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
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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
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"'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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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City of Soulh San Francisco
Design & Replacement of San Bruno Canal
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Design & Replacement of San Brimo Canal
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Design & Replacement of San Bruno
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Design &Replacement of San
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Our approach to complete this project within the desired time frame including the following key milestones:
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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
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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.
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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
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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
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THE INSURANCE AFFORDED BY THE
PAID CLAIMS.
LIMITS
DAMAGE TO RENTED
S 300,000
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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
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GEN1 AGGREGATE LIMIT APPLIES PER:
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PAID CLAIMS.
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MED EXP (Any an pawn)
S 10,000
PEFSOMAL & ADV INJURY
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E.L. DISEASE - EA EMPLOYEE $ 1000,000
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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
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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