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HomeMy WebLinkAboutReso 27-2025 (25-37)Exhibit A – Draft Fourth Amendment to C/CAG FA AMENDMENT NO. 4 TO THE FUNDING AGREEMENT BETWEEN CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY AND CITY OF SOUTH SAN FRANCISCO FOR CONSTRUCTION PHASE OF THE SMART CORRIDOR EXTENSION PROJECT WHEREAS, the City/County Association of Governments of San Mateo County (hereinafter referred to as “C/CAG,”) and the City of South San Francisco, a municipal corporation, (hereinafter referred to as “City”) are parties to an Agreement dated March 24, 2021, specifying each Party’s obligations and responsibilities for the construction phase of the Smart Corridor extension project in the City (hereinafter referred to as the “Agreement”); and WHEREAS, C/CAG provided the City a total of $917,000 in funding to cover project construction costs through the Agreement dated March 24, 2021; and WHEREAS, C/CAG and the City executed Amendment No. 1 on December 10, 2021 to allocate an additional amount of $1.6M to cover the construction costs and to extend the term of the agreement to June 30, 2023; and WHEREAS, C/CAG and the City executed Amendment No. 2 on June 8, 2023 to extend the term of the agreement to June 30, 2024; and WHEREAS, C/CAG and the City executed Amendment No. 3 to extend the agreement to enable project completion due to project delays to June 30, 2025; WHEREAS, C/CAG and the City desire to amend the Agreement as set forth herein. IT IS HEREBY AGREED by C/CAG and the City as follows: 1. Exhibit B, Funding Summary, shall be replaced in its entirety with a new Exhibit B, Revised Funding Summary, attached hereto and incorporated into the Agreement. 2. Except as expressly amended herein, all other provisions of the Agreement shall remain in full force and effect. 3. This amendment shall take effect on December 12, 2024. SIGNATURES ON FOLLOWING PAGE Exhibit A – Draft Fourth Amendment to C/CAG FA CITY OF SOUTH SAN FRANCISCO CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY By: By: Sharon Ranals Adam Rak City Manager C/CAG Chair Date: Date: Approved as to Form: Approved as to Form: ______________________________ _________________________________ City Attorney Melissa Andrikopoulos Legal Counsel for C/CAG Exhibit A – Draft Fourth Amendment to C/CAG FA Exhibit B Revised Funding Summary Project Cost STIP Funds Other Local Funds (i.e. Measure M Vehicle Registration Fees) TLSP Funds Funding Total Component In thousands of dollars ($1,000) Construction $8,169 $2,044 $2,527 $3,598 $8,169 Total $8,169 $2,044 $2,527 $3,598 $8,169 Exhibit B – Draft Fifth Amendment to Kimley-Horn CSA Page 1 of 3 FIFTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND KIMLEY-HORN AND ASSOCIATES, INC. THIS FIFTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of February 27, 2025, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On April 3, 2017, City and Consultant entered that certain Consulting Services Agreement (“Agreement”) whereby Consultant agreed to provide the City with certain services for the South San Francisco Smart Corridor Extension Project. A true and correct copy of the Agreement and its exhibits are attached as Attachment 1 – Kimley-Horn Original CSA. B. On October 20, 2021, City and Consultant executed a First Amendment to the Agreement to extend the Agreement term. A true and correct copy of the First Amendment and its exhibits are attached as Attachment 2 – First Amendment to Kimley-Horn CSA. C. On January 26, 2022, City and Consultant executed a Second Amendment to the Agreement to extend the Agreement term and compensation amount. A true and correct copy of the Second Amendment and its exhibits are attached as Attachment 3 – Second Amendment to Kimley-Horn CSA. D. On January 26, 2022, City and Consultant executed a Third Amendment to the Agreement to extend the Agreement term and compensation amount. A true and correct copy of the Third Amendment and its exhibits are attached as Attachment 4 – Third Amendment to Kimley- Horn CSA. E. On November 9, 2023, City and Consultant executed a Fourth Amendment to the Agreement to extend the Agreement term and compensation amount. A true and correct copy of the Fourth Amendment and its exhibits are attached as Attachment 5 – Fourth Amendment to Kimley-Horn CSA. F. City and Consultant now desire to amend the Agreement to extend its term and amend the compensation amount. 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. Exhibit B – Draft Fifth Amendment to Kimley-Horn CSA Page 2 of 3 FIFTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND KIMLEY-HORN AND ASSOCIATES, INC. 2. Section 1.1: Term or Services. The end date for term of service, as stated in Section 1.1 and amended by the Third Amendment, is hereby extended to December 31, 2025. 3. Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Consultant an additional sum of $110,000, for an amended total not-to-exceed amount of $690,000. Consultant agrees 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 inwriting. 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] Exhibit B – Draft Fifth Amendment to Kimley-Horn CSA Page 3 of 3 Dated: 02/27/2025 CITY OF SOUTH SAN FRANCISCO KIMLEY-HORN AND ASSOCIATES, INC. By: By: City Manager Kwasi Akwabi-Ameyaw Assistant Secretary/Project Manager Approved as to Form: By: City Attorney Attest: By: City Clerk Exhibit B – Draft Fifth Amendment to Kimley-Horn CSA Attachment 1 – Kimley-Horn Original CSA Exhibit B – Draft Fifth Amendment to Kimley-Horn CSA Attachment 2 – First Amendment to Kimley-Horn CSA Exhibit B – Draft Fifth Amendment to Kimley-Horn CSA Attachment 3 – Second Amendment to Kimley-Horn CSA Exhibit B – Draft Fifth Amendment to Kimley-Horn CSA Attachment 4 – Third Amendment to Kimley-Horn CSA Exhibit B – Draft Fifth Amendment to Kimley-Horn CSA Attachment 5 – Fourth Amendment to Kimley-Horn CSA Exhibit C – Draft Second Amendment to Zoon Engineering CSA SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ZOON ENGINEERING, INC. Page 1 of 2 THIS SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of February 27, 2025, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and ZOON ENGINEERING, INC. (“Consultant”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On May 26, 2021, City and Consultant entered that certain Consulting Services Agreement (“Agreement”) whereby Consultant agreed to provide the City with certain services for the South San Francisco Smart Corridor Extension Project. A true and correct copy of the Agreement and its exhibits are attached as Attachment 1 – Zoon Engineering Original CSA. B. On November 9, 2023, City and Consultant executed a First Amendment to the Agreement to extend the Agreement term and compensation amount. A true and correct copy of the First Amendment and its exhibits are attached as Attachment 2 – First Amendment to Zoon Engineering CSA. C. City and Consultant now desire to amend the Agreement to extend its term and amend the compensation amount. 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 1.1: Term of Services. The end date for the term of service, as stated in Section 1.1 and amended by the First Amendment, is hereby extended to December 31, 2025. 3. Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Consultant an additional sum of $90,000, for an amended total not-to-exceed amount of $903,305. Consultant agrees 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 inwriting. 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 Exhibit C – Draft Second Amendment to Zoon Engineering CSA SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ZOON ENGINEERING, INC. Page 2 of 2 Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] Exhibit C – Draft Second Amendment to Zoon Engineering CSA SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ZOON ENGINEERING, INC. Page 3 of 2 Dated: 11/09/2023 CITY OF SOUTH SAN FRANCISCO ZOON ENGINEERING, INC. By: By: City Manager Nabil Hissen Chief Executive Officer Approved as to Form: By: City Attorney Attest: By: City Clerk Exhibit C – Draft Second Amendment to Zoon Engineering CSA SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ZOON ENGINEERING, INC. Attachment 1 – Zoon Engineering Original CSA Exhibit C – Draft Second Amendment to Zoon Engineering CSA SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ZOON ENGINEERING, INC. Attachment 2 – First Amendment to Zoon Engineering CSA