HomeMy WebLinkAboutReso 142-2020 (20-700)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 142-2020
File Number: 20-700 Enactment Number: RES 142-2020
RESOLUTION APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A PURCHASE
AGREEMENT AMENDMENT WITH ATLANTIS
WATER MANAGEMENT VICTORIA FOR THE
INCREASE IN QUANTITY FOR THE PURCHASE OF
STORAGE TANK MATERIALS FOR THE
CONSTRUCTION OF THE ORANGE MEMORIAL
PARK STORM WATER CAPTURE PROJECT, IN AN
AMOUNT NOT TO EXCEED $231,900.
WHEREAS, Effective on April 26, 2017, the California Department of Transportation (Caltrans)
agreed to fund $9,500,000 to the Orange Memorial Storm Water Capture Project (Project) through
Cooperative Implementation Agreement No. D43CIASF0001 (CIA) between Caltrans and the City of
South San Francisco (City); and
WHEREAS, On June 26, 2019, the City Council adopted a resolution approving and authorizing
the City Manager to execute a purchase agreement with Atlantis Water Management for the purchase of
storage tank material for the construction of Orange Memorial Park Storm Water Capture Project in an
amount not to exceed $509,500 which included the cost of the material and a 10% contingency; and
WHEREAS, on September 20, 2019 Caltrans increased this funding by $6,000,000 for a total of
$15,500,000 through a second CIA No. D43CIASF0002 to increase the scale of the Original Project and
increase the amount of water quality treatment; and
WHEREAS, as a result, the size of the infiltration gallery increased, thus requiring the purchase of
additional storage modules for construction of the project; and
WHEREAS, a purchase agreement amendment with Atlantis Water Management for the purchase
of storage tank material for the construction of Orange Memorial Park Storm Water Capture Project is
needed to purchase the additional storage material; and
WHEREAS, staff has prepared a draft amendment, attached hereto and incorporated herein as
Exhibit A, and recommends the City execute the amendment with the vendor.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San
Francisc6 hereby approves the purchase agreement amendment, attached hereto and incorporated herein
as Exhibit A, for the purchase of the additional Atlantis storage tank materials (Atlantis Quad Flo Tank)
required for construction of the Orange Memorial Park Storm Water Capture Project.
City of South San Francisco Page 1
File Number. 20-700
Enactment Number. RES 142-2020
BE IT FUTURE RESOLVED, that the Finance Director is hereby authorized to approve the
purchase of Atlantis storage tank materials for an amount not to exceed $741,400.
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the
agreement amendment in Exhibit A with Atlantis Water Management Victoria for the increase in quantity
for the purchase of storage tank materials for the construction of the Orange Memorial Park Storm Water
Capture Project, in an amount not to exceed $231,900, subject to approval as to form by the City
Attorney.
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to make any revisions,
amendments or modifications deemed necessary to carry out the intent of this Resolution that do not
materially alter or increase the City's obligations thereunder, 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
related action necessary to carry out the intent of this Resolution.
At a meeting of the City Council on 10/28/2020, 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 - Z.
sa Govea Acosta, City Clerk
City of South San Francisco Page 2
1st AMENDMENT TO THE PURCHASE AGREEMENT BETWEEN THE CITY OF
SOUTH SAN FRANCISCO AND ATLANTIS WATER MANAGEMENT VICTORIA
THIS FIRST AMENDMENT TO THE PURCHASE AGREEMENT is made at South San Francisco,
California, as of _________, 2020 by and between THE CITY OF SOUTH SAN FRANCISCO
(“City”), a municipal corporation, and ATLANTIS WATER MANAGEMENT VICTORIA
(“Vendor”), (collectively referred together as the “Parties”) who agree as follows:
RECITALS
A. On the June 26, 2019, City and Vendor entered that certain PURCHASE
AGREEMENT (“Agreement”) whereby Vendor agreed to furnish City certain storage tank
products for the construction of the Orange Memorial Park Storm Water Capture Project
(“Products”). A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B. Section 3 of the Agreement provides for a no-to-exceed purchase price of Five
Hundred Nine thousand Five Hundred Dollars ($509,500) for the Products.
C. City desires to procure additional Products from Vendor and, as such, City and
Vendor now desire to amend the Agreement to increase the purchase price amount under 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 Vendor 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: Time of Performance. The end date for time of performance shall be changed from
June 26, 2021 to December 31, 2021.
3. Section 3: Description of Purchase and Price. The not-to-exceed amount under the Agreement
shall be increased by Two Hundred and Thirty-One Thousand and Nine Hundred Dollars
($231,900). As amended, the total payment for the Products shall not exceed Seven Hundred and
Forty-One Thousand and Four Hundred Dollars ($741,400). The City shall have no obligation to
pay Vendor any additional amount beyond the dollar limit identified in Section 3 of the
Agreement unless such dollar limit is specifically amended by separate written amendment.
4. Additional exhibit. Vendor’s additional invoice dated October 16, 2020 for the additional
storage tank products are attached hereto and incorporated herein as Exhibit B.
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 ATLANTIS WATER MANAGEMENT
VICTORIA
By: By:
Mike Futrell, City Manager Robert Khachadourian
Authorized Representative
Approved as to Form:
By:
City Attorney
Exhibit A
Exhibit B