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HomeMy WebLinkAboutReso 108-2016 (16-598)- • Box 711 (City Hall, City of South San Francisco 400 Grand Avenue) South San Francisco, CA File r: 16-598 Enactment Number: RES 108 -2016 RESOLUTION APPROVING A SECOND AMENDMENT TO AN EXISTING CONSULTING SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC. FOR ADDITIONAL DESIGN SERVICES FOR THE REPLACEMENT OF THE SOUTH AIRPORT BOULEVARD BRIDGE AT NORTH ACCESS ROAD PROJECT, IN AN AMOUNT NOT TO EXCEED $115,100, INCREASING THE CONSULTANT SERVICES AGREEMENT TO A TOTAL NOT TO EXCEED AMOUNT OF $490,875. WHEREAS, on February 24, 2010, the City Council approved a consulting services agreement with Mark Thomas & Company, Inc. (MTCo) of San Jose, California for inspection services and assistance in pursuing funding from the Caltrans Highway Bridge Program (HBP) for the South Airport Boulevard Bridge (Bridge) at North Access Road Project (Project); and WHEREAS, on June 21, 2012, the City of South San Francisco (City) was notified that the Bridge was approved for funding of engineering design by the Federal Highway Administration (FHWA); and WHEREAS, on July 11, 2012 City Council authorized the execution of a consulting services agreement with MTCo for engineering design on the Project, in an amount not to exceed $375,775; and WHEREAS, on April 13, 2016 the City was informed that additional funding in the amount of $125,000 was approved for engineering design by the Federal Highway Administration (FHWA); and WHEREAS, on June 13, 2016 MTCo submitted a proposal for additional design services in an amount not to exceed $115,100, thereby increasing the consultant services agreement to a total not to exceed amount of $490,875; and WHEREAS, funding for the Project is included in the City of South San Francisco's 2016 -2017 Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves the Second Amendment to the consulting services agreement with Mark Thomas & Company, Inc. of San Jose, California, attached hereto as Exhibit A, for additional design services for the South Airport Boulevard Bridge at North Access Road Project in an amount of $115,100, and increasing the consultant services agreement to a total not to exceed amount of $490,875, conditioned on MTCo's timely execution of the Project contract amendment and submission of all required documents, including but not limited to, certificates of insurance and endorsements, in accordance with the Project documents. Page File Number. 16-598 Enactment Number. RES 108-2016 t BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes I Finance Department to establish the Project Budget consistent with the information contained in the st report. , m g m :ex .w ?: necessary documents on behalf of the City upon timely submission by MTCo's signed contract and all other documents, subject to approval as to form by the City Attorney. ■ Yes: 5 Councilmember Normandy, Councilmember Garbarino, Councilmember Matsumoto, Vice Mpyor Gupta, and Mayor Addiego \1- E =!' i Xi 1II8l 1 "" A SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MARK THOMAS & ASSOCIATES THIS SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT (this "Amendment ") amending that certain Consulting Services Agreement dated July 11, 2012 ( "Agreement "), by and between THE CITY OF SOUTH SAN FRANCISCO, a public body, corporate and politic ( "City "), and MARK THOMAS & ASSOCIATES ( "Consultant') (together referred to as the "Parties "), is made effective as of August 10, 2016 (the "Effective Date "). RECITALS WHEREAS, on July 11, 2012, Consultant and City entered into the Agreement, pursuant to which City contracted with Consultant to provide consulting services related to the San Bruno Canal Bridge Replacement at South Airport Boulevard and North Access Road (as detailed in Attachment 1); and WHEREAS, pursuant to the Agreement, City agreed to pay Consultant a sum not to exceed Three Hundred Seventy Five Thousand, Seven Hundred Seventy Five Dollars ($375,775.00) for professional services set forth in the Agreement; and WHEREAS, on August 26, 2015, City agreed to provide extension of time to end on December 31, 2016 (as detailed in Attachment 2); and WHEREAS, in order to provide design services for additional work related to the increase in scope of San Bruno Canal Bridge Replacement at South Airport Boulevard and North Access Road, Consultant has requested an additional payment in the amount of One Hundred Fifteen Thousand, One Hundred Dollars ($115,100.00) as shown on the proposal dated June 13, 2016 (as detailed in Attachment 3); and WHEREAS, City desires to provide payment in excess of that originally stated in the Agreement for additional services performed by Consultant; and WHEREAS, pursuant to Section 8.3 of the Agreement, the Parties desire to modify the Agreement. NOW, THEREFORE, the Parties hereto agree as follows: 1. The Scope of Work is hereby amended by adding the additional engineering design work described in the June 13, 2016 Consultant proposal. 2. Section 2 of the agreement shall be amended such that the City agrees to pay Consultant additional compensation for the additional design services in an amount not to exceed $115,100, with the understanding that the total compensation payable to consultant under this Agreement shall not exceed $490,875. 1 All other terms, conditions and provisions in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment as of the date first above written. City The City of South San Francisco Q-� Loamomo--m FTINUMV City Clerk City Attorney Consultant Mark Thomas & Associates Name: Richard K. Tanaka Title: CFO i i A I II tPIIISI I '1 0 I )(l A. COMPANY, CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MARK THOMAS & THIS AGREEMENT for consulting services is made by and between the City of South San Francisco ( "City ") and Mark Thomas & Company, Inc. ( "Consultant ") (together sometimes referred to as the "Parties ") as of July 11, 2012 (the "Effective Date "). Section 1. SERVICES. Subject to the terms 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 incorporated 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 July 11, 2012 the Effective Date and shall end on March 31, 2015, 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 to 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 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 shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 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 City, reassign such person or persons. 1.4 Time. Consultant 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 to pay Consultant a sum not to exceed Three Hundred Seventy Five Thousand Seven Hundred Seventy Five Dollars ($375,775), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit X regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for 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 all invoices to City in the manner Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. Page 1 of 13 I I I �O [° X 1,,i I BIT A, gpecified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicatz gervices performed by more than one person. 2.1 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 ♦ the invoice date. Invoices shall contain the following information: P.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, 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 to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant this Agreement. City shall not pay any additional sum for any expense or cost whatsoev incurred by Consultant in rendering services pursuant to this Agreement. City shall ma no payment for any extra, further, • additional service pursuant to this Agreement, I Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Go., Inc. Page 2 of 13 "'I " "' III ° ° ° °IIIIII III IOW I "" °'I '�, III °° ll IIII BIII'T' A In no event shall Consultant submit any invoice for an amount 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 shown on the in Exhibit A. exceed 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall noLi r- r below are not -.b r City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. .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 moment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant 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 costs 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 perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charges, vehicles, and reproduction facilities. Consulting Services Agreement between August 16, 2012 City of r and r , Inc. •.r- 3 of I I T(") � .......... " A I ..... ...... gkCHWI �':' 11,111 EXI H B I I A Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. Page 4 of 13 A "'I " "'T 0II 1 iV E 11N 1 1 10 EX III If i I1 °)III' " °1 °" 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3.1 General reQuirements. Consultant, at its own cost and expense, licensed for the period covered by this Agreement professional liability insurance for professionals performing work pursuant Agreement not ONE DOLLARS 141111 ) covering the licensed professionals' errors and • • deductible or .• retention not -• $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage ,• form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have 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 the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4.1 Acceptabllity of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. Page 5 of 13 I .i...� � I° I KII dl 'I "- 'I TO EEXJI « , 4.4.2 Verification of coverage. Prior #o beginning any work under this Agreement, Consultant shall famish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 4.4.3 'Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given 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 shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. Consultant; .4.4.4 Additional insured; Primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of thz following: liability arising out of activities performed by or on,behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by and automobiles owned, leased, or used by the Consultant contain course of providing services pursuant to this Agreement. The coverage shall 1 special limitations on • • of protection afforded • City or officers, employees, agents, or volunteers. called upon to contribute to a loss under the coverage,,, 4.4.5 Deductibles and Self- Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self - insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self- insured 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 all respects to each of them. Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. Page 6 of 13 A 1 .' 111 I� I� 11 °'1 I I� °-YJ 10l ..I A 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other 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 sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the 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 causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct 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 character of their work. The foregoing obligation of Consultant shall not 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 and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes 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 and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. Page 7 of 13 ATTAQI °III1 N1I..I I III�.XI1IIIC'I.1.. 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 enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. • 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled 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 the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and /or employee contributions for PERS benefits. .2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever, 7.1 Govenning Law. The laws of the State of California shall govern this Agreement. Consulting Services Agreement between August , 2012 City of R uth San Francisco and Mark Thomas i •. ►* 8 of 13 ATTAGII ° °Ii 'IIIIII i II III I i 0 E I iIllRl.i.. A employees, agents, any subcontractors shall, at their sole 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. 7.5 Nondiscrimination and Egual Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. • r wr • 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice 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 and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The patties may amend this Agreement only by a writing signed by all the parties. Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. Page 9 of 13 ATTA C 1, I� �V IIYNl I 1 0 A, 8.5 Survival. All obligations arising prior to the termination of this Agreement and all' provisions of this Agreement allocating liability between City and Consultant shall surviv,". the termination of this Agreement. 8.6 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 following: 8.6.1 Immediately terminate the Agreement, if DAY1119 A C (oil 11 I!YA%fj wil 11 (;111 loll 1&0 2.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit 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. AN :10101 N I Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. Page 10 of 13 ATTAR III HAE14T I 10 IIl B I A 10.1 Attorneys' Fees., If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret 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. 10.2 Venue. In the event that either 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. 1 ''1''0 E'�1110 H131 IIi A 10.7 Conflict of Interest. Consultant may serve other 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 Political Reform Act, codified at California Government Code Section 81000 et seq. ...M111147 VIMU14 lie] 01111411161 11VIDINN 11011MI'MMMU 10.9 Contract Administration. This Agreement shall be administered by Brian McMinn, Assistant Director of Public Works/City Engineer ("Contract Administrator), All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: V6 CLcv\, f(10-4- Th4WAA2-1 C& I q" Z4^4c� s4A, Jo S4"' cA qY11 2 Any written notice • City shall be ...... to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. Page 12 of 13 I 10 III III ll Imm A f "ollowing example. report/design responsibiIiii. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A ' represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral, The Parties have executed this Agreement as of the Effective Date. --E Barry M. Nagel, City Maftner ME 2075321 MI'll Consultants- jbe, NAME: TITLE: -TOW10,kol, CFo Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. Page 1 3 of 13 A''r ['ACFH III l I III !"!!,'C fl &I A FOMMIM., 2075321 Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. - Exhibit A Page 1 of 1 A I" I ACI �11 W 1 R I'A MARK THOMAS & COMPANY PROPOSAL AND FEE SCHEDULE City of South San Francisco Design & Replacement of San Bruno Canal Wer#PE OF SERVICES ......................................................................................................... 2 STAFF ORGANIZATION .......................................................................... — 12 M&,RK PLAN ..................................................................................................................... I A I TM Ptlp �HNNIIEJ)JT I TO EX ll I A City of South San Francisco Design & Replacement of San Bruno Canal G�MIFI 2.1 1!1:gjg_cJ Data Gathering/Site Visit MTCo will obtain any available as-built information available through the City or State, including the bridge maintenance report, Right of Way mapping, record. adjacent land owner's information, utilities, traffic data (including accident records) and other appropriate information. Any available survey data, site mapping and watershed mapping will also be acquired and reviewed. This information will be the basis for the initial .. 2.2 Field SgnLej Project control will be based upon the control used for the City of SSF intersection project (SM-09101) ATTACI[­ III' EN 1 1 1 0 A City of South San Francisco Design & Replaceinent of San Bruno Canal Design Topographic Surveys The survey area is described as a corridor within the existing right of way of South Airport Boulevard from 200 feet north of to 200 feet south of the existing bridge over San Bruno channel. MTCo will supplement the existing topographic information collected for the City of SSF intersection project with the topographic information of the following features within the survey area: • Surface-visible utilities • Bridge deck limits • Benchmark and monument locations • Street conform cross-sections 30�, �M Channel cross-sections will be provided at locations accessible and where a survey may be safely performed. 2.3 Roadway Geometric Design This item would consist of reviewing the approach roadways for geometric deficiencies such as non-standard roadbed width, sight distance, approach grades and impacts to individual properties. This portion of review would also consider the ability to safely maintain traffic during bridge stage construction, locate existing utilities and establish requirements for relocation. Traffic - The team will communicate with the City staff to verify any local traffic issues such as pedestrian and bicycle access and driveway access to local properties during construction. The team will then develop a consensus for the preferred traffic control strategies. "EINFI-Ty, Type Selection Report - The various bridge alternatives (span configurations and structure design alternatives) will be evaluated for performance, constructability and economy. Rough sketches and cost estimates will be developed if necessary, and the alternatives reviewed with the City and Caltrans representatives. The recommended alternative will be further developed with a Preliminary General Plan and an accompanying Type Selection Report. The report summarizes the design process, from site review to hydrology report and foundation recommendations. The report will also include a discussion of the recommended alternative versus other alternatives considered, and the reason for selection. Type Selection Meeting / Approved General Plan - A Type Selection Meeting will be held to review the Type Selection Report. A bridge type selection meeting will be held in the City with City and Caltrans staff. It is essential that the design concepts be approved prior to preparing detailed design calculations. The General Plan will be revised as requested in the Type Selection Meeting, and the Approved General Plans will be distributed. HUMOMM 4 1 ImUT23 '' q A I TAQ� 1W1111111NIT 1 TO YJI l i'll City of South San Francisco Design & Replacement of San Bruno Canal The existing Right of Way for the bridge location will be mapped using record information from deeds and surveys on file with the City. Since the bridge is close to an intersection the existing Right of Way will be mapped beginning approximately 300 feet around the bridge location. Utility mapping will be requested and confirmed with any affected utilities in the area. Water line and gas line relocations are anticipated; underground telephone and overhead telephone lines and any utility facilities near the existing structure will also be investigated, 2.6 ydrolonv The hydrology and hydraulics task will include preparation of 1) Location hydraulics study; and 2) Bridge hydraulics study for the proposed bridge The location hydraulics study is required for FHWA flood plain evaluations. The bridge hydraulics study is required for Caltrans review of the proposed bridge design. Both reports are normally prepared for the preliminary design phase. Geotechnical work will include field exploration, testing, analysis and a Foundation Report prepared to City and Caltrans standards by Parikh Consultants, Inc. (PCI). Geotechnical studies are based on Caltrans guidelines for preparation of Bridge Foundation Reports. As a general guideline the field exploration program is based on drilling two new borings consisting of one boring at each abutment of the bridge structure. 3.1 Research and Data Collection: Review of readily available geologic and soil literature in the vicinity of the site including any existing as-built LOT. Permits/USA Clearances: We will comply with Agency Pen-nit requirements. We will assist the team in preparing for and applying for the permits. 3.2 Field Exploration: For the bridge structure, we will drill 2 borings up to 80' in depth. These explorations will provide an evaluation of subsurface soil&'rock conditions for the proposed structure. One to two bulk samples will be collected from the approach roadway subgrade to evaluate the R-value for pavement design (if needed). The boring locations will depend upon the available access and the boring data from previous studies. We anticipate using a truck mounted drill rig for our work. Cuttings will be drummed and disposed off the site. Limited traffic control is anticipated at this time. Classify and continuously log subsurface soil conditions encountered in each test boring at the time of drilling. Obtain "relatively undisturbed" and bulk samples of substrata from test borings. The borings will be drilled and capped in accordance with the permit requirements. 3.3 Laboratory Testing: Perform laboratory tests on representative soil samples such as moisture density, unconfined compression, gradation analyses, corrosion tests and Plasticity Index test, as necessary. M !!! 1 3 A I TACI� IM EN I TO El i� r,A City of South San Francisco Design & Replacement of Saar Bruno Canal 3.4 Soils Analysis/Evaluation: Perform engineering analyses and develop design recommendations for the proposed foundations. PCC piles are considered as the preferred pile option. Caltrans; design guidelines will be used in the analyses of the foundation for the structure. 3.5 Prepare Draft Foundation Report: Prepare preliminary recommendations for foundations. Update the Type Selection Memo with the LOTB for the structure. Parikh will attend a Bridge Type selection meeting, 3.6 Final Foundation Report: Prepare detail report including design recommendations for foundation type and footing elevations lateral design capacities, incorporate potential scour data in the design, and pile foundation recommendations. Discuss seismic considerations, evaluate the liquefaction potential and comment on the site soil conditions from this standpoint. Information related to Caltrans Seismic design criteria (SDC v 1.6) and 2010 updates shall be provided. Information related to the recently revised Seismic design guidelines and the ARS curves (2009) will be provided. Prepare final Foundation report for the structure. 3.7 Design Review: Coordinate with MTCo to assist design review during PS&E phase of the work 4.1 Meetings/Coordination David J. Powers & Associates will conduct a site visit to evaluate and document the existing project site conditions with City staff andror the project team, DJPA will attend the project kick-off meeting with the project team. This scope of work also includes DJPA's attendance at two (2) additional meetings with the project team during preparation of the Initial Study and one public meeting during or after circulation of the Initial Study. Budgets for this meeting include some preparation time but do not include the preparation of extensive visual aids/displays. 4.2 Preliminary Studies and Coordination The NEPA/CEQA process in this task 4.2 is focused on the identification of environmental issues and constraints. The primary mechanisms for this process are the completion of the Caltrans' Preliminary Environmental Studies (PES) checklist and the Caltrans field review. The checklist requires the completion of preliminary assessments of multiple environmental subjects including, but not limited to, biology, cultural resources, hydrology, water quality, visual, traffic, hazardous materials, land use, and floodplains. The completion of this process is the identification of the studies that will be required by Caltrans during task 4.3. This process also includes a determination by Caltrans as to the type of NEPA document that will be required. During task 4.2, DJP&A will coordinate with the engineering design team. This is an interactive process whereby the environmental team is providing continuous feedback to the designers regarding environmental constraints. This interaction is one of the most important tasks in the entire project design and approval process because it leads to projects that avoid/minimize impacts, as opposed to projects with impacts that must ATTA(-"' HA� .......... N I 1 0 IIEIII III 6111�3 �T A City of South San Francisco Design & Replacement of San Bruno Canal ATTACIII �� III IN 1 1 I III II III�II' III " City of South San Francisco Design & Replacement of San Bruno Canal to the potential for the project to result in significant impacts that will require mitigation, a separate scope for such work can be prepared. It should be noted that Caltrans issues the NEPA CE, while DJP &A will prepare the CEQA CE for submittal to the County Recorder's Office by the City. The design phase consists of detailed plan preparation, permitting, finalizing foundation recommendations, utility coordination and Right of Way activities as required. Structures design constitutes the bulk of the overall work effort in this phase, but the "details" must be addressed to complete the bid package and minimize construction change orders. Plan Preparation - Once the General Plan is defined and approved. the detailed design can begin. The PS&E package will be submitted at Draft and Final stages of completion. The intent to intermediate submittals is to define the project for review and to allow for major comments prior to investment of significant design effort in design details. 11 5.1 Draft ME The project plans and estimate will be prepared for this submittal; however, no specifications will be included. Description: Scale # of sheets Title Sheet I" =200' 1 Typical Cross Sections None 1 Construction Control Diagram 1" =200' 1 Roadway Plan and Profile 1" =20' 1 Construction Details Varies 2 Drainage Plans, Profiles, Quantities and Details Varies 1 Utility Plans and Details 1 " =20' 2 Structure Plans Varies 18 Signing and Striping Plans, Quantities and Details 1 " =20' 2 Construction Staging / Traffic Handling Plans Varies 2 Construction Area Signs / Signal I" =100' 2 Summary of Quantities none I Cross Sections 1" =10' I Total # of sheets 35 sheets Plan Descriptions - Descriptions of pertinent information regarding the above anticipated plan sheets are provided as follows: A TI AC HWI IIIIIIIINF 1 0 City of South San Francisco Design & Replacement of San Bruno Canal A NA = � ��� T AU U' EII NT TO I III 13 IT A City of Soulh San Francisco Design & Replacement of San Bruno Canal A I"TA( "J flMEINJ I 1 0 EXI , E3 7 A City of South San Francisco Design & Replacement of San Brimo Canal A I I ACI "I 1) Id C IIIMT A City of South San Francisco Design & Replacement of San Bruno i,*wra 13— Laein, Pow, PLS FEHRkPEERS, Rf fry aided Dalp .PP Slarb rd Rxb pmw.,m" PE kf", P,34� PE 1101 MAN A SSO(l A I I S aaaV Sumli e Pscas i,*wra 13— Laein, Pow, PLS ATTACI iIII III N I I I HDI I A City of South San Francisco Design &Replacement of San Bruno Channel Bridge at S Our approach to complete this project within the desired time frame including the following key milestones: �f �,_ Identify Design Criteria/APE HBP program project buy-in Environmental Approval • Utility Concurrence • E-76 for Construction MTCo's first order of work will be to begin identifying design criteria. This step is important as an initial step to define the Area of Potential Effect. MTCo's local experience and long resume of project expertise will help Work Plan Key Dates Notice to Proceed 8/20/2012 Preliminary Design 8/20,'2012 1/8/2013 Environmental 12/181'2012 3/8/2014 PS &E Design 4/1/2014 11/18/2014 SEE 3 m ATTAD IW I� 111`1 DD EX"Ifl: '1 1 A', 10:111-1119-11 INSURANCE CERTIFICATES 2075321 Consulting Services Agreement between August 16, 2012 City of South San Francisco and Mark Thomas & Co., Inc. - Exhibit B Page 1 of 1 A IIACHMENTVTO E�110181 A A CERTIFICATE OF LIABILITY INSURANCE 9171 4C ".101199iRRIA .41 AUTHORIZED REPRESENTATIVE OR PRODUCER, THE CERTIFICATE HOLDER. *Q Producer License Number: OA91339 sags n rjold YA. Tittle & Associates Insurance ServicM- P.O. Box 1960 San Jose, CA 95109-1960 Mark Thomas and Company, Inc. 1960 Zanker Road San Jose, CA 95112 FAX 408-271-1802 F. R111 M #it 4M REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO MICH THE CERTIFICATE MAYBE POLCIES DESCRIBED HEREIN IS SUBMCT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCES. LIMITS SHOWN MAY Fw�lllllll FlAd I L�,419- THE INSURANCE AFFORDED BY THE PAID CLAIMS. LIMITS DAMAGE TO RENTED S 300,000 I Ww- a lu'u'TAMM'"s MED EXP (Any an pawn) S 10,000 PEFSOMAL & ADV INJURY Nam GENERAL AGGREGATE S 1000.000 South San Francisco, CA 94080 AUTHORIZED REPRESENTATIVE GENERAL LIIABILITY I 25 t2 0 COMMERCIAL GENERAL LIABILITY I D D CLAWS-MADE 0 OCCUR CONTRACTUAL LLABILI[TY 1 ■ GEN1 AGGREGATE LIMIT APPLIES PER: : D POLICY 0 PROJECT D LOC_ -- AUTOMOBILE LIABILITY W ANY AUTO E3 ALL OWNED AtApproved as' 1 0 SCHFOULED AUTOS 0 NON4WNED AUTOS 0 B Fw�lllllll FlAd I L�,419- THE INSURANCE AFFORDED BY THE PAID CLAIMS. LIMITS DAMAGE TO RENTED S 300,000 I PREMISES jEa waffmaco) MED EXP (Any an pawn) S 10,000 PEFSOMAL & ADV INJURY S 1,03q.000 GENERAL AGGREGATE S 1000.000 1" i1500ii;0% =. I :•1 :1f I Ird 10111 ififf • =� HKIKIIINTINT, TORY LIMITS ER I E.L EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1000,000 EL DISEASE - POLICY LIMIT I $ 1,000,00() MWAV140 111, PEist-i-i if More space is requilw; 3tF-- Job #SJ-12114 Design & Replacement of Son Bruno Co not Bridge at S. Airport Blvd. City ofSouth San Francisco, its officers, employees, agents and volunteers are named as additional insured(s) on General Liability and Auto per endorsement attached. Waiver of Subrogation applies to Workers Compensation per endorsement attached. Additional Insured Endorsement attached. THE INSURANCE IS PRIMARY. ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR ORGANIZATION 19 EXCESS AND NOWCONTRIBUTORY WHEN REQUIRED BY CONTRACT. VOTE: 11FT&YS VOTIMV: MVCELLAT'.T,'� 471-Li-E GV-Y WCEWE 10 T4Y FOR t,TV.P4YWW. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WUL BE DELIVERED IN ACCORDANCE WITH City of South San Francisco THE POLICY PROVISIONS 400 Grand Avenue South San Francisco, CA 94080 AUTHORIZED REPRESENTATIVE Attn: City Clerk I 25 t2 The ACORD new aw! boo are winwW dACORD 019"IO ACID OORPORAn N All mnec rasa A I I AC�II M II 41 1 F 0 EXI UM A, have all your rights and duties under this Coverage Part. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualilfy as a Named Insured if there is no other similar insurance available to that organization. However: However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. ATTA III WII ENT I TO III VIII II W III A Insured: Mario Thomas & Company Policy Number: 57UUNPV9388 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub - paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) in the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (l) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) Bodily injury" or "property damage" included within the "products- completed operations hazard TACI UII E 1411 1 0 III ' l A, Insured. Mark Thomas & Company Polity Number: 57UUNPV9388 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible Insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; 5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion J. of Section I -- Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or HG 00 0106 05 Page 1 of 1 (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non- Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other Insurers. When this Insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first. AI-TAU RV01 1 1 10 "wdl III III : .. Policy No. 57UUNPV9388 Insured: Mark Thomas 8 Company, Inc. r' COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: r � •;. To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal The Named Insured shown in the affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured ", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." ® 2010, The Hartford (includes copyrighted material Form HA 99 116 09 10 of ISO Properties, Inc., with its permission.) Page 1 of 5 �!, I I D [111), � A ..... ..... I AQ� IME11111 ]14 1 "1 1 ( ::,1111111JUI! JU A The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 11.1), - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply. written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this Insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement at another that insurance by the method described in person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown in the Declarations and described in this insurance to which the additional insured Section. has been added as an additional insured. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suir. If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit' those other insurers. to the other insurer for defense and indemnity. When this Insurance is excess over other insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" on additional Insured shall be required to your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT The OTHER INSURANCE Condition is amended OR LOSS — OF SECTION IV — by adding the following: BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 0 2010, The Hartford (Includes copyrighted material Form HA 99 16 09 10 of ISO Properties, Inc., with its permission.) Page 2 of 5 A TACI UMEN I It 10 X, I� il � E, >flI �1 \ If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance, 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION 11 - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your .employees'. Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos* for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired .auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per .accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your ..employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5, PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOANILEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss* and the "outstanding balance" of the loanAease. "Outstanding balance" means the amount you owe on the loanAease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor, costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: a.Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "autos" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 0 2010, The Hartford (includes copyrighted material Form HA 9916 0910 of ISO Properties, Inc., with its permission.) Page 3 of 5 A I ° °° °III III III° 14 1 1 III 0 IV I" Jfl�%, b.$1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above or is an integral part of that equipment; or (3) An integral part of such equipment. c.For each covered "auto ", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered .auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident ", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. m. . s • lkitsliliffk- The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company, or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos ", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: Q 2010, The Hartford (Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc., with its permission.) Page 4 of 5 ATTAQ11 I If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 77&'9.; 09TM-Yne 1111-noeriar-UT03-ORMag- in any one "loss", the most we will pay und this Hybrid Payment Coverage provision u 'd9 ' nd- ion f* R� u4j 'a vi any one "loss" is $10,000. For the purposes of the coverage provision, i!Aktef uses only an internal combustion engine move the auto. .i.A "hybrid" auto is defined as an auto w internal combustion engine and one or mo' t elecIi c motors; and that uses the inte 'i combustion engine and one or more elect motors to move the auto, or the intern combustion engine to charge one or mo electric motors, which move the auto. 02010, The Hartford (Includes copyrighted material Form HA 9916 09 10 of ISO Properties, Inc., with Its permission.) Page 5 of 5 A I TAU HW� :]NT,l 1 0 X� I� EE' �fl I A Policy No. 57WEDS4981 Insured: Mark Thomas and Company, Inc. 1. Employers' Liability Insurance Item 3.B. of the Information Page Is replaced by the following: B. Employers' Liability Insurance: 1. Part Two of the policy applies to work in each state listed In Item 3A. 4 EM The Limits of Liability under Part Two are the higher of: 3. Bodily injury by accident must occur during the policy period. 4, Bodily Injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1, voluntary payments for the benefits that would be required of you If you and your officers or employees were subject to any workers! compensation law of the state of hire of the individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply If the Country of Employment were shown in Item 3A. of the Information Page. C. Exclusions This Insurance does not cover: 1. any occurrences in the United States, Canada, and any country or jurisdiction which Is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the Inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease low, or similar law. 3. bodily injury intentionally caused or aggravated by you. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 4 of 6 A TAGI MM I� q 1`1 1 0 EXI 7 A Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 5 of 6 4. liability for any consequence, whether of America necessarily incurred as a direct direct or Indirect, of war, invasion, act of result of bodily Injury. Foreign enemy, hostilities (whether war be Our reimbursement shall be limited as follows: declared or not), civil war, rebellion, revolution, Insurrection or military or 1. to the amount by which such expenses usurped power. No endorsement now or exceed the normal cost of returning the subsequently attached to this policy shall officer or employee if in good health, or be construed as overriding or waiving this 2. in the event of death, to the amount by limitation unless specific reference is which such expenses exceed the normal made thereto. cost of returning the officer or employee if D. Before We Pay alive and in good health. Before we reimburse you for the benefits to the In no event shall our reimbursement exceed persons entitled to them, you must have them: the bodily injury by accident limit shown in ry N Item 3.B. of the Information Page as respects 1. release you and us, In writing, of all any one such officer or employee whether responsibility for the injury or death, dead or alive. 2, transfer to us their right to recover from H. Endemic Disease others who may be responsible for their "disease" Ln injury or death, The word includes any endemic diseases. X 3. cooperate with us and do everything 0 t- necessary to enable us to enforce the right co The coverage applies as if endemic diseases Ln to recover from others. were included in the provisions of the workers' o compensation law. If the persons entitled to the benefits paid fall ev to do these things, our duty to reimburse ends 5. Longshore and Harbor Workers' Compensation at once. If they claim damages from us for the Act Coverage Injury or death, our duty to reimburse ends at General Section C. Workers' Compensation 11111111121111 once. Law Is replaced by the following, now E. Recovery From Others C. Workers' Compensation Low If we make a recovery from others, we will Workers' Compensation Low means the keep an amount equal to our expenses of workers or workers' compensation law and recovery and the benefits we reimbursed. We occupational disease law of each state or will pay the balance to the persons entitled to territory named in Rom 3.A. of the Information It. If persons entitled to the benefits make a Page and the Longshore and Harbor Workers' recovery from others, they must repay us for Compensation Act (33 USC Sections 901 - the amounts that we have reimbursed you. 950). It includes any amendments to those F. Reimbursement for Actual Loss Sustained laws that are in affect during the policy period. It does not include any other federal workers This endorsement provides orgy for or workers' compensation law, other federal mom 11101111111111 reimbursement for the loss you actually occupational disease law or the provisions of mum" sustain. In order for you to recover loss or any law that provide nonoccupational disability expenses under this reimbursement you must: benefits. 1. actually sustain and pay the loss or Part Two (Employers' Liability Insurance), C. expense in money after trial, or Exclusions, exclusion 8, does not apply to 2. secure our consent for the payment of the work subject to the Longshore and Harbor loss or expense. Workers' Compensation Act, G. Repatriation This coverage does not apply to work subject Our reimbursement includes the additional to the Defense Base Act, the Outer expenses of repatriation to the United States Continental Shoff Lands Act, or the Nonappropriated Fund Instrumentalities Act. mom am Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 5 of 6 Al " "'TAC[iM EIII'4..� 1 III 0 E) III UIIilly' IILIIC • • • , Dealey, Renton : Associates • • •: • • ....: P. 0. Box 12675 UIM (. • " • . • • Oakland, CA .1 1 465-3090 David • ':. INSURED Mark Thomas & Company, Inc. 1960 Zenker Road San Jose, CA 95112 F M • COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 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 SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ■ ANY f ,rr::.:.. ■ OWNED • :: BODILY 4 .: SCHEDULED AUTOS (Par p9mon) HIREDAUTOS BODILY INJURY GAMGE III II,.. f .. ;:.♦ / ®....... ANY AUTO Ap,roved as • I t EXCESS : LIABILITY ..�... ■ DEDUCTIBLE ■ RETENTION $ I f . • •• i�i,+,ii OTHER T" Professional •••" 1 0. 1 1 1 I , $1,000,000 per Claim Uablft 1I $1,000,000 Anni Aggr. DESCRIPTION OF OPEUTIONWLOCATIOUSNEHICLESEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Design r ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 10 Days for Non-P@yy!ant_ SHOULD ♦ • POLICIES BE CANCELLED BEFORE City of South San Francisco DATE THEREOF, THE ISSUING INSURER INILL ENDEAVOR TOMAIL 3(L—DAYSWRITTEN Attn: City Clerk NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHELEFT, BUTFAILURE TODOBOSHALL 400 Grand Avenue IMPOSE NOOSLIGATION OR LIAO ILITY OF ANYIQND UPON THE INSURERJTS AGENTS OR South f 94080 .. • . D REPRESENTATIVE 4 A 1'A0 W ,IENI 1",2 -ro III '! !!! !!! I J'K11 � fl&I I �11�11 BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MARK THOMAS & COMPANY, INC. MUM M # ;3 -11-M Eli ;101, 10" PEI nereDy acimowledged, City anti Contractor hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in 11 Amendment, unless specifically provided herein to the contrary. 2. Section 1. The March 31, 2015 end date for the term of services idented in Section I of the Agreement is hereby replaced with December 31, 2016. All other terms, conditions and provisions in the Agreement remain in fiffl force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the term of the Agreement will control unless speccally moded by this Amendment. By: By: Brian McMinn qb Director of Public or 'PsenCity Attorney 6berg, C A TAG[IMEDW 1 3 TO EXJ-+1 II A Rruno Channel Bridge at S Specifications, David J Powers & Associates for environmental and permitting, and Parikh Consultants for Geotechnical. Geotechnical work will include field exploration, testing, analysis and a Foundation Report prepared to City and Caltrans standards by Parikh Consultants, Inc. Geotechnical studies are based on Caltrans guidelines for preparation of Bridge foundation Reports. As a general guideline the field exploration program is based on drilling two new borings consisting of one boring at each abutment of the bridge structure. A II . .... ..... ACI HWIIIIIJ4 3 TO 1111 XI H B I A City of South San Francisco Design & Replacement of San Bruno Channel Bridge at S M - M =*:; I Plan Preparation — The Draft 100% PS&E package will be submitted to City and Caltrans for review, with the objective of obtaining encroachment permit approval from Caltrans to construct the project. The project plans and estimate will be prepared for this submittal. The following sheets are anticipated be added • modified for the sidewalk, traffic signal and stage construction design work: i Roadway Plan, Profile and Typical Cross Sections - The plans will follow the City plan format. Roadway layouts will be shown in Plan & Profile format. Typical Cross Section, including structural section and grind/overlay limits to conform to new bridge profile will be provided. Construction Details — Details showing curb transitions, widening, curb ramp details, and paveme clevations will be provided on this sheet. Yrainage and Utility Plans - The Drainage Plans and Utility Plans will show the proposed drainage improvements, including storm drain improvements. With input from the City, utility plans and details g,howing existing utilities to remain and to be relocated will be prepared. Existing utility locations will be determined from utility mapping provided by the utility companies, USA markings, topographic surveys, as-builts and field visits. ��3 A 7 TACF-HMDNJT 3 1 0 EX] HH�1111 III I A City of South Son Francisco Design & Replacement of San Bruno Channel Bridge at S A 1 101 EX'111-+RI I A I M-MMM This final 100% PS&E submittal represents complete checked plans and independent calculations. It will incorporate the City's and Caltrans comments from the Draft 100% PS&E submittal and will also include specifications and the cost estimate. PrOTI-MR-10 MO Under this task, MTCo will address draft 100% Plans and Estimate review comments and prepare the final level of road ridge plans and estimates documents for the project that will be considered ea bid ATTA(d M 1 II NT 3 1 E' )1' III III III I A City of South San Francisco Design & Replacement of San Bruno Channel Bridge of S Under this task, Fehr & Peers will address draft 100% PS&E review comments and prepare the final level of signal/electrical PS&E documents for the project that will be considered ready for bid advertisement. IM-1 BE .45 1 1 - I . I 1 6 1 a • I a I � .T . 9-3 I'M. r4 Under this task, Sarro Associates will address draft 100% specifications review comments and prepare the final level of specifications for the project that will be considered ready for bid advertisement. - - , I= I 1 11,111111 1 111 - 111111y� , 2110« , 194[611 a I I IJIIWIY� YA I L I I I W&ZXVTIWTJ the project. Work performed beyond the budget for this task will be performed on a time and materials MME ATTACI-fl%� , pN .1.. 3 1 C"), E)Q I I A 5.2 UjffiMEgjhaIw& MKIEFT, =— - F-FAC OW, rIVIL Under this task, A Mitigation, Monitoring, and Reporting Plan will be prepared to comply with the RWQCB 2.nd CDFW permitting requirements. This plan would be prepared by an environmental subconsultant. (Estimated total cost $8,000) VLIOtIA Z LOIS I Z N It 11#14 0111 ILVITO-1-61H I I