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HomeMy WebLinkAbout2004-10-27 e-packetAGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, OCTOBER 27, 2004 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. RAYMOND L. GREEN Vice Chair RICHARD A. GARBARINO, SR. Boardmember RICHARD BATTAGLIA Investment Officer BARRY M. NAGEL Executive Director KARYL MATSUMOTO Chair JOSEPH A. FERNEKES Boardmember PEDRO GONZALEZ Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of October 13, 2004 2. Motion to confirm expense claims of October 27, 2004 CLOSED SESSION 3. Pursuant to Government Code Section 54956.8 real property negotiations related to 178- 190 Airport Boulevard, 3 80 Alta Vista Drive, and SF-PUC property located on Mission Road (APNs: 093-312-050/060); Agency Negotiator: Redevelopment Agency Assistant Director Van Duyn ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEET1NG OCTOBER 27, 2004 AGENDA PAGE 2 SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUN][TY ROOM 33 ARROYO DRIVE WEDNESDAY, OCTOBER :27, 2004 6:00 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hc4d a Special Meeting on Wednesday, the 27th day of October 2004, at 6:00 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda 4. Closed Session: a) Pursuant to Government Code Secfon 54956.9(b): conference with legal counsel - existing litigation: Hart v. Cits' of South San Francisco b) Pursuant to Government Code Section 54957.6 conference with Labor Negotiator Bower for employee bargain:ng unit AFSCME, Local 1569 c) Pursuant to Government Code section 54956.95, liability claims Claimant: Morales; Agency claimed against: City of South San Francisco 5. Adjournment SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, OCTOBER 27, 2004 7:01 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 27th day of October 2004, at 7:01 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 2. 3. 4. Call to Order Roll Call Public Comments - comments are limited to items on the Special Meeting Agenda Closed Session: a) Pursuant to Government Code Section 54957.6 conference with Labor Negotiator Bower for employee bargaining unit AFSCME, Local 1569 b) Pursuant to Government Code Section 54956.9(b): conference with legal counsel - anticipated litigation: significant exposure to litigation, one case c) Pursuant to Government Code section 54956.95, liability claims Claimant: Morales; Agency claimed against: City of South San Francisco 5. Adjournment AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, OCTOBER 27, 2004 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RAYMOND L. GREEN Vice Mayor RICHARD A. GARBARINO, SR. Councilman RICHARD BATTAGLIA City Treasurer BARRY M. NAGEL City Manager KARYL MATSUMOTO Mayor JOSEPH A. FERNEKES Councilman PEDRO GONZALEZ Councilman SYLVIA M. PAYNE City Clerk STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS · Halloween Safety- Fire Chief Phil White and Police Chief Mark Raffaelli AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Announcements · Committee Reports CONSENT CALENDAR 1. Motion to approve the minutes of October 13 and 20, 2004 2. Motion to confirm expense claims of October 27, 2004 3. Resolution authorizing agreement with Holman & Associates for archeological services for the Wet Weather Project in the mount of $40,000 4. Motion to adopt an ordinance repealing SSFMC Chapter 18, Section 18.04, Transportation System Management Program 5. Resolution authorizing amendment to agreement with Wilsey Ham for geotechnical oversight services in the amount of $123,104 ADMINISTRATIVE BUSINESS 6. Resolutions authorizing Basic Life Support Ambulance Service and budget amendment to appropriate funds for the service COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING OCTOBER 27, 2004 AGENDA PAGE 2 DATE: TO: FROM: SUBJECT: October 27, 2004 Honorable Mayor and City Council Marry Van Duyn, Assistant City Manager WET WEATHER PROJECT PHASE I to IV - EAST OF 101 ARCHEOLOGICAL MONITORING AND MITIGATION RECOMMENDATION It is recommended that the City Council award a contract to Holman & Associates in the amount not to exceed $40,000 to provide archeological services. BACKGROUND/DISCUS SION Holman and Associates have been engaged by the City of South San Francisco for a number of years, since approximately 1988, to provide archeological services at the Terrabay project. The company is very familiar with the City and its history and has served the City well in bringing the Terrabay project to its present state. The funding from the State as well as Federal regulations require that an archeological expert be retained during the engineering and construction of the project to ensure all State and Federal regulations are met. If indeed an archeological site were discovered, it would need to be preserved through appropriate procedures. Holman and Associates will be retained to ensure that no regulations are over looked. FUNDING Funding is included in the Wet Weather Project Phase I to IV. State Revolving Funds will finance this project. By~ Assistant City Managc¥' Attachment: Resolution Ageement Approv~i.'~.... ~' (" ~--~ k'-~rry'M. Nag~''''~-~'''' City Manager~ RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AI¥3nRDING A CONTRACT TO HOLMAN & ASSOCIATES IN THE AMOUNT NOT TO EXCEED $40,000 TO PROVIDE ARCHEOLOGICAL SERVICES WHEREAS, staff recommends awarding a contact to Holman & Associates in the amount not to exceed $40,000 to provide archeological services; and WHEREAS, funding is included in the Wet Weather Project Phase I to IV; and WHEREAS, State Revolving Funds will finance this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards a contact to Holman & Associates in the amount not to exceed $40,000 to provide archeological services. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\l 0-27-04Holman&Associates.res.doc CONSULTING SERVI.CES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND HOLMAN & A SSOCIA TES THIS AGREEMENT for consulting services is made by and between the City of South San Francisco ("City") and Holman & Associates ("Consultant") (together sometimes referred to as the "Parties") as of July I6, 2004 (the "Effective Date'). Section 1. S. ERVICES. Subject to the ~erms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and ~ncorporatec herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1,1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on 12-31-2005 the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant [o complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8 1.2 1.3 1,4 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shalt conform to the standards of quality norma ly observed by a person practicing in Consultant's profession. Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of C~ty, reassign such person or persons. Time: Consur~ant shall devote such time to the performance of services ~ pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees ~o pay Consultant a sum not to exceed $40,000 00, notwithstanding any contrary indications that may be contained in Consultant's propose, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's prcposal, aftached as Exhibit A regarding the amount of compensation the Agreement she p'evail. Cit~ services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit alt invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid bv City to Consultant under this Agreement is based upon Consu tant's estimated costs of providin~ the services required I~ereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this AgreemenL 2.1. 2.2 2.3 Invoices. Consultant shall submit invoices not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: 1 Seriat identifications of progress bills; i.e, Progress Bill No. 1 for the first invoice, etc.; 2 The beginning and ending dates of the billrng period; 3 A Task Summary containing the onginal contract amount, the amount of prior billings, the total due this period the balance available under the Agreement, and the percentage of completion; 4 At Citys option for each work item in each task, a copy of the a~plicable time entries or time sheets shall be submitted showing the name of the person doing the work. the hours spent by each person, a brief description of the work and each reimbursable expense; 5 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as welt as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consu rant reaches or exceeds 800 hours, which shall inclJde an estimate of the time necessary to complete the work described in _Exhibi.t A~; 6 The Consultant's si§nature Monthly Payment. City shall make monthly payments, based on ~nvotces received, for services satisfactorily :)efformed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above ~o pay Consultant Final Payraent. City shall pay the last 10% of the total sum due pursuant to this 2.4 Agreement withiq sixty (60) days after completion of the services and submittal to City of a final invoice, if all serwces required have been satisfactorily performed. Total Payment, City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever ncurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an arnounI in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts sr~own on the following fee schedule: 2.6 Reimbursable Expenses, Reimbursable expenses are specified below. Expenses not listed below are not chargeable to City, Reimbursable expenses are ~ncluded in the total amount of compensation provided under this Agreement that shall not be exceeded 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event tl-~at the City or Consultant termh~ates this Agreement 3ursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any ,.,os,.s whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein Consultant shall at its sole cost and expense, provide all facilities and equipment that may be necessary to perbrm the services required by this Agreement. City shall m, ake avaiIable to Consultant only [he facilities and equipment listed in this section, and only under the terms and conditions set fort~ herein. City shall furnish physical facilities SUCh as desks filing cabinets and conference space, as may be 'easonably necessary for Consultant's use white consulting with City employees and rev,ewing records and the information in possession, of the City The location, quanti!y, and time of furnishing those facilities shall be ir the sole discretion of City. in no evenl shal City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance tel.ephone or other cornmunication charges, vehicles, and reproduction facilities Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounm of insu[ance listed below against claims for njuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as E~xh!bit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of ~nsurance satisfactory, in ail respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the t.erm of this Agreement The cost of SUCh insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontracto~ to commence work on any subcontract until Consultant has obtained afl ~nsuran:,e required herein for the subcontractor(si and provided evidence thereof to City Verification of the required insurance shalI be submitted and made part of this Agreement prior to execute'on. 4.1 Workers' Compensation, Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Emdoyer's Liability Insurance shall be provided witln limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accidem. In the alternative. Consultant may rely on a self- insurance program to meet those requirements, but only if the program of seff- insurance compl~es fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive ali rights of subrogation against the City and its officers, officials, employees and. volunteers for foss arising from w'ork performed under this Agreement. 4.2 Commercial General and Au.t_o?ob!!e Liabi,!ity Insurance, 4.2.t General requirements. Consultant. at ~ts owr~ cost and expense, shatt maintain commercial general and automobile liability insurance for the term of this Agreement~ in an amount no~ Iess than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single .limit coverage for risks associated with the work contemplated by this Agreement. if a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used either the generai aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrense iimit. Such coverage shall include but 4,3 shall not be limited to, protection aga~r, st claims arising from bodily and personal injury, including death resulting therefrom, and damage io property resulting from activities co,mere olated unoer this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coveraqe_, Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form numbe~ GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broac as ~nsurance Services Office Autornobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 No endorsement shal be attached limiting the coverage. 4.2.3 Additional requ. irements Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis Any failure of Consultant to comply with reporting provpsions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. Professional Liability Insur,ance__ 4.3.1 General req..ui_Lements, Consultant, at its own cost and expense, shall main rain for the period covered by this Ag reement profession al liability insurance for licensed professionals performing work pursuant to this Agreement in an amoum not less tn~n ONE MILLION DOLLARS ($1,000,000) covering the licensad professionals errors and omissions. Any deductible or se f_in~ ,,-=,~ rctontion -~-~' .......... ~,~, no~ exceed $150,000 oer claim. 4.3.2 Claims-marine limitations, The following provisions shall apply if the professional liability cove, age is written o~ a claims-made form: The retroactive da~e of u~e policy musi be shown and must be before the date of the Agreement. Insurance must be maintained a~3d evidence of ~nsurance must be provided for at least five years after somsietion of tne Agreement or the work so lona as cornrnercial!y ,:~vallable at reason a b!e rates. c. If coverage is canceled or not renewed and it is not replaced with 4.4 another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a mtn mum of five years after completion of [ne Agreement or the work. The City shall nave the right to exercise, at the Consultant's sole cost and expense any extended reporting provisions of the policy, if the Consultant cancels or does not renew tr~e coverage, A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. All Policies Requirements. 4.4.1 Acc,eptabj ity of insurers. Ail insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4,4.2 Verification of coveragE,. Prior to beginning any work under this Agreement, Consultant snail furnish City with complete certified co3~es of all policies, including complete certified cop~es of al, endorsements. Alt copies of pol.icies and certified endorsements shall snow the signature of a person authorized by that insurer ~o bind coverage on its behalf. 4.4.3 Notice of Reduction in or Cancella.f:ion of Coverage, A certified endorsemem shall be attached to at, insurance obtained pursuant to this Agreement stating tha! coverage shati not be suspended, voided, canceled by either party, or reduced ~n coverage or in !h'n ts, except after thirty (30) days' prior written notice bv certified mail, return receipt requested, nas been Dven to the City. in the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant hah provide written notice to S City at Consulfant'~ earliest .... ~'~ ~ ..... ', ....... ~-,~oo,,;,~ u._~u [u 1Lv ~na in no case la~er than ten (10) working days after Consultant ~s notJfie~J of the change n coverage. 4,4.4 .A_¢d!_ttional insured: pz. jmaLv_Ln~urance. City and its officers, e~T~ployees, agents, and vo!unteers snail be covered as additional ~nsureds with resoect to each of [he following: liability arising out of activities performed by or on behalf of Consultant. including t~he insured's general su~)ervision of Consultant; products and corr. pleted operations of Consultant as applicable; premises owned occupied or used by Consultant: and automobiles owned, teased, or Llsed by the OOnSL!ll:arlt in the course of providing services pursuant to this Aareement, Th~ coverage shall coniain no special Jitniiat~ens on 'Ihe~ scope of orotect~on afforded to City or Its off cers, e;,'npioyees agents, or volunteers, 4.5 A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers and that no insurance or self- insurance maintained by the City ona~. be coiled upon to contribule to a toss under Ihe coverage. 4.4,5 Deductibles and Self-insured Retentions. Co~sultar:t shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work calted for bl/any term of this Agreement During the period covered by this Agreernent. only ,~pon the 3flor express written authorization of Contract Administrator, Consultant may increase such deductibles or self-~nsured retentions with respect to City, its officers, employees, agents, and volunteers, The Contract Administrator may condition approval of an increase in deductible or seff-~nsured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in ail respects to each of them 4.4.6 _Subcontractors. Consultant shall in:tude all subcontractors as insureds un(let its policies or sh all furnish separate certificates and certified endorsements for each subcontra3[or. Ali coveraqes for subcontractors shall be subject to all of the requirements stated q~erein. 4.4.7 Variation. The City may approve a variation in the foregoing insurance requirements upon a determination that tile coverage, scope, limits, and forms of such ~nsurance are either nol commercially available, or that the City's interests are oLherwise fully protected. Remedies= in addition to any other remedies City may have if Consultant falls to provide or maintain anv insurance policies or policy endorsements ~o the extent and within the time herein required, City r,"n, ay, at its sole option exercise any of the following remedies, which are alternatives to o~.ne-remedies City may have and are not the exclusive remedy for Consultant's breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sum. s aue under the Agreement; Order Consultant to stop work under ft~is Agreement or withhold any payment that becomes due to Cansultam hereunder, or both stcp work and withl~old any payment, until Consultant demonstrates co,tape,once witl- the requ~rernents hereof' and/or Terminate this Agreement Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES, Consultant snal indemnify, defend with counsel selected by fl'~e City,. and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims suits, actions damages, and caL~ses of action arising out of any personal iniury, bodily injury, loss of life, or damage to property, or any violation of any federa! state, or munidpat law or ordinance to the extent caused, :n whole or in part, by the willful miscondJct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or cl:aracter of their work. The Ioregolng obligation of Consultant shall no~ apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers anc (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to tl~e injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold narmtess {nctudes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not'relieve Consultant from liability under this indemnification ana hold harmless clause. This indemnification and hold harmless clause shall appi) to any darnages or ctairns for damages whether or not such insurance policies shall have been determined to apply. By execution of this Aqreement Consultant acknowledges and agrees to the provisions of this Section and that i~' is a materia! element of consideration. in the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrolh-nent in PERS as an employee of City, Consultant shall indemnify, defend, and ho!d harmless City for the payment of any employee and/or employer contribution~ for PERS benefits or' behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any aenalties and interest on such. contributions, which would otherwise be the responsibility of City Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor, At all times,~,,~,~ ~, *-, - ,,,-: , ............ 1;,,e ,,=h~ Ol u ~S Agleeme,'~t, Consultant shal. be an independen~ contract~)r and shall no; be an employee of City. City shall have the right to control Consuitant only insofar as the results of Consultant's services rendered pursuant to this Agreer.,-nent ana assignment of personnel pursuant to Subparagraph 1.3: however otherwise City shall not have the right 'to control the means by which C'onsultant accornpl!shes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federa, policy, rule~ regulation Jaw, or ordinance ~o tiae contrary, Consultant and any of its employees, agents, aha subcontractors providing services under this Agreement shall not auatify for' or become enIitled to and hereby agree to waive any and all claims to, any compensation, benefit or any incident of employment by City, including but not limited to eligibility to enroll in tile California Public Employees Retiremem System (PERS) as an employee of City and entitlement to any contribution to ~e eaid ~v City for employer contribu!ions ~nd/or employee contributions for PERS beneiits. 6.2 Section 7. 7.1 7.2 7.3 7.4 7.5 Consultant No Aqent. Except as City may specify in wri[ing, Consultant shall have no authority, express or impiied, to act on beha!f of City in any capacity whatsoever as an agent. Consultant shalt have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever, LEGAL REQUIREMENTS, Governin.q Law. The ~aws of the State of California shall govern ti:is Agreement Compliance with Applicable Laws. Consu!tant and any subcontractors stlall comply with att laws applicable to t!:e r}e~%rmance of the work hereunder. Other Governmental Re.q.utations. 7'o the extent that this Agreement may be funded by fiscal assistance from another governmenta entity, Consultant and any subcontractors shall comply with all applicable rules and regulations To which City is bound by the terms of such fiscal assistance program. Licenses and Permits, Consultant re~resents and warrants to City that Consultant and its employees, agents, and any subcontractors have alt licenses, permits, qualifications and approvals of whatsoever nature that are legally required to oractice their respective ,~rofessions, Consultant represents and warrants to City that Consultant and its employees, agents, a~;y subcontractors shall, at their soie cost and expense: keep in effect at all times during the term of this Agreement any licenses permits, and approvals that are legally required to practice their respective .professions in addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. Nondiscrimination and Equal O. pportunity, Consultant snail not discriminate, on the basis of a oerson's race. religion, color, national or,gin, age, physical or mental handica:} or disability, medical condition, marital status sex or sexual orientauon against any employee, applicant for employment: subcontra:tor bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs p, owded by Consulta~,t under this Agreement. Consultant shall comply with ali applicable federa~ state, and local laws, policies, ru~es, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, nc~ud~ng but not limited to the satisfaction of any positi~,'e obligations required of Consultant tl~ereby. Consultant snail incluae the provisions of this Subsection ~n anl subcontrac~ approved by the Contract Administrator o." this Agreement Section 8. TERMINATION AND MODIFICATION, 8.1 8.2 8.3 8.4 8.5 8.6 Termination. City may cancel this Agreement at any time and without cause u~on written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and st, all include in such nouce the reasons for cancellation. In the event of termination Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video aha audio tapes and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Extension. City may in its sote and exclusive discret~or*, extend the end date of this Agreement beyond that provided for in Subsection 1.1 Any such extension shall reouire a written amendment to this Agreement, as provided for herein, Consultam understands and agrees that if City grants su'ch an extension, City shall have '~o obligation to [}rovide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, umess authorized by the Contract Administrator, City shall have no obligation To reimburse Consultant for any otherwise reim:)ursable expenses incurred during the extension period Amendments. The parties may amend this A.oreement only by a writing signed by all the parties, _Assignment and Subcontractin.q, City and Consultant recognize and agree that this Agreement contemplates persoi':al ~)erformance by Consultant and ~s based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge, Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant Consullant may not assign this Agreement or any interest therein without the prior written ap~.roval of the Contract Administrator. Consultan[ shall not subcontract any portion ~f the pedormance contemplated and provided for herein other than to the subcontractors noted in the proposal, without prior written approval of the Con~ract Administrator Survival. Alt obligations arising orior to the terminauon of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the ~ermination of this ~greement, Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the foilow~ng: 8,6,I Immedia[elyterminate ~h~, Agreement: Section 9. 9.1 9.2 9.3 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work pl~oduct prepared by Consultant pursuant to this Agreer'%nt; 8.6.3 Retain a different consultant to complete the wo?k described in .Exhi_bit A not finished by Consultant; or 8.6.4 Charge Cdnsultant the difference between the cost to complete the work described in Exhibi! _A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if ConSultant had completed the work. KEEPING AND STATUS OF REC,ORDS. Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters Covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those docu~T~ents to the City upon termination of the Agreement It is understood and agreed that the documents and other materials, including but not limited to tnose described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consu tent agree that. until final approval by City, alt data, plans, specifications, reports and other documenfs are co~'fidential and will not be released ~o third parties without prior written consent of both parties unless required by law. Consultant's Books and Records. Consultant si:all maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidenc ng or reTatJng to charges for services or exoenditures and disbursements charged ~o tile City u '~der this Agreement for a minimum of three (3) years, or for any ~onger period required by law, from the date of fina~ payment to the Consultant to this Agreement. Inspection and Audit of Records, Any records or do:uments that Section 9.2 of this Agreement requires Consultant to maintain snail be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public fun,ns expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00) the Agreement snail be subject to the exam!nation and audit of the State Aua~or at the request of City or as part of any audit of the City, for a period of three (3) years after find! Dayl,-nent under the Ag reement ' - Section 10 MISCELLANEOUS PROVISIONS. 10.1 10,2 10.3 10.4 10,5 10.6 10.7 Attorneys' Fees, If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or ~merpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose Venue. tn the event that eith~=r party brings any action against the other under this Agreement. the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of California. Severabilit~ tfa court of competent jurisdiction finds or rules that any provision of this Agreement is Invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in ful force and effect. The invalidity in WhOle or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement No Implied Waiver of Breach The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other b~'each of that term or any other term of this Agreement, Successors and Assiqns, The prowsions of this Agreement shall inure to the benefit of and snail apply to and bind the successors and assigns of the parties. Use of Recycled .products_ Consultant shall prepare and submit al; reports written studies and other printed rnateria on recycled paper to the extent it is available at equal or less cost than virgin paper. Conflict of Interest. Consultanl may serve oth~=~- clients but none Whose activities within the corporate limits of City or whose business, regardless of location, would place ConsuLtant in a "conflict of interest" as that term is defined in the %iitical Reform Act, codified at California Government Cods, Section 81000 et seq. Consultan; shall not employ any City officio in the work performed pursuant to this Agreement. No officer or employee of City shat] have anv financial interest In this Agreement that would violate California Government Cod'e Sections 1090 e~ seq. Consultant hereby warrants that it is not now. nor has it been in the previous twelve (I2) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, apaointee or official of the City ~n the previous twelve months Consultant warrar:ts that it did not participate ~: any manner in the forming of this Agreement. Consultan! ur~derstanas that, if this Agreement is made in violation of G~vernment Code g1090 e[.seq, the entire Agreement is void and Consul:cant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration, This Agreement shall be administered by Miley Hotman("Contract Administrator"). Alt correspondence shall be directed to or through the COntract Adn~inistratOr or his or her designee. 10.10 Notices. Any written notice to Consultam shat] be sent to: Mitey Paul Holman 3615 Folsom Street San Francisco, CA 94110 10.1t Any written notice to City sna be sent To: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical reporz, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by tne licensee professional responsible for ti~e report/design preparation. The stamp/seal shall be in a block entitled "SeaJ and Signature of Registered Professional with report/design responsibility," as in the following example. ' . ...................... :- ................ ~. ........ - ............................ = ..... _. Seal and ', S~gnature of Registered Pro~esslona! with report/design responsi~ ................. ' 10.12 !.nte.qration This Agreement, including the scope of work attachsd hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between Cky and Consultant and s~.~persedes all prior negotiations representstions, or agreements either written or ora,. 10.t3 Counterparts. This Agreement may be executed in mu~Iiple counterparts, each of whirl-, shall be an original and all of which together sba i constitute one agreement The Parties i~ave executed this Agreement as of the Effective Date. CiTY OF SOUTH SAN FRANCISCO .... 'BaYry Nagei, City Manager Attest: CONSLtLTANT \// Narfle: Miley Paul Hofman Title: Owner, Ho!man & Associates Sylvia Payne, City Clerk Approved as to Form: Steven T. Mattas, City Attorney EXHIBIT A Scope of Services. Holman & Associates is to provide archaeological n'~onitoring and rnitigation wori~ required for the Wet Weather program as required by Section 106 of the National Historic Preservation Act. E)(i,-IIBIT B INSURANCE CERTIFICATES 6S/e7/2684 16:27 B587267334 CERTIFICATE OF ~RoDuC~R Jo~ Angelini Insuran¢:,-~ A~no3f 435 Johnston St 650 726-4818 HOi/V~ & ASSOC:CAT~$ 3615 FOLSOM STi.,%E~T SO.SAN FKANCI~qlCO,CA 94110 LiABILiTY ANGELIHI INSURAHCE PAGE 81/81 ~ i DATE(MM~DWYYY) INSURANCE I 9/7/zoo4 -"~HIS CERT, F~CATE ~S iSSUED ~ A ~R 0F INFQ~ATION ONLY AND CON.RS NO RIGHTS UPON THE CE~FiCATE HOLDER. THIS CERTIFICA~ DOES NOT AMEND, EXTEND OR AL~ER THE DOVE'GE AFFORDED BY THE POLICIES BELOW- INSURERS AFFORDU~JG COVERAGE ' tNSUR~R B: NAIC# COVERAGES ----.- THE POLICIES OF iNSURANCE LISTED |IELOW HAVE BEEN ~SSUED TO TI4E INSURED NAMED At~OVE FOR 3HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY ~ONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF ~UCH POLICIES. AGGREGATE LIMITS SHOWN ~f~Y HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS [..~ INS~D.I ,,, TYPE OF t~,%~ANTE..___.[ POLICY NUMBER ~D[y_YI_._~ D~,.~M}~ .~ ~ C~I~SMADE ~ OC[~UR A HIRED At. ITO,q NON.OWNeD AUTOS GARAGE LIAglLITY ~ I--~ AN~AUT0 :..: DEDUCTIBLE RETENTION S WORKERS COMFENSATION AND ~MPLO~RS' LIABJL~ O~FI~EMaEP, ~CLUDE~ Iryes de~i~under OTHER Pro les s ional 03/09/04 03/09/05 SINGLE LIM[7 BODILY TN JURY BODILY' INJU~Y PROPERTY DAMAGE !AUTO ONLY-.~_.AACCIDENT l Iq OTHER THAN F_.A ACCIi $ A.UTOONLY. AGG [ J 1 ~ F-A~H OCCURRENCE 4000003899-041 L , TO, I~Y.Y~!MFrs L F_L EACH ACCIDENT E.L DISEABE - ~A EMPLOYEF. ~ E.L DISEASE - POLICY LI~V)I]' J' $ Liebili~, Certificate Hol~r :Ls listed as n~ed insur~ but onl7 negligence of ~e n.:~ed insured !03/09/02 03/09/05 in ~egards to the CERTIFICATE HOLDER The City of HOuth San Francisco 400 Grand Av~nue Eouth san Fr~,ncisco, CA 94080 kCOED 28(2081 _L CANCELLATION SHOULD ANY OF THE 1,8OVF. I)'~-SCRIBED POt. IDlES B]~ CANCELLED BEFORE ~IE E~{~ON DA~ ~EREOF. TH~ I~UiNG IN~%~R~R WiLL END~AVQR TO MA .~ DAYS V~I~EN NOTICE TO Tide OS~T :tCATE HOLDBR NAMED TO THB LE~. B~ ~AILUR~ TO DO SO. SHALL ,PO,E NO OBLIGATION OR L~ILi~ O' ~ KIND UPON T~E IN,URER ~S AGENT, OR AUWHORiZED ~/PR~CEr · '/ ~ACORD CORPORATION i988 STATE ~0 MI~I~NSATIQ N F=UND POLICYHOLDER COPY P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSUF~NCE !~UE D~TE: 09-07-~004 T~ CiTY OF SOUTH SAN FRC~NCISCO 400 S~,IFD AV~'JE SOUTH SAN FRANCISCO CA 94080 GROUP: POLICY NUMBER: 734290-.20 O,~ CERTIFICATE ID: 54 CERTIFICATE EXPIRES: o3-zz-2o05 03-i!-2004/03-11-2005 This is to cerlF-y that we have issued a valid Worker's Compensation insurance poiicv in e form approved by the Califomia Insurance Commissioner to the employer named below for the policy period indicate~. This policy is not.subject to cancellation by the Fund except upon 30 days advance wri~en notice to the empIcyer, We will also gfve you'30 days advance notice should this pol!py be c¢yncelied prior to ]ts normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or aiter the coverage afforded by the policy listed herein. Notwithstanding any requirement term Or cond|t~on of any contrac; or other'dosument wi respect to which this certificate of insurance may be i~sued e? to which it may pertain, the,insurance afforde~tt the policy described herein is subject to all the {arms, exclusions, and conditions, of su~:h policy. Y · ~ ciTY OF so~$ s~ F~C~SCO E~ORE~ ~2065 EI~ITLED CERT%FI~TE ~OLDERS~ NOTICE EFFECTI~ 03-11-I~9~ IS ATTA~ED TO.~. FO~E A P~T OF THIS POLICY. 3615 FOLSO~ ST [rBT,CNI California State Automobile Association Int[.'-Insurance Bureau 150 Van Ness Avenue P.O. Box 429186 San FrancL~co, CA 94142-9186 1. NAME AND ADDRESS OF INSURED HOLMAN MILEY P OR SHEtLA M 3615 FOLSOM ST SAN FRANCISCO CA 94110-5651 Ih h"l,,I,,dl,,,llll,,,,h h,ll,,,hh,,~ll,.lldd~,d,ll ;TERNATE ADDRESS I OCCUPATION HAMLIN SCHL/SF ITEM i MAKE 051VOLV0 '08 i FORD 09!VOLV0 10 !SUBAR MODEL YR. BODY TYPE 1999 40 SED t999 il/2 TN 2O02 i4D SED 1991 i4D WAG VEHICLE iDENTIFICATION NUMBER ] ~ YV1LTSBD6)(2614202 ~ 1FTZR11¥9XPA01114 YVlRS530922180352 [ 4S4BJ6304M6901045 ~ IT~ 05 L AB LtTY LIM TS COVERAGE ........................................................................... EACH PERSON ! EACH Bodily Injury 500,000 i 1,000 000 Medical Payments 5, O00 Uninsured i Motorists 30,000 ! 60 000 Property Damage 100 000 Comprehensive Actual Cash Value Less Deduct~Dle Collision Actual Cash Value Less Deduct De ..... ~i'i""~i;'G ............................................................................................................................... Actual Cash Value Less Deductible $254 $77 $138 lO0 $214 500 ~ $520 No CoVerage Policy Declarations Please keep with your policy. See Important Notice on reverse. For questions or changes call: 1--$00-92;2-8228 DECLARATIONS TYPE PAGE Renewal Certificate 1 of 1 - POblCY TYPE PROCESS DATE Member 03-11-2004 POLICI NUMB~' INSURED SINCE B8-98-94-7 ]975 .... IFROM t2:O1 A.M. Standard T~me at the aoQress of the Named insured, but no~ prior ~o the ttme applied for or, if this Is a replacemen~ . cJec ara~ orca, no! prior to lhe time ! coverage chan~e was requested. 04-08-2004 Your Policy Per~od ___ TO ]:Z:O /A.M. Slanoard Time at the 04-08-2005 address of the Named fnsured. ALTERNATE Nt~MBER TELEPHONE N~BER t 550-7286 Drivers ~ NAME Driver Jcenso N~. do no~ M l LEY P0725146 necesscr t t .. corres~onc SHE 1 LA NB017170 IO pru~clpal t,, RACHEL 03461957 opera,ed vehicJes. AB i ISA t L B8216783 ITEM 08 ITEM 09 ': PREMiUm/ PREMIUM $283 $288 $147 lO0 5229 500 ' $368 No Co}¢erage TOTAL. PREMIUM PER VEHICLE ~- $1273 Automobile ~ ! EXPLANATION A=$15,000 ,[It~t nam.~d insur~ [~=$~5,O00 e~¢n ~irs[ ~am~'. In~ure~ a~ ~ouso. Death Benefits ~ OF LIMIT CODES C=S15 000 each ~di[~a[ names nsured shown er~ e~oorsemet][ F329 $81 500 $763 No CoYer age I $1140 $1 ~52 $1160 LfMtT CODE None Premium Summary CA Su,charge. $0.00 THIS IS NOT A BILL, Savings Dividend: $145 00 SCHEDULE OF CHANGES Annuai Premium: = ITEM 1 O DEDUCT,i PREMIUM $309 No Co'er age No CoVerage No Cok/e r age PREMIUM $5 225. O0 ITEM i RATED DRIVER 05 i SHEtLA 0 PT 08 i i 37 9,000 MI 94110 PT 7.000 M 94110 09 i MtLEY i O PT 38 19 OOg MI 94~10 10 ! RACHEL i 0 PT ' .....~ 3 4,000 M 94~10 08. DISCOUNTS: Mature Driver: None. Good Driver: Item(s) 05, 08, 09, 10 Multi Car: Item(s) 05, 08, 09, t0. DRIV SAFE-fY RECORD YRS DRIV EXP EST ANN Mi DR{VEN VEH GARAGE ZIP : VEHICLE USAGE GENDER MARITAL Principal F M SEE REVERSE Undes i .cjn~ted FOR EXPLA- Bus i ness M M NATION OF tn CODE2 Pr,..cipe[ F ~ ' ITEM ITEWi TEM ITEM StaffReport AGENDA ITEM #4 DATE: October 27, 2004 TO: The Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: An Ordinance Repealing Chapter 18.04 of the South San Francisco Municipal Code, "Transportation System Management Program" RECOMMENDATION: Adopt an ordinance Repealing Chapter 18.04 of the South San Francisco Municipal Code, "Transportation System Management Program" BACKGROUND/DISCUSSION: Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. AN ORDINANCE REPEALING CHAPTER 18.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, "TRANSPORTATION SYSTEM MANAGEMENT PROGRAM" (Introduced 10/13/04 - Vote 5-0) ,':~' f, :ii .,~ -~'-~.-.~"~ /.~.,~/~ . 4 ~teven ~, Mattas, C~ty Attorney ( Enclo~hre: Ordinance ..,,J2~.~aJ'ry M! Nagel, City ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 18.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, "TRANSPORTATION SYSTEM MANAGEMENT PROGRAM" WHEREAS, Title 18, chapter 4 of the South San Francisco Municipal Code, "Transportation System Management Program," contains a comprehensive set of provisions aimed at ensuring employer participation in reducing traffic impacts and fostering cooperation between public agencies and the private sector in reducing traffic congestion and reducing overall number of vehicle trips; and WHEREAS, in 2001, the City adopted Title 20, chapter 120 of the South San Francisco Municipal Code, "Transportation Demand Management," to implement a program designed to reduce the amount of traffic produced by new or expanded nonresidential development, and ensure that expected increases in traffic produced by employment opportunities within the City would be adequately mitigated; and WHEREAS, in adopting Title 20, chapter 120 of the South San Francisco Municipal Code, the City incorporated and modified the most salient provisions of Title 18, chapter 4; and WHEREAS, Title 20, Chapter 120 thus now mirrors or slightly modifies many provisions of the "Transportation System Management Program" of Title 18, Chapter 4, making the latter chapter duplicative of provisions governing transportation management. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.04 "Transportation System Management Program"Repealed. Chapter 18.04 of the South San Francisco Municipal Code is hereby repealed in its entirety and replaced with Chapter 20.120. SECTION 2. SEVERABILITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3. PUBLICATION & EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the day of ,2004. Adopted as day of an Ordinance of the City of South San Francisco at a meeting of the City Council of the City of South San Francisco this ,2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this day of ,2004. Mayor Staff Report A GEND.4 ITEM #5 DATE: TO: FROM: SUBJECT: October 27, 2004 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND WILSEY HAM FOR EAST OF HIGHWAY 101 SEWER IMPROVEMENTS PROJECT WET WEATHER PROGRAM - PHASE 4. PROJECT NO. 71-13235-0352 RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute amendment one to the consulting services agreement between the City of South San Francisco and Wilsey Ham for the Wet Weather Program Phase 4 in the amount of $123,104. BACKGROUND/DISCUSSION The East of Highway 101 Sewer Improvements Project consists of improvements to the wastewater collection system and pump stations to control sewer system overflows. This project is Phase 4 of the Wet Weather Program, which we are required to comply with in a Cease and Desist Order #97-104, issued by the Regional Water Quality Control Board. Compliance is required by November 1, 2007. The City of South San Francisco and Wilsey Ham entered into an agreement for $1,328,138 on March 30, 2004 whereby Wilsey Ham is to prepare all contract documents for the East of Highway 101 Sewer Improvements, Phase 4 of the Wet Weather Program (Original staff report attached). This staffreport is to amend the original contract to allow Fugro West, Inc., operating as a sub-consultant to Wilsey Ham, to perform a geotechnical study for the proposed sewer improvements located East of 101, and to over-see BCDC and other agencies permits for crossing under Colma Creek. The new contract amount will be $1,451,242. (See Wilsey Ham amendment for additional services attached) Staff Report Subject: Page 2 Amendment to Consulting Services Agreement between City of South San Francisco and Wilsey Ham FUNDING This project is included in the City of South San Francisco's Capital Improvement Program with a budget of $15,000,000. The City has received an approved funding commitment of $45,000,000 from State Water Resources Control Board for the entire Wet Weather Program (Phase I thru IV). Future users in the East of 101 area are assessed an impact fee of $3.19/gallon per day and will assist in repayment of their share of project costs (Staff report enclosed). Bartle Wells Associates, the City's financial consultants, has incorporated the project costs into the sewer rate analysis. CONCLUSION The additional amount will be considered fi.om the contingency fund. The approved project budget will not be revised. By: Marty Van Duyn ,] Assistant City Managclr/ k~ry M'. Nagel City Manager Attachments: Resolution Wilsey Ham Addendum for Additional Services RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETVVEEN THE CITY OF SOUTH SAN FRANCISCO AND WILSEY HAM FOR THE YVET WEATHER PROGRAM PHASE IV IN THE AMOUNT OF $123,104 WHEREAS, Council previously approved a Consulting Services Agreement with Wilsey Ham for engineering and design services for Phase IV of the Wet Weather Program; and, WHEREAS, geotechnical services are required to complete design of the project; and, WHEREAS, Fugro has been identified as a subconsultant with the necessary skills to perform geotechnical services; and, WHEREAS, Wilsey Ham has agreed to oversee the work of Fugro and manage the subconsultant; and, WHEREAS, such oversight and management services, together with the costs of the subconsultant services will not exceed $123,104; and, WHEREAS, staff recommends authorizing an Amendment to the Consulting Services Agreement between the City of South San Francisco and Wilsey Ham for the Wet Weather Program Phase IV in the amount of$123,104 to compensate for the approved change in the Scope of Service; and WHEREAS, this project is included in the City of South San Francisco's Capital Improvement Program with a budget of $15,000,000; and WHEREAS, the City has received an approved funding commitment of $45,000,000 from State Water Resources Control Board for the entire Wet Weather Program (Phase I thru IV); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an Amendment to the consulting services agreement between the City of South San Francisco and Wilsey Ham for the Wet Weather Program Phase 4 in the amount of $123,104. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Amendment on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __. day of ., 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk &\Current Reso's\l 0-27-04Wilsey. Ham.res.doc AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES BETWEEN WILSEY HAM AND THE CITY OF SOUTH SAN FRANCISCO This First Amendment to the Agreement for Consulting Services between WILSEY HAM and the City of South San Francisco made and entered into as of March 30, 2004 by and between the City of South San Francisco, a municipal corporation (hereinafter "City"), and WILSEY HAM, bears the following recitals: On March 30, 2004, the parties entered into an Agreement for engineering, design and consulting services for the Wet Weather Project Phase III. Wilsey Ham has the qualification necessary to oversee the work of Fugro West, a sub consultant for geotechnical services. Geotechnical services are necessary for the proper design and construction of the contracted project. The parties now desire to amend the Agreement to modify the Scope of Services as hereinafter provided. NOW, THEREFORE, the parties hereto agree as follows: The Agreement approved by the City Council on March 10, 2004, is hereby amended to reflect the following: 1. Total Compensation amount is amended to add $123,104. 2. Exhibit A, Scope of Services, is amended to include the attached Exhibit A-1. The total compensation to be paid for the services performed pursuant to Exhibit A-1 shall not exceed $123,104. 4. Terms and Conditions: Nothing contained in this Amendment shall effect the terms, conditions and obligations contained in the Agreement. Consultant shall perform all services within the term of the Agreement as approved on March 10, 2004 and shall not be entitled to any additional compensation for said services other than as provided for in this Amendment. All terms and conditions of the Agreement not specifically modified by this Amendment remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written. Amendment to Wilsey Ham Consulting Agreement Created by K. Johnson Created on 10/22/2004 2:47 PM Wilsey Ham Contract Page 1 of 2 CITY OF SOUTH SAN FRANCISCO DATED: BY: Barry M. Nagel, City Manager DATED: ATTEST: BY: ITS: WILSEY HAM City Clerk APPROVED AS TO FORM: Steven T. Mattas, City Attorney Amendment to Wilsey Ham Consulting Agreement Created by K. Johnson Created on 10/22/2004 2:47 PM Wilsey Ham Contract Page 2 of 2 September 15, 2004 WILSEYII! HAMItl ENGINEERING ! PLANNING [] SURVEYING Mr. Bijan Beigi Project~ Manager Gty of South San Francisco P.O. Box 711 South San Francisco, CA 94083 WH No: 622-44 Re{erence: East of 101 Sewer Improvements Proposal for Additional Engineering Services Dear Mr. Beig/: BACKGROUND Based on our meeting at ~r Hall Annex on August 6, 2004, W'flseyHam is pleased to submit this proposal for an amendment to our current agreement with the C~r dated March 30, 2004. Addi- tional engineering services are required for the following rusks: · Permitting Assistance for crossing Colma Creek for the Pump Station No. 4 Force Main · Geotechnical Study Permitting Assistance The installation of the new 24-inch (outside diameter) sewer force main from Pump Station No. 4 under Colma Creek will require permitting through BCDC and other agencies as well This will m- quire the filing of a Joint Aquatic Resource Permit Application {JARPA) to the appropriate agencies. C-eotechnical Study As requested bythe ~xy, WilseyHam will contract Fugro West, Inc (Fugro) as a subconsukant to perform a geotec, hnical study for the proposed sewer improvements, located east of I-righway 101 in South San Francisco. Fugro prevtouslyperformed a geotechnical study for improvements to Pump Station No. 4 and the force main from Pump Station No. 4 to the Water Quality Control Plant (Bid package # 1) under a separate contract. This proposal includes geotechnical studies for Bid Packages //2, 3, and 4 and a review of the project specifications for Bid Package # 1. Refer to Fugro's pro- posal letter dared September 8, 2004 (attached) for a detailed description of the geotechnical scope of services and assumptions. 383A Vintage Park Drive a Foster City, CA 94404 ~ 650 / 349-2151 a Fax: 650 / 345-4921 August 15, 2004 Mr. Bijau Beigi Page 2 SCOPE OF SERVICES Task 1 - Permitting Assistance As requested by the ~y, WiJsey H~m will contact potentially involved agencies to verify their juris- diction and permit requirements. WiJsey I-hm will' download the current JARPA application off of the web and prepare the application and necessary attachments for the appropriate agencies that may include the Regional Water Quality Control Board, the A~my Corp of Engineers, BCDC and · e California Deparm~nt of Fish and Game. w~ll. e dr~. J.ARPA will be forwarded to the Cityfor review. Upon receipt of comments, W'fls~ · mal~e the necessary revisions and resubmit the required number of applications to the Gtty for sgnature and submittal to the agencies. Deliverables: 5 copies of the completed JARPA for sign,anne and distribution bythe CatT. Task 2 - Geotechnical Study As requested by the Gty, W'flsey Ham will contract Fugro West to perform a geotechnieal studyfor Bid Packages # 2, 3, and 4 and a review of the project specifications for Bid Package # 1. The geo- technical studies will include: Coordln~tion and field exploration · Labomtorytesting · Report preparation · Review of specifications Refe. r to F_ .u~ro's_prop~al letter (attached) for a .c. om.p. lete description of the geoteehnical scope of servxces. Labor hours for WxlseyHam for coordination of Fugro's contract have been included in the proposed fee. A draft geotechnical studywill be provided to the Caty for review and comment. Upon receipt of comments, Fugro will revised the report and issue the completed geotechnlcal study. Deliverables: 3 copies of a completed geotechnlcal studyfor Bid Packages # 2, 3 and 4. PROPOSED FEE W'flseyHam's fee for the foregoing described Scope of Services is estimated to be $123,104 on a time and materials basis in accordance with the 2004 Charge Rate Fee Schedule. We will not exceed th;_~ amount without your prior authotizatiom This estlm~l fee is shown in detailin the attached .fee spreadsheet. This fee excludes anypermit fees, which we assume the Catyw~ pay. The fee is based on straight time, i.e., no overtime for Saturday or Sunday work. PAMarlmfing~.O0~ ProposalskSouth San FxanciscoMEast of Hwy i01 SS Pm4~cr\Chang~ Oniets\09-15-04 ch..ge order JARPA & Geotech - _A-gust 15, 2004 Mr. Bijan Beigi Page 3 ASSUMYFIONS AND EXCLUSIONS The following assumptions and exclusions have been made in th,= preparation of thi.~ proposal: 1. Only those tasks specifically described herein are included in this proposal. Extra work be- yond the scope of thk proposal vail be charged on a time and materials basis in accordance with the contract fee schedule. Extra work after 2004 will be charged according to the re- vised Fee Schedule applicable for that Nar. 2. AIl permit fees will be paid for by the City. 3. Due to the nature o£ the approval process, Wtlsey Ham cannot control the fiming, and is not responsible for th~approval or disapproval of permits fi'om the Ctty and reviewing agencies. AUTHORIZATION You may authorize this contract amendment request in accordance with tbi_q proposal and the cur- rent agreement with the ~ty dated lVlarch 30, 2004 by returning a signed copy of this proposal to us for our files. WILSEY HAM A California Corporation Principal RCE 41385 ~Accepte& Gryof South San Francisco By. T/tie: Date: Attachmeuts: DetaBed fee estirmte spreadsheet 0 page) Fugro Proposal Letter P:MMaflmting~2004 Pmposal~\Soufla San FranciscoXEast of ttwy 101 SS Pmject\~ OMam\09-15-04 ahang~ order JARPA & Geomch- Pend~ng\O8-15-04 ~ order request JARPAl~eom:kztoc t- FUGRO WEST, INC. September 8, 2004 Proposal No. 04.182 1000 Broadway, Suite 200 Oakland, California 94607 Tel: (511)) 268-0461 Fax: (510) 268-0137 Wilsey Ham 383A Vintage Park Drive Foster City, California 94404 Attention: Jeff Peterson Subject: Proposal for Geotechnical Study City of South San Francisco Sewer Improvements (Bid Packages 2-4) South San Francisco, California Dear Mr. Peterson: Fugro West, Inc. (Fugro) is pleased to submit this proposal to conduct a geotechnical study for the proposed sewer improvements, located east of Highway 101 in South San Francisco, California. We previously performed a geotechnicai study for improvements to Pump Station #4 and the force main from Pump Station #4 to the Water Quality Control Plant (Bid Package #1). Our draft report, dated July 21, 2004, presents our results for that study. This proposal includes Bid Packages ~2, 3, and 4 (excluding Pump Station #3 upgrades and the Swift Subtrunk to be completed by Wilsey Ham and Pump Station #8 upgrades to be completed by Genentech) and the specification review for Bid Package #1. Our proposal is based on: (1) the project information provided by Wilsey Ham; (2) our previous work in the vicinity; and (3) our previous work on similar projects. 1.0 PROJECT DESCRIPTION Our understanding of the proposed improvements is based on information provided by Wilsey Ham and is summarized in the table below. Replacement pipelines will be placed using either pipe bursting or trenching methods depending on feasibility and location. Otherwise trenching will be used to replace pipelines. Parallel pipelines will be placed adjacent to existing pipelines using trenching construction methods. Force mains will be 6 to 10 feet deep and gravity mains will be 8 to 20 feet deep. It is anticipated that upgrades at pump stations will only require interior or near surface improvements. A member o[ the Fugro group of companies with offices throughout the world. Public Works Department, City of South San Francisco September 8, 2004 (Proposal No. 04.182) Summary of Proposed Improvements Bid Package ~ East Grand Trunk Replace 330 feet of 15-inch pipe with 21-inch pipe (gravity) Totals: Replace 1,190 feet of 15-inch pipe with 24-inch pipe (gravity) 7,935 linear feet Replace 740 feet of 18-inch pipe with 27-inch (gravity) 100 feet of 32-inch casing (jack and bore) for railroad crossing Allerton Trunk Replace 2,825 feet of 15-inch pipe with 18-inch pipe (gravity) Pump Station #8 Force Main ParaJlel 2,750 feet of lO-inch pipe (force main) Bid Package fl,3 Pump Station #1 Upgrade Totals: Pump Station ~2 Upgrade 3 pump stations Pump Station #10 Upgrade 4,500 linear feet Pump Station #2 Fome Main Parallel 835 feet of 10-inch pipe (force main) Oyster Point Trunk Replace 880 feet of 8-inch pipe with 12-inch pipe (gravity) Replace 1,615 feet of 10-inch and 12-inch pipe with 15-inch (gravity) Replace 155 feet of 12-inch pipe with 18-inch pipe (gravity) Executive Subtrunk Replace 1,015 feet of 18-inch pipe with 15-inch pipe (gravity) Bid Package//4 Pump Station ~ Upgrade Totals: Pump Station ~7 Upgrade 2 pump stations DNA Way Subtrunk Replace 215 feet of 8-inch pipe with 10-inch pipe (gravity) 4,115 linear feet Replace 565 feet of lO-inch with 12-inch (gravity) Harbor Way Subtrunk Replace 980 feet of 8-inch pipe with 10-inch pipe Uttlefield North Subtrunk Replace 1,000 feet of 8-inch pipe with the same (gravity) Littlefield South Subtrunk Replace 805 feet of 10-inch pipe with the same (gravity) Replace 550 feet of 8-inch pipe with the same (gravity) The majority of the project site south of East Grand Avenue has been mappedI as being underlain by 0 to over 100 feet of Bay Mud, which is overlain by a layer of artificial fill. The site to the north of East Grand Avenue is underlain by sandstone and shale, slope debris and ravine fill. Portions of the DNA Way Subtrunk and Pump Station #8 Fome Main may be underlain by artificial fill and Bay Mud. Bonilla, M.G., Preliminary Geologic Map of the San Francisco South Quadrangle and Part of Hunters Point Quadrangle, California, USGS, Map MF-311, 1971. Public Works Department, City of South San Francisco August 12, 2004 (Proposal No. 04.182) 2.0 SCOPE OF SERVICES Based on our understanding of the proposed project, Fugro recommends the following scope of work. 2.1 Field Exploration Program To explore the subsurface conditions at the various sites, we propose to perform 42 borings and 2 cone penetrometer tests (CPTs). Borings for pipelines will be conducted at approximately 500-foot intervals and to depths of 20 to 25 feet. Where pipe bursting is being considered, borings will be drilled adjacent to the existing pipelines to determine the density of the material for our pipe bursting feasibility analysis. Where Bay Mud is anticipated, selected borings will be drilled to the bottom of the Bay Mud to obtain data for settlement analysis. At the railroad crossing on the East Grand Trunk segment, two borings will extend to a depth of 35 feet to obtain data for the proposed jack and bore pits. At the pump stations, our borings will extend to 50 feet or the bottom of the Bay Mud, whichever is deeper. Two CPTs will be performed for the Pump Station #8 Force Main to determine the thickness of the Bay Mud that exists at this site. KaJdveer and Associates (now Fugro) previously performed a geotechnicai investigation for the Gateway Project in 1982. We will' use previous borings from this project for analysis for Pump Station #2 and Pump Station #2 Force Main. At Pump Station #10, we will install one vibrating wire piezometer to a depth of approximately 30 feet to determine the maximum groundwater elevation. We will budget time for two additional site visits to collect data. Following completion of data recording from the piezometer, the drillers will abandon the piezometer under our supervision according to permit requirements. The following table summarizes our proposed field exploration program. Bid Package #2 East Grand Trunk I boring to 25 feet, 2 borings to 50 feet or the bottom of Bay Mud, 2 borings to 35 feet Allerton Trunk 5 borings to 25 feet Pump Station g8 Fome Main 2 CFTs to 100 feet, 3 borings to 20 feet Bid Package ~3 Pump StetSon #1 I boring to 50 feet or bedrock Pump Station #2 Previous boring from 1982 Gateway Project Pump Station #10 I boring to 50 feet or bedrock, 1 piezometer to 30 feet Pump Station #2 Force Main Previous borings from 1982 Gateway Project, 2 borings to 15 feet Oyster Point Trunk 3 borings to 25 feet, 2 borings to 50 feet or bedrock Executive Subtmnk 2 borings to 25 feet, 1 boring to 70 feet or bottom of Bay Mud Bid Package ~ Pump Station g6 I bodng to 60 feet or bottom of Bay Mud Pump Station #7 Previous CPT-3 from Pump Station ~ Force Main project DNA Way Subtrunk 3 borings to 25 feet, I bodng to 40 feet Harbor Way Subtrunk 3 borings to 20 feet Littlefield North Subtrunk 2 borings to 25 feet, I bodng to 50 feet or bottom of Bay Mud Littlefleld South Subtrunk 3 borings to 25 feet, I boring to 50 feet or bottom of Bay Mud G-~RO POS ED WORk13304~34.182'~PROPO-.~L TO Wit.3 EY HN~DOC 3 Public Works Department, City of South San Francisco August 12, 2004 (Proposal No. 04.182) The subsurface exploration program will be conducted under the direction of our field engineer who will supervise, log, and collect samples from the borings. The borings will be conducted using hollow stem augers or rotary wash drilling techniques. CPTs will be conducted using a 20-ton cone penetrometer. CPTs will be conducted under the supervision of our field engineer. Standard penetration resistance will be determined at approximately 5- to 10-foot depth increments. The standard penetration resistance has the dual advantage that the blow count obtained permits a rough correlation with the relative density of sand and the shear strength of clays. Relatively undisturbed samples will be recovered from various depths in the borings using the Modified California Sampler as appropriate to help determine strength and compressibility characteristics of the subsurface materials. Bay Mud samples will be retrieved in a 3-inch diameter shelby tube for consolidation and triaxial strength testing Prior to our field exploration, we will coordinate with Erler and Kowlinowski engineers for sampling for hazardous materials. The borings will be conducted under a permit from the San Mateo County Environmental Health Services Division and will be backfilled with neat cement grout following completion as required by the drilling permit. Each boring and CPT for pipelines will be performed on the streets adjacent to existing pipelines. Consequently, we will apply for an encroachment permit for each location from the City of South San Francisco. We anticipate that the fee for these permits will be waived and have not included it in our cost estimate. During our field exploration, we anticipate that due to the lack of a shoulder or parking on the side of the road, one lane on Oyster Point Blvd. (Oyster Point Trunk), East Grand Avenue (East Grand Trunk), Gateway Bird (Pump Station #2 Fome Main and Oyster Point Trunk), and Industrial Way (Executive Subtrunk) will be closed to provide working space for the ddll rig. However, since these roads have two lanes in each direction, we do not anticipate that one-way traffic control will be necessary. It is also assumed that only minor traffic control, consisting of cones and signs, will be required for the project. Lanes would be blocked for up to 3 hours. Drilling on Forbes Blvd. (Pump Station #8 Force Main and DNA Way Subtrunk) will probably take place in the median with minimal traffic disturbance. In accordance with Underground Service Alert (USA) requirements, boring locations will be marked at the site prior to drilling. We have assumed that the locations can be accessed with conventional ddlling equipment. It is anticipated that drill cuttings from our borings will be drummed. Immediately after completion of each bodng, we anticipate that these drums will be transported to the city corporation yard by city employees, and stored there and disposed of by the city with no cost to us. If it becomes necessary that we dispose of the drill cuttings, costs for off-site disposal will be in addition to our base fee. ,4 Public Works Department, City of South San Francisco August 12, 2004 (Proposal No. 04.182) 2.2 Laboratory Testing Laboratory testing will be conducted on selected samples recovered from the test holes. These tests will consist of the following: · Classification and Index Tests such as sieve analysis and Atterberg Limits determi- nations. Granular soils obtained from the borings would be tested for gradation for use in our liquefaction evaluation; · Strength Tests to aid in evaluation of foundation performance; · Consolidation Tests to determine the compressibility of the soft Bay Mud for the settlement of shallow foundations and parallel pipelines; · Moisture Content and Dry Density Determinations to aid in the qualitative evaluation of the soil types encountered and their strength characteristics; and · Corrosion Tests to determine the corrosion potential of the subsurface material. Corrosivity tests will be conducted on one sample from approximately every other boring along the pipeline alignments. One sample from Pump Station #10 will also be collected for corrosivity analysis. 2.3 Analyses and Report Preparation Following completion of the field investigation and laboratory testing, Fugro will analyze the data obtained and prepare a geotechnical engineering report for the project. The report will include the following, as appropriate: · Vicinity and exploration location map; · Description of physical properties and characteristics of subsurface soils including groundwater level; · General site geology, seismicity, and seismic design parameters in accordance with the 1997 Uniform Building Code; · Liquefaction potential; · Recommendations for excavation, trenching and site earthwork, including procedures for subgrade preparation and proper placement of fill and backfill; · Discussion of pipe bursting feasibility; · Foundation design recommendations, including applicable shallow foundation bearing capacities, passive resistance of soil against the foundation, and coefficient of friction between the soil and foundations for seismic design; · Pipeline design recommendations, including thrust block criteria, trench stability, groundwater and dewatering, bedding and backfill recommendations, corrosion potential, and other design and construction issues; G.-TTtOPOSED W~.182~ROPOSAL TO WILSEY HAM_DOC 5 Public Works Department, City of South San Francisco August 12, 2004 (Proposal No. 04.182) · Discussion of probable total and differential settlements of new facilities at the pump stations; · Earth pressures for shoring design; · Logs of the test borings; and · Guide specifications for earthwork. 2.4 Review of Specifications We will review the specifications for each bid package. Information applicable to our geotechnical recommendations will be included in our report. 3.0 COST ESTIMATE AND SCHEDULE The fee for our services as outlined above, will be billed on a time-and-materials basis as outlined in the table below. Items outside our scope of work will be conducted on a time-and-" expenses basis in accordance with our standard fee schedule. Estimated Costs Bid Package #! Review Specifications ~ $1,000 Bid Package #2 Coordination and Field Exploration (including Fugro $ 20,100 labor) Laboratory Testing (including corrosion) $'4,700 Report Preparation (including draft) $ 8,500 Review Specifications $1,000 Total $ 34,300 Bid Package #3 Coordination and Field Exploration (including Fugre $ 23,500 labor) Laboratory Testing (including corrosion) $ 3,650 Report Preparation (including draft) $ 8,500 Review Specifications $1,000 Total - $ 36,650 Bid Package #4 Coordination and Field Exploration (including Fugro $19,150 labor) L~horatory Testing (including corrosion). $ 4,750 Report Preparation (including draft) $ 8,500 Review Specifications $1,000 Total $ 33,400 The field investigation can likely begin within 2 to 3 weeks following receipt of notice to proceed depending on availability of suitable equipment. We anticipate that the borings and CPTs will require 14 days to complete. It is anticipated that our geotechnical study report can G:U~ROPOSED WORK~2004',04.182~RO POS/~L TO WILSEY HAMDOC 6 Public Works Department, City of Soulh San Francisco August 12, 2004 (Proposal No. 04.182) be available 3 to 4 weeks following completion of our fieldwork. If you require that one report be completed before the others, we can adjust our field work schedule to expedite the completion of the desired report. We understand that the report for Bid Package ~2 will be needed by early October. We should be able to prepare this report by then, depending on the availability of suitable equipment. If you approve of the scope of work outlined above and the attached Terms and Conditions and Fee Schedule for Consulting Services, please sign and designate the appropriate box for the desired services on the attached Professional Services Agreement and return a copy to our office at your earliest convenience. The second copy is for your records. Fugro appreciates .the opportunity to submit this proposal, and we look forward to working with you on this project. If you have any questions or require additional information, please do not hesitate to contact me directly at (510) 267-4402. RLB:rp Copies Submitted: (2) Addressee Attachments: Sincerely, Principal Cons~ (2) Howard Selznick (Wilsey Ham) Professional Services Agreement Fee Schedule for Consulting Services Terms and Conditions G_fl:~O POS ED wo Fik'12~04~.182~PROPO&N. TO WlI.$EY PROFESSIONAL SERVICES AGREEMENT This Agreement, effective as of this 8t~' day of SEPTEMBER 2004, is made by and between WILSEY HAM hereinafter referred to as "Client," and FUGRO WEST, INC., hereinafter referred to as "Consultant." Consultant agrees to provide the Services set forth in this Agreement in accordance with its terms. This Agreement consists of the following documents, which are incorporated herein by reference: Proposal No. 04.182, Proposal for Geotechnical Study, City of South San Francisco Sewer Improvements (Bid Packages 2-4), dated September 8, 2004 2004 Fee Schedule for Consulting Services Terms and Conditions Professional Services Agreement This Agreement, including attachments incorporated herein by reference, represents the entire agreement and understanding between the parties, and any negotiations, proposals or oral agreements are intended to be integrated herein and to be superseded by this Agreement. This Agreement may not be modified or altered, except by an agreement in writing and signed by authorized representatives of both parties hereto, which specifically refers to this Agreement. ase designate the appropriate services desired as detailed in our proposal. Bid Package #1 ' ['~ Bid Package #2  ' Bid Package ~-3 I V' I Bid Package #4 CONSULTANT: FUGRO WEST, INC. CLIENT: WILSEY HAM Address: 1000 Broadway, Suite 200 Oakland, California 94607 Address: By: Ronald L. Bajuniemi, P.E., G.E. By: Signature: (/"'/' /'~)OcJ~, ' X.~Z.~_x'/~;~ ~'_~- i gnature: Date: '~ ~(0~ ~ Date: © Copyright Fugro West, Inc., 2002 ~.~osa) wo~c,z0o~.~Roms~ TO w[s~ ~z)oc NORTHERN CALIFORNIA 2004 FEE SCHEDULE FOR CONSULTING SERVICES PROFESSIONAL PERSONNEL HOURLY RATE 195 Principal Consultant ............................................................................................................... $ 180 Senior Consultant .................................................................................................................. 165 Principal ................................................................................................................................. 150 Associate ............................................................................................................................... 135 Senior Professional ............................................................................................................... 125 Project II Professional ........................................................................................................... 115 Project I Professional ............................................................................................................ 100 Staff I! Professional ............................................................................................................... 90 Staff i Professional ................................................................................................................ UNION EMPLOYEES 85 Engineering Field Technician Iil - Straight Time ................................................................... 78 Engineering Field Technician il - Straight Time .................................................................... Basis of Charges 1. Saturday/Over 8 Hours ............................................................................. 1.5 x straight time 2. Sundays/Holidays ..................................................................................... 2.0 x straight time 3. Swing or Graveyard Shift Premium ......................................................... 1.25 x straight time Work from 0 -4 Hours ....................................................................... 4-hour minimum billing 4. Work from 4 - 8 Hours ....................................................................... 8-hour minimum billing 5. Show Up Time .................................................................................. 2-hour minimum billing 6. TECHNICAL AND OFFICE PERSONNEL 85 GIS Technician ..................................................................................................................... 80 CADD Operator ..................................................................................................................... 78 Laboratory Technician .......................................................................................................... 75 Technical Assista ntJIIlustrat0r ............................................................................................... 60 Word Processor/Clerical ....................................................................................................... 50 Office Assistant ..................................................................................................................... Fees for expert witness preparation, testimony, court appearances, or depositions will be billed at the rate of $275 per hour. OTHER DIRECT CHARGES Subcontracted Services .......................................................................................... C.c.o~s~t' P~Ii~~ 15% Outside Reproduction ............................................................................................... ~u~ ~,..o 15% Outside Laboratory .................................................................................................. Cuo, r,~,o 15% out-o - oc .......................................................................................... Travel and Subsistence ........................................................................................... Cu~, r,~,o 15% $0.40/mile Automobile Mileage ........................................................................................................ $12/hour Vehicle and Equipment ..................................................................................................... Report reproduction and data reporting costs per personnel hourly rates A surcharge of $2 per linear foot of test boring depth will be added to cover the cost of standard engineering field supplies including sample tubes and caps, stakes, etc. Personnel billing rates are subject to revision annually. Janua~ 2004 TERMS AND CONDITIONS Consultant and Client will be jointly referred to as "we," or "us." Services: Consultant will provide the Professional Services contemplated herein in accordance with the standards of competent professionals providing similar services under similar conditions. Consultant does not warrant or guarantee the Services. sultant's invoices no later than thirty (30) days after the invoice da~e.--Glient-~- ~t: Client will pay Con o ........ '-at date-- ~tion, Consultant e at the rate of 1.5 Yo per moron altt~[ u ~, . . also pay a late harg ...... n due Unless otherwise agreed in · - ' ts e whe . costs. Limitation ~ces will be completed for the estimated amounL Site Access: Unless the Scope of Services described in this Agreement states otherwise, Client will obtain all necessary authorizations and permits to allow Consultant to have access to the site for the purpose of providing the Services contemplated herein· Subsurface Conditions: Client will provide Consultant with all information Client has, or can reasonably obtain, concerning the Project, including subsurface conditions and the location of subsurface or hidden pipes, utilities, or structures- Consultant will attempt to avoid damage to subsurface structures, but is not responsible for any damage to subsurface pipes, utilities, or structures Client has not disclosed to Consultant. Hazardous Materials: Client shall be solely responsible-for notifying all appropriate federal, state, municipal, or other governmental agencies, including the potentially affected public, of the existence of any hazardous materials or biological pollutants located on or in the project' site, or located during the performance of this Agreement. Unless the Scope of Services described in this 'Agreement states otherwise, Consultant will not investigate, treat, transport, dispose, or arrange for transport, treatment, or dispose of hazardous materials. If hazardous materials are discovered at the project site, Consultant may terminate its obligations under this Agreement and Client will be obligated to pay for services rendered plus reasonable termination costs. of Liability. Consultant's liability, and the liability of its employees and/or subcontractors, to for arising from Services is limited to an aggregate $50,000 or its fees received under this whi Neither Client nor Consultant will be liable for consequential damages ' by either party, liability, automobile Insurance: Con maintain claims made professional liability insurance, liability, and workers insurance. Client has, or will insurance sufficient to protect any property in which it an insurable interest. Each any claims against the other for damage to property covered, or should have been property insurance required by this paragraph, including subrogated claims. both parties will attempt to mediate any Mediation: Pdor to any litigation, arbitration, or dispute between them. The American will conduct the mediation, unless otherwise agreed. Consultant and Client will all fees and c~.~ the mediation. · r Cot may terminate this Agreeme~ convenience by giving fourteen (14) on Either Client o n da s written Termina~ : ' - t s A reement for caus~y giving seve (7) y · ma terminate hi g ' davs written notice. Either.~P~ Y ............. m~°a~-~UC~~' in addition to any other not'ice. If this Agree is terminate(3 Dy [Jllen[, i~g Services. ~ _ ant This Agreement is the full an~etween Ch'e. nt_.an ..~_nsultant, hal Agreem ' . ..... ~ecuted by both parties?-,.._ any pnor agreements, and may not De mo(]mea ~xecuteu © Copyright Fugro West, Inc., 2002 Staff Report AGENDA ITEM #6 DATE: TO: FROM: SUBJECT: October 27, 2004 Honorable Mayor and City Council Philip White, Fire Chief Non-Emergency, Basic Life Support Ambulance Services RECOMMENDATION It is recommended that the City Council approve the attached resolution amending the 2004-05 budget to fund Basic Life Support (BLS) ambulance service. BACKGROUND/DISCUS SION Since its creation in 1910, the South San Francisco Fire Department has been a provider of emergency medical services for the City's residents and businesses. In 1975, the Fire Department began its firefighter/paramedic program. In 1982, these services were expanded further to include ambulance transportation. Approxiinately 57% of the calls received in 2003 were medical nature. The cost for the Fire Department to provide emergency medical services in FY 2004-05 is projected to be $7,500,197, or 50% of its budget (see Exhibit A). For this same period, the Fire Department expects to recover $1,000,000 of these costs through fees charged for patients transported to the hospital by its two ambulances. Concurrently, the City has experienced decreasing revenues, yet increasing costs due to State takeaways and a weak economy. To address this, the City ihas taken several steps to minimize costs where feasible; to develop better cost recovery for services delivered, and to increase revenues when possible. Each Department has been asked to develop creative methods to reduce expenditures, recover costs for services delivered, and/or raise revenues. In addition, because of recent business decisions made by .American Medical Response (AMR), the County' s 911-ambulance provider, they can no longer provide back-up emergency ambulance service on a consistent basis. This is particularly true Monday through Friday between the hours of 11:00 a.m. to 5:00 p.m. As a result, when the Fire Department requests an AMR ambulance, there may be a delay before the patient can be transported to the hospital. Staff Report Subject: Basic Life Support Ambulance Page 2 This delay could worsen their condition. The Fire Department and AMR have had a long standing agreement to provide back-up ambulance service to one another in the event that neither has ambulances available when additional requests for emergency medical services are received. The Fire Department and AMR provide this assistance to one another approximately 4 times a month. In response to the need for enhanced cost recovery and increased ambulance back-up capability, the Fire Department is proposing to staff a BLS ambulance in addition to the two advanced life support (ALS) ambulances that it currently operates. Pictures of a Type II BLS Ambulance and the Department's Type I ALS Ambulances are provided in Exhibit B. Two Emergency Medical Technicians (EMT's) will staff.-' the BLS ambulance. These specially trained and licensed persons are able to perform assessments, provide oxygen, splint injuries, and other basic treatment and care. When not providing back-up emergency ambulance services within South San Francisco, the BLS ambulance will be available to transport non-ambulatory residents and non-residents to and from their physician's office, treatment centers, clinics and hospitals. It is projected that as many as six (6) requests for non-emergency BLS ambulance transports may be received per day. The EMT's will be contract employees (not a part of regular City staff). They will be provided certain legally required benefits, and will be given an appropriate wage for their job duties. The BLS ambulance service will operate seven days a week from the hours of 7:00 a.m. to 5:00 p.m. and will use Central Fire Station as its base. The average cost for a BLS ambulance transport by the Fire Department is $530 for a resident and $1,132 for a non-resident. The average number of BLS ambulance transports that will occur per year is 2,409 (6.6 per day). This would result in the collection of $1,021,416 in fees (based on a collection rate of 80%). The cost of providing this service for the sane time period would be $309,800. It is projected that the City will collect $178,835 in fees for FY 2004-05 after deducting the direct costs for providing the service. In FY 2005-06 and beyond, the amount of fees collected could rise to as much as $711,616 per BLS ambulance the Fire Department operates. These additional revenues would help offset the Fire Department's costs of providing emergency medical services, which it does not fully recover. A detailed description of how these amounts were derived is contained in Exhibit C. Based on the number of requests for non-emergency ambulance service that occur every year in North San Mateo County, the Department may consider placing additional BLS ambulances into service at a later date. The Department has met and conferred with the International Association of Firefighters Local 1507 and they support this service. If the BLS ambulance service is successful, the department intends for it to become a permanent program within its EMS Division, with the potential for contract employees to be hired as regular staff at some future date. Staff Report Subject: Basic Life Support Ambulance Page 3 In the recent budget amendment brought to the Council by the Finance Director on the citywide revenue situation, $100,000 was added for BLS revenue. The attached budget amendment adds $350,000 in revenue and expenditures to fund the program. This transaction will have no impact on reserves. With this funding, there will still be a net $100,000 contribution of revenues to offset the costs of the paramedic program, which is not currently fully cost recoverable. FUNDING Staff recommends that the Fire Department's budget be amended as follows: 1. For BLS ambulance service, increase revenues and expenditures by $350,000. CONCLUSION Approval for the Fire Department to provide non-emergency BLS ambulance services will improve its efforts to recover more of the costs associated with the emergency medical services it provides the community. Furthermore, the BLS ambulance could serve as a back-up emergency ambulance for those situations when back-up ambulance service is not available through AMR. By: Phil~D. Fire Chief City 'Manager Attachments: Resolution Exhibit A Exhibit B Exhibit C RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION IMPLEMENTING A NON-EMERGENCY BLS AMBULANCE PROGRAM AND AMENDING THE 2004-05 OPERATING BUDGET IN THE AMOUNT OF $3.50,000 TO FUND THE PROGRAM WHEREAS, in response to the need for enhanced cost recovery and increased ambulance back-up capability the Fire Department is proposing to staff a basic life support (BLS) ambulance in addition to the two advanced life support (ALS) ambulances that it currently operates; and WHEREAS, approval for the Fire Department to provide non-emergency BLS ambulance services will improve its efforts to recover more of the costs associated with the services it provides the community; and WHEREAS, additional funding is required to begin operating the new program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council implements a non-emergency BLS ambulance program and amends the 2004-05 Operating Budget in the amount of $350,000 to fund the Program. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2004 by the following vote: AYE S: NOES: ABSTAIN: ABSENT: S :\Current Reso's\ 10-27-04BLS .program .res .doc ATTEST: City Clerk Exhibit A COST OF EMERGENCY MEDICAL SERVICES (EMS) WORKSHEET 1. Fire Administration Approximately 25% of Fire Administration's resoumes are dedicated to support the delivery of EMS. a) Employee services $492,642 b) Supplies and services $195,025 $687,667 c) EMS cost $171,917 2. Fire Prevention Approximately 10% of Fire Prevention Division's resources are dedicated to support the delivery of EMS. a) Employee services $250,287 b) Supplies and services $136,471 $386,758 c) EMS cost $38,676 3. Code Enforcement Approximately 10% of Code Enforcement Division's resources are dedicated to support the delivery of EMS. a) Employee services $321,008 b) Supplies and services $47,215 $368,223 c) EMS cost $36,822 e Disaster Preparedness Approximately 50% of Disaster Preparedness Division's resources are dedicated to support the delivery of EMS. a) Supplies and services $73,219 b) EMS cost $36,610 Exhibit A 5. Paramedics Approximately 60% of the Paramedic Division's resources are dedicated to support the delivery of EMS. a) Employee services b) Supplies and services c) Debt service c) EMS cost 6. Suppression $4,5OO,393 $294,141 (adjusted for shared clothing costs) $45,318 4,839,852 $2,903,911 e Approximately 50% of the Suppression Division' s resources are dedicated to support the delivery of EMS. a) Employee services $6,579,861 b) Supplies and services $1,400,141 c) Debt service $122,519 8,102,521 c) EMS cost $4,051,260 Training Approximately 25 % of the Training Division's resources are dedicated to support the delivery of EMS. a) Employee services $270,166 b) Supplies and services $114,362 384,528 c) EMS cost $96,132 8. Fire Education Approximately 50% of the Fire Education Division's resources are dedicated to support the delivery of EMS. a) Employee services $118,592 b) Supplies and services $18,882 137,474 c) EMS cost $68,737 2 Exhibit A Summary Approximately 50% of the Fire Department's resources are dedicated to support the delivery of EMS. a) Fire Dept. FY 2004-05 budget b) EMS services cost c) Percent of budget to support EMS $15,000,241 $7,500,197 5O% 3 Exhibit C NON-EMERGENCY BLS AMBULANCE CALCUATION WORKSHEET Personnel To provide BLS ambulance services seven days a week, 10 hours a day four (4) full time employees (F-i'E's) are required. a) Emergency Medical Technician @ $35.00, including legally required benefits. b) 70 hours will be worked in a 2-week pay period. c) $2,450.00 per pay period x 26 pay periods per year = $63,700 per FTE d) $63,700 per FTE x 4 FTE positions = $254,800 per year total cost for personnel. 2. Ambulance and equipment To lease/purchase a Type I ambulance a) Cost of a Type I ambulance $65,000. b) Cost for equipment $25,000. c) Total cost to purchase and equip a Type I ambulance is $90,000. d) Average service life of Type I ambulance is 6 years. e) Debt service per year is $20,000. 3. Fuel, medical supplies and services a) $35,000 per year. 4. Initial start up costs for FY 2004-05 Prorated from December 2004 through end of June 2005 a) Personnel costs $148,633 ambulance. b) Debt service $11,667. c) Fuel, medical supplies and services $20,417. d) Total start-up costs $180,717. 5. Annual costs for FY 2005-006 a) Personnel costs $254,800. b) Ambulance debt service $20,000. c) Fuel, medical supplies and services $35,000. d) Annual costs $309,800. Exhibit C 6. Projected fee collection for FY 2004-05 (prorated from 2004 to end of June 2005) a) $530 in fees collected on average for BLS ambulance transport. b) 848 BLS ambulance transports are anticipated (4 calls per day average). c) 848 BLS transports x $530.00 average BLS bill = $449,440. d) $449,440 x 80% collection rate = $359,552. e) $359,552 actual fees collected - $180,717 of direct costs = $178,835. f) Projected net fees $178,835. 7. Projected fee collection for FY 2005-06 a) $530 in fees collected on average for BLS ambulance transport. b) 2,409 BLS ambulance transports are anticipated (6.6 calls per day average). c) 2,409 BLS transports x $530 average BLS bill = $1,276,770. d) $1,276,770 x 80% collection rate = $1,021,416. e) $1,021,416 actual fees collected - $309,800 direct costs = $711,616. f) Projected net fees $711,616. 2