City Hall, • 400 Grand Avenue) South San Francisco, CA • City Council Resolution: RES 06-2021 File Number: 20-1004 Enactment Number: RES 06-2021 RESOLUTION AMENDING AN EXISTING CONSULTING SERVICES AGREEMENT WITH KITCHELL CEM FOR PROGRAM AND CONSTRUCTION MANAGEMENT SERVICES ON THE CIVIC CAMPUS PROJECTS IN AN AMOUNT NOT TO EXCEED $862,307.00. WHEREAS, on November 9, 2016, the City Council awarded a Consulting Services Agreement to Kitchell CEM of Sacramento, California ("Consultant") for Program and Construction Management Services for the Community Civic Campus Project in the amount of $5,377,557.00; and WHEREAS, Kitchell has performed satisfactorily on the Civic Campus project and has provided deliverables and services as outlined in Agreement; and WHEREAS, the Project was separated into two phases; Phase 1: Police Operations & 911 Dispatch Center ("Police") and Phase 2: Library, Parks & Recreation and Community Theater / Council Chamber ("LPW'); and WHEREAS, the original schedule included 14.5 months for the design of LPR which due to design changes increased by a total of 6 months; and WHEREAS, the original assumed construction phase duration had a single phase, two projects bidding at the same time with a construction duration of 22 months. Revised assumptions added 6 months to construction duration for a total of 28 months of construction; and WHEREAS, the original project delivery assumed a single phase, with two projects with construction starting concurrently. Current plan has an approximate 11 -month lag between the start dates of each project; and WHEREAS, to allow this work to proceed, staff recommends approving a First Amendment to the existing consultant services agreement with Consultant for the Civic Campus projects in an amount not to exceed $862,307.00; and WHEREAS, the agreement expiration date is extended through June 30, 2023 to align with current projected Civic Campus project completion; and WHEREAS, Kitchell will provide services on a Time and Materials basis with only billing for services rendered; and City of South San Francisco Page 1 File Number. 20-1004 Enactment Number: RES 06-2021 WHEREAS, funding for the Project is included in the City of South San Francisco Capital Improvements Program ("CIP") and sufficient funds are available to cover the amendment cost; and WHEREAS, amendment amount was included in the LPR project budget presented to City Council on November 9, 2020 totaling a project total amount of $101,000,000.00. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby authorizes the First Amendment attached herewith as "Exhibit A" of the existing consulting services agreement with Kitchell CEM of Sacramento, California in an amount not to exceed $862,307.00 and authorizing a total not to exceed contract amount of $6,239,864.00. BE IT FURTHER RESOLVED that the First amendment will extend the term of the consulting services agreement from June 30, 2021 to June 30, 2023. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement amendments and any other related on behalf of the City upon timely submission of Kitchell's signed contract amendment and all other required documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. At a meeting of the City Council on 1/13/2021, a motion was made by Vice Mayor Nagales, seconded by Councilmember Nicolas, that this Resolution be approved. The motion passed. Yes: 4 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, and Councilmember Coleman Attest by W & L osa Govea Acosta, City Clerk City of South San Francisco Page 2 Printed on 1/14/21 Exhibit A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND KITCHELL CEM THIS FIRST AMENDMENT to the Consulting Services agreement is made at South San Francisco, California, as of January 13, 2021 by and between the CITY OF SOUTH SAN FRANCISCO ("City"), a municipal corporation, and KITCHELL CEM ("Consultant"), (sometimes referred together as the "Parties") who agree as follows: RECITALS A. On November 9, 2016, City and Consultant entered that certain Consulting Services Agreement ("Agreement") whereby Consultant agreed to Program and Construction Management 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 Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Section 1: Term. The June 30, 2016 end date for the term of services identified in Section of the Agreement is hereby replaced with June 30, 2023. 3. Section 2: Compensation. Section 2 of the Agreement shall be amended by the amount of $862,307.00 such that the City agrees to pay Contractor a sum not to exceed totaling $6,239,864.00, with the understanding that up to $3,392,920.01 has already been paid to Consultant. Original Contract Amount: $5,377,557.00 Amendment 41: $ 862,307.00 Total Contract Amount: $6,239,864.00 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. [SIGNATURES ON THE FOLLOWING PAGE] Dated: CITY OF SOUTH SAN FRANCISCO CONSULTANT m. Mike Futrell City Manager Approved as to Form: 0 City Attorney Attested: .0 City Clerk as