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