RESOLUTION NO. 2023-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA AMENDING AND RESTATING RESOLUTION NO. 2024-9378, ADOPTED ON NOVEMBER 12, 2024, BY WHICH CONTRACT 6176 WITH SEMA CONSTRUCTION WAS AMENDED, AND BY WHICH THE FY 2024/2025 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE CREEK INFRASTRUCTURE PROJECT (CIP NOS. 88264, 88265) WAS AMENDED WHEREAS, the City Council of the City of San Marcos (City) adopted Resolution No. 2024-9378 on November 12, 2024, and City staff thereafter ascertained that total not-to-exceed figure for amendment of contract 6176 with SEMA Construction should have been $75,000,000.00 rather than $73,357,595; WHEREAS, the City Council approved construction contract number 6176 (“contract”) with SEMA Construction Inc. for the Creek Infrastructure Project (“Project”); and WHEREAS, unforeseen delays have impacted the progress of the Project, causing delays beyond the contractor’s control; and WHEREAS, the City has analyzed the reasonableness and nature of the delays to the critical path of the Project and has determined that 112 days of extension are justified; and WHEREAS, the contract provides the means for payment through individual time -dependent bid items; and WHEREAS, funding for the additional payments has been identified from existing and available sources; and WHEREAS, amendment of the current contract with SEMA Construction is necessary to allow for these additional paymenst; and WHEREAS, the City Council now intends to amend and restate Resolution No. 2024-9378 to reflect the correct figure of $75,000,000.00 for the amended amount of contract 6176.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Marcos, California, does hereby resolve and order as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference into this Resolution.
Section 2. The appropriation of an additional $2,000,000.00 of TransNet (404) funds to the Creek Infrastructure Project CIP#'s 88264 & 88265, is approved.
Section 2. The City Council hereby approves the amendment of Resolution 2024-9378, which modified the not-to-exceed amount of contract 6176 with SEMA Construction to $73,357,595, to reflect instead a new not-to-exceed amount of $75,000,000.00 for contract 6176.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting held on this 26th day of November 2024, by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
____________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
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Phillip Scollick, City Clerk