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HomeMy WebLinkAboutReso 141-2019 (19-726)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 141-2019 File Number: 19-726 Enactment Number: RES 141-2019 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE EXISTING CONSULTING AGREEMENT WITH CONTRACTOR COMPLIANCE AND MONITORINGS INC. (CCMI) OF SAN MATEO, CALIFORNIA, FOR $75,302 FOR A TOTAL NOT TO EXCEED AN AMOUNT OF $148,802. WHEREAS, the Wet Weather and Digester Improvements Project currently under construction is funded by the State Revolving Fund (SRF); and WHEREAS, the SRF loan requirements dictate the development and monitoring of a Labor Compliance Program (LCP) per California Code, the Department of Industrial Relations, and Federal Wage Requirements (Davis -Bacon Act); and WHEREAS, the City selected Contractor Compliance and Monitoring, Inc. (CCMI) through a competitive proposal process to develop and monitor the LCP; and WHEREAS, the general contractor originally identified six (6) subcontractors in the bid documents for this project; and WHEREAS, the project has progressed and matured and the Contractor has now used 21 subcontractors, all of which must participate in the LCP; and WHEREAS, the increased number of subcontractors has resulted in significant additional effort on CCMI's part to implement and monitor the LCP; and WHEREAS, the additional $75,302 is commensurate with the increased level of effort by CCMI; and WHEREAS, because of the increased level of effort and because the LCP is a specific requirement of the SRF loan program, staff recommends amending the consulting agreement with CCMI by the amount of $75,302; and WHEREAS, funding for this amendment exists in the City of South San Francisco Fiscal Year 2019-20 Capital Improvement Program (CIP) Wet Weather and Digester Improvements Project (CIP Project No. ss1301). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves an amendment to the existing Consulting Services Agreement for City of South San Francisco Page 1 File Number: 19-726 Enactment Number. RES 141-2019 monitoring services to Contractor Compliance and Monitoring, Inc. in an amount not to exceed $148,802. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the First Amendment to the Consulting Services Agreement, of which a draft is attached to this resolution as Exhibit A, on behalf of the City, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other actions consistent with the intent of this resolution that do not materially increase the City's obligations. At a meeting of the City Council on 10/23/2019, a motion was made by Councilmember Addiego, seconded by Councilmember Nagales, that this Resolution be approved. The motion passed. Yes: 4 Vice Mayor Garbarino, Councilmember Addiego, Councilmember Nagales, and Councilmember Nicolas Absent: 1 Mayor Matsumoto Attest by lk_-11 osa Govea Acosta City of South San Francisco Page 2 [FIRST] AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND [CONTRACTOR COMPLIANCE AND MONITORING, INC. ] THIS [FIRST] AMENDMENT TO THE [Consulting Services] AGREEMENT is made at South San Francisco, California, as of [xxxx, 2019] by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and [Contractor Compliance and Monitoring, Inc. ] (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A.On [October 19, 2018], City and Contractor entered that certain [Consulting Services] Agreement (“Agreement”) whereby Contractor agreed to [provide labor compliance monitoring services for the construction phase of the Wet Weather and Digester Improvements Project (CIP Project No. ss1301) ]. 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.Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $148,802, with the understanding that up to $16,640 has 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. 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 A Dated: CITY OF SOUTH SAN FRANCISCO CONTRACTOR By: By: City Manager [NAME] Approved as to Form: By: City Attorney