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HomeMy WebLinkAboutReso 38-2020 (20-184)File Number: 20-184 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 38-2020 Enactment Number: RES 38-2020 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH TRC FOR CONSULTANT SERVICES FOR AN ADDITIONAL $620,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,732,760, AND APPROVING BUDGET AMENDMENT #20.038. WHEREAS, on February 14, 2018, the City Council of the City of South San Francisco approved a consulting services agreement ("Agreement") with TRC to provide consulting services in an amount not to exceed $632,760, attached hereto and incorporated herein as Exhibit A; and WHEREAS, the construction of the project was originally anticipated to be complete in June 2019; and WHEREAS, on August 14, 2019, the City Council approved executing Amendment #1 to the Agreement for $480,000 to extend the scope of work for construction management and inspection services for the Project based on an anticipated completion date of February 2020, attached hereto and incorporated herein as Exhibit B; and WHEREAS, due to construction delays, the anticipated completion date is now July 2020; and WHEREAS, the City will require additional construction management and inspection services to cover the additional construction duration; and WHEREAS, staff proposes the City execute a Second Amendment to the Agreement with TRC for an additional amount of $620,000, and amending the project's total budget to $1,732,760; and WHEREAS, staff further recommends that budget amendment #20.038 by approved to re -appropriate funding for this proposed amendment. NOW THEREFORE BE IT RESOLVED, that the City Council of South San Francisco hereby takes the following actions: Approves the Second Amendment to the Agreement, attached hereto and incorporated herein as Exhibit C, extending the term for one year and increasing the not to exceed amount by $620,000, for an amended total not to exceed amount of $1,732,760. Authorizes the City Manager to execute the Second Amendment and to make any revisions, amendments, or modifications deemed necessary to carry out the intent of this resolution, which do not materially alter or increase the City's obligations thereunder, subject to approval as to form by City of South San Francisco Page 1 Printed on 3/26/20 File Number. 20-184 Enactment Number., RES 38-2020 the City Attorney. BE IT FURTHER RESOLVED, that the City Council does hereby approve budget amendment #20.038 amending the Fiscal Year 2019-20 Capital Improvement Program, appropriating a project budget of $800,000 in the manner prescribed in the Fiscal Impact section of the accompanying staff report. Exhibits: Exhibit A - Fully Executed TRC Agreement for CM Services Exhibit B - Fully Executed TRC Amendment #1 Exhibit C - Contract Amendment #2 TRC At a meeting of the City Council on 3/25/2020, a motion was made by Vice Mayor Addiego, seconded by Councilmember Nicolas, that this Resolution be approved. The motion passed. Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember Nicolas, and Councilmember Matsumoto Attest by 10sa Govea Acosta, City Clerk City of South San Francisco Page 2 Exhibit A Fully Executed TRC Agreement for CM Services Exhibit B Exhibit C Contract Amendment 2 TRC SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND TRC ENGINEERS, INC. THIS SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT is made at South San Francisco, California, as of December 30, 2019 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and TRC ENGINEERS, INC. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On February 14, 2018, City and Contractor entered that certain Consultant Services Agreement (“Agreement”) whereby Contractor agreed to provide construction management and inspection services for $632,760. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B. On August 14, 2019, City Council awarding Amendment #1 for $480,000 to extend the scope of work for construction management and inspection services for the Project based on an anticipated completion date of February 2020. A true and correct copy of Amendment #1 is attached as Exhibit B. C. 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 1: Term. The December 31, 2019 end date for the term of services identified in Section 1 of the Agreement is hereby replaced with December 31, 2020. 3. Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $1,732,760, with the understanding that up to $1,112,760 has already been paid to the 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, scope of services, 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 CONTRACTOR By: By: Charles M. Futrell City Manager Approved as to Form: By: City Attorney