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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 EXHIBIT A Page 1 of 32 EXHIBIT A Page 2 of 32 EXHIBIT A Page 3 of 32 EXHIBIT A Page 4 of 32 EXHIBIT A Page 5 of 32 EXHIBIT A Page 6 of 32 EXHIBIT A Page 7 of 32 EXHIBIT A Page 8 of 32 EXHIBIT A Page 9 of 32 EXHIBIT A Page 10 of 32 EXHIBIT A Page 11 of 32 EXHIBIT A Page 12 of 32 EXHIBIT A Page 13 of 32 EXHIBIT A Page 14 of 32 EXHIBIT A Page 15 of 32 EXHIBIT A Page 16 of 32 EXHIBIT A Page 17 of 32 EXHIBIT A Page 18 of 32 EXHIBIT A Page 19 of 32 EXHIBIT A Page 20 of 32 EXHIBIT A Page 21 of 32 EXHIBIT A Page 22 of 32 EXHIBIT A Page 23 of 32 EXHIBIT A Page 24 of 32 EXHIBIT A Page 25 of 32 EXHIBIT A Page 26 of 32 EXHIBIT A Page 27 of 32 EXHIBIT A Page 28 of 32 EXHIBIT A Page 29 of 32 EXHIBIT A Page 30 of 32 EXHIBIT A Page 31 of 32 EXHIBIT A Page 32 of 32