HomeMy WebLinkAboutReso 161-2018 (18-529)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 161 -2018
File Number: 18 -529 Enactment Number: RES 161 -2018
RESOLUTION AMENDING THE CONSTRUCTION CONTRACT TO
PROVEN MANAGEMENT, INC. OF OAKLAND, CALIFORNIA BY
AN AMOUNT OF $2,159,527 WITH A TOTAL NOT TO EXCEED
AMOUNT OF $7,392,400; APPROVING BUDGET AMENDMENT
19.014 AND AUTHORIZING A TOTAL PROJECT BUDGET OF
$10,300,740; AND AMENDING THE FISCAL YEAR 2018 -19 CIP
BUDGET BY $2,497,840.
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 April 5, 2017, the City received the Authorization to Proceed to Construction from
Caltrans under the Highway Bridge Program (HBP); and
WHEREAS, under the Highway Bridge Program 88.53% of all eligible costs are funded by the FHWA
and an 11.47% local match; and
WHEREAS, on December 13, 2017, City Council awarded a construction contract to ProVen
Management, Inc. for the replacement of the South Airport Boulevard Bridge in the amount of
$5,232,872.75 ( "Bridge Replacement Project "); 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
WHEREAS, the Bridge Replacement Project (st1301) 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 construction 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
City of South San Francisco Page 1
File Number: 18 -529
Enactment Number., RES 161 -2018
WHEREAS, in order to accelerate the construction schedule and open bridge to traffic by November 16,
2018, there are additional costs, which includes those contained in the additional Incentive Payment
schedule attached hereto, beyond those considered in a two -year project; and
WHEREAS, the revised cost for ProVen Management to complete accelerated construction of bridge and
traffic control is an additional $2,159,527 with a total not to exceed amount of $7,392,400; and
WHEREAS, this Project is funded by a combination of Federal Highway Administration (FHWA)
Highway Bridge Program grant and Measure A funds from the City; and
WHEREAS, on August 23, 2018, staff submitted revised financial documents with supporting
justification to Caltrans and anticipates approval of additional project funding from FHWA for 88.53%
of costs incurred as a result of the accelerated construction schedule; and
WHEREAS, currently there is a shortfall of $378,595 in local match funds from the existing authorized
Measure A budget of $802,900; and
WHEREAS, staff is recommending including the General Fund as a funding source and transfer the
additional local match funds from the North Access Road Bike and Pedestrian Improvements (Project
st 1806).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that
the City Council amends the construction contract of ProVen Management, Inc. of Oakland, California
by an amount of $2,159,527 with a total not to exceed amount of $7,392,400.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco approves budget
amendment 19.014, authorizing a total Project budget of $11,150,740, amends the fiscal year 2018 -19
CIP budget by $3,347,840 and authorizes the City Manager to utilize any unspent monies of the project
budget towards construction contingency. .
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.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco approves an
incentive payment schedule in substantially the same form as that attached hereto as Exhibit 2, the final
execution of which is subject to approval by the City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the amendment to
the construction contract and any other related documents on behalf of the City upon timely submission
by ProVen Management, Inc. 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 action consistent with the intention of this resolution.
City of South San Francisco Page 2
File Number- 18 -529 Enactment Number. RES 161 -2018
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 Tern Matsumoto, Councilmember Garbarino,
Councilmember Gupta, and Councilmember Addiego
Attest by (�M__
Krista . elli
City of South San Francisco Page 3
1st AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND PROVEN MANAGEMENT, INC.
THIS FIRST AMENDMENT TO THE PUBLIC WORKS CONTRACT 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 PROVEN MANAGEMENT,
INC. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows:
RECITALS
A. On December 13, 2017, City and Contractor entered that certain Public Works Contract
Agreement (“Agreement”) whereby Contractor agreed to provide construction services for the
South Airport Blvd & North Access Rd San Bruno Canal Bridge Replacement Project. A true
and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. City and Contractor 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
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. Contract Price. Section 4 of the Agreement under Part I: Form Agreement shall be
amended such that the City agrees to pay Contractor a sum not to exceed $7,392,400,
with the understanding that up to $5,232,873 may have already been paid to Contractor.
Contractor 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 Work. The Scope of Work under Part I: Form Agreement shall be amended in
accordance with Exhibit B, attached to this Amendment and incorporated herein.
4. Working Hours. Section 7 of the Agreement under Part III: Special Conditions shall
be amended in accordance with Exhibit C, attached to this Amendment and
incorporated herein.
5. Incentive Payments For Early Completion. Section 23 regarding incentive payments
shall be added to Part III: Special Conditions of the Agreement in accordance with
Exhibit D, attached to this Amendment and incorporated herein.
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 PROVEN MANAGEMENT, INC.
By: By:
Mike Futrell, City Manager William Gilmartin III, Vice President
Approved as to Form:
By:
City Attorney
EXHIBIT A
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TABLE A- INCENTIVE PAYMENT BY COMPLETION DATE
Monday
15
Tuesday
16
Wednesday
17
Thursday
18
Friday
19
Saturday Sunday
20 21
Daily
$45,000
$45,000
$45,000
$45,000
$45,000
$0
$0
Cumulative
$850,000
$805,000
$760,000
$715,000
$670,000
$625,000
$625,000
5
22
23
24
25
26
27
28
Daily
$40,000
$40,000
$40,000
$40,000
$40,000
$0
$0
Cumulative
$625,000
$585,000
$545,000
$505,000
$465,000
$425,000
$425,000
12
29
30
31
16
Daily
Daily
$35,000
$35,000
$35,000
$0
Cumulative
Cumulative
$425,000
$3900000
$355,000
$0
.NOVEMBER
1
2
3
4
Daily
$35,000
$35,000
$0
$0
Cumulative
$320,000
$285,000
$250,000
$250,000
5
6
7
8
9
10
11
Daily
$30,000
$30,000
$30,000
$30,000
$30,000
$0
$0
Cumulative
$250,000
$220,000
$190,000
$160,000
$130,000
$100,000
$100,000
12
13
14
15
16
Daily
$25,000
$25,000
$25,000
$25,000
$0
Cumulative
$100,000
$75,000
$50,000
$25,000
$0
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EXHIBIT B
Scope of Work for Accelerated One Season Construction
This Cost/Schedule Change Request is being submitted to request an increase in the construction
costs and expedite the construction schedule. The bridge was closed due to significant
deterioration and substantial loss of capacity of the timber and concrete piles presenting an
immediate public safety concern and liability for the City with both current and the anticipated
staged construction traffic loads. The bridge closure required additional cost for detours, signage,
message boards, striping, and flaggers to control traffic and has increased the associated
construction cost significantly. South Airport Blvd has an ADT of 19,000 and is operating near
capacity so the bridge closure and resulting detour has affected the entire South Airport Blvd.
and Gateway Blvd. corridors north of the bridge closure and been a monumental task to control
traffic in the area.
The Cost/Schedule Change Request is also being submitted to appeal for additio nal funding to
proceed to an accelerated schedule to be able to reopen traffic by November 16, 2018 to
minimize the resulting congestion and traffic impact to the public. Contractor will be working 6-
12 hour shifts for 6 days per week (Monday thru Saturday) and occasionally on Sunday.
The Construction Engineering Cost Request is 20% of the revised bridge costs due to all the
engineering costs associated with detouring traffic due to bridge closure. This included detour
routes and all the signage for local streets and on US 101 and I-380 as requested by Caltrans.
Also CE costs exceed 15% due to the accelerated schedule which will have Construction
Inspectors working 2-8 hour per week (Monday thru Friday) shifts per day and also working on
Saturdays and some Sundays.
EXHIBIT C
EXHIBIT D