HomeMy WebLinkAboutReso 163-2018 (18-847)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
Imm South San Francisco, CA
City Council
NNW Resolution: RES 163 -2018
File Number: 18 -847 Enactment Number: RES 163 -2018
RESOLUTION APPROVING THE 4TH AMENDMENT OF THE
CONSULTING SERVICES AGREEMENT WITH MARK THOMAS &
COMPANY, INC. OF SAN JOSE, CA IN AMOUNT OF $255,000 FOR
A TOTAL NOT TO EXCEED AMOUNT OF $745,875.
WHEREAS, the South Airport Boulevard Bridge (Bridge) at North Access Road (Bridge No. 35C044) is
a 45 -foot wide at grade -bridge built in 1949 and widened in 1975; and
WHEREAS, the biennial inspection performed by Caltrans in May 2009 identified repairs necessary for
the maintenance and safe operation of the Bridge; and
WHEREAS, on February 24, 2010, the City Council awarded a consultant services agreement to Mark
Thomas & Company to provide inspection services and develop design recommendations to repair the
Bridge; and
WHEREAS, Based upon the findings of Mark Thomas and Company, a recommendation was submitted
to Caltrans requesting replacement of the Bridge through the Caltrans Highway Bridge Program (HBP);
and
WHEREAS, on June 21, 2012, the City received notification that the bridge was approved for eligibility
and funding for Preliminary Engineering by the Federal Highway Administration (FHWA) for Fiscal
Year 2012 -13; and
WHEREAS, on April 5, 2017, the City received the Authorization to Proceed to Construction from
Caltrans; and
WHEREAS, since the original agreement was signed with Mark Thomas and Company, Inc. there have
been three amendments to incorporate work necessary for successive phases of the project which
increased the agreement authority to $490,875; and
WHEREAS, in early May 2018, a preliminary site inspection determined the deterioration of the Bridge
pilings was significantly worse than previously observed; and
WHEREAS, on May 21, 2018, in the interest of public safety, the Bridge was completely closed to
traffic and a full Bridge closure is currently in place; and
City of South San Francisco Page 1
File Number: 18 -847 Enactment Number: RES 163 -2018
WHEREAS, the Bridge replacement project (stl30l) was originally planned utilizing a two -year phased
schedule in order to keep the Bridge open for traffic; and
WHEREAS, with the full closure of the Bridge, staff worked with the contractor, ProVen Management,
Inc., the construction manager, Biggs Cardosa Associates, Inc., and the design consultant Mark Thomas
& Company, Inc. to develop and implement an accelerated construction schedule to complete the bridge
replacement in a single season, by November 16, 2018; and
WHEREAS, with the accelerated construction schedule, the cost for additional construction support and
design services has increased the by $255,000.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that
the City Council amends the consulting services agreement of Mark Thomas & Company of San Jose,
California in an amount of $255,000 with a total not to exceed $745,875.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the
Finance Department to establish the project budget in accordance with the accompanying staff report,
including the changes contained in budget amendment 19.014.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the amendment to
the agreement and any other related documents on behalf of the City upon timely submission by Mark
Thomas & Company the signed contract amendment and all other documents, subject to approval by the
City Attorney.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other
related actions consistent with the intention of this resolution.
At a meeting of the City Council on 9/26/2018, a motion was made by Richard Garbarino, seconded by
Pradeep Gupta, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Normandy, Mayor Pro Tem Matsumoto, Councilmember Garbarino,
Councilmember Gupta, and Councilmember Addiego
Atte t by
Kri a a n 1
City of South San Francisco Page 2
FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND MARK THOMAS AND COMPANY, INC.
THIS FOURTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at
South San Francisco, California, as of September 12, 2018, by and between THE CITY OF SOUTH
SAN FRANCISCO (“City”), a municipal corporation, and MARK THOMAS AND COMPANY, INC.
(“Consultant”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
WHEREAS, on July 11, 2012, Consultant and City entered into the Agreement, pursuant to
which City contracted with Consultant to provide consulting services related to the San Bruno Canal
Bridge Replacement at South Airport Boulevard and North Access Road; and
WHEREAS, pursuant to the Agreement, City agreed to pay Consultant a sum not to exceed
Three Hundred Seventy Five Thousand, Seven Hundred Seventy Five Dollars ($375,775.00) for
professional services set forth in the Agreement; and
WHEREAS, on August 26, 2015, City and Consultant entered into the First Amendment to the
Agreement, which provide extension of time until December 31, 2016 to complete the services
contemplated under the Agreement; and
WHEREAS, on November 1, 2016, the City and Consultant entered into the Second Amendment
to expand the services under the Agreement to provide additional construction management services and
additional compensation of One Hundred and Fifteen Thousand, One Hundred Dollars ($115,100) for a
total not to exceed amount under the Agreement of Four Hundred and Ninety Thousand, Eight Hundred
and Seventy-Five Dollars ($490,875); and
WHEREAS, on February 17, 2017, the City and Consultant entered into the Third Amendment
to further extend the time until December 31, 2020, to complete the services contemplated in the
Agreement with the understanding that the City has no obligation to provide Consultant with additional
compensation beyond the maximum amount provided for in the Agreement and previous Amendments.
WHEREAS, the City and Consultant now desire to enter into this Fourth Amendment to provide
additional design services during construction and additional compensation of Two Hundred Fifty Five
Thousand Dollars ($255,000) for a total not to exceed amount under the Agreement of Seven Hundred
Forty Five Thousand Eight Hundred Seventy Five Dollars ($745,875); and
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 Contractor
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 3. Section - of the Agreement shall be amended such that the City agrees to pay Contractor
a sum not to exceed Six Hundred Sixty Three Thousand Eight Hundred Seventy Five Dollars
($663,875), with the understanding that up to Four Hundred and Ninety Thousand, Eight Hundred
and Seventy-Five Dollars ($490,875) has already been paid to Consultant.
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 in writing.
3. Scope of Services. The Scope of services is amended and attached as Exhibit B to 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
By: By:
Mike Futrell, City Manager Sasha Dansky, P.E./QSD, Principal
Approved as to Form:
By:
City Attorney
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