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HomeMy WebLinkAbout2020-08-12 e-packet@7:00Wednesday, August 12, 2020 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA TELECONFERENCE MEETING City Council Regular Meeting Agenda August 12, 2020City Council Regular Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-25-20 AND N-29-20 ALLOWING FOR DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL GOVERNMENTAL FUNCTION. The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Matsumoto, Nagales and Nicolas, Vice Mayor Addiego and Mayor Garbarino and essential City staff will participate via Teleconference. Members of the public may submit their comments on any agenda item or public comment via email or City Council hotline. PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY TELECONFERENCE. MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY: Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council Local cable channel: Astound, Channel 26 or Comcast, Channel 27 Page 2 City of South San Francisco Printed on 12/15/2020 August 12, 2020City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RICHARD A. GARBARINO, Mayor MARK ADDIEGO, Vice Mayor MARK NAGALES, Councilmember BUENAFLOR NICOLAS, Councilmember KARYL MATSUMOTO, Councilmember ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer MIKE FUTRELL, City Manager SKY WOODRUFF, City Attorney In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 3 City of South San Francisco Printed on 12/15/2020 August 12, 2020City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Proclamation recognizing August as National Water Quality Month (Mayor Richard Garbarino) 1. Report regarding the progress of the Community Civic Campus Design Development. (Jacob Gilchrist, Director of Capital Projects and SmithGroup, Project Master Architect) 2. REMOTE PUBLIC COMMENTS Remote Public Comments Received3. Members of the public wishing to participate are encouraged to submit public comments in writing in advance of the meeting by 4:00 p.m. on Wednesday, August 12th. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up. Emails received before the meeting start time will be emailed to the City Council, posted on the City’s website and will become part of the public record for that meeting. The email and phone line below will be monitored during the meeting. If a comment is received after the set time or during the meeting but before the close of the meeting, the comment will still be included as a part of the record of the meeting. The Clerk will make every effort to read emails received but cannot guarantee such emails will be read during the meeting, subject to the Mayor’s discretion to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Comments that are not in compliance with the City Council's rules of decorum may be summarized for the record. Email: [email protected] Public comments can be made on items not on the agenda, or must clearly identify the Agenda Item Number in the SUBJECT Line of the email. The length of an email comment shall commensurate to the three minutes customarily allowed per individual comment, approximately 300 words total. City Council Hotline: (650) 829-4670 Please limit your voicemail to comply with the 3-minute time limitation for public comment. Page 4 City of South San Francisco Printed on 12/15/2020 August 12, 2020City Council Regular Meeting Agenda COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meetings of June 24, 2020 and July 8, 2020.4. Report regarding a resolution approving and authorizing the City Manager to enter into an agreement between the City of South San Francisco and the California Water Service for new water services to the Police Operations & 911 Dispatch Center. (Jacob Gilchrist, Director of Capital Projects) 5. Resolution approving a service agreement with California Water Service (Cal Water) of San Mateo, California for the Police Operations & 911 Dispatch Center Project (pf2003) in an amount not to exceed $218,226.24 and authorizing the City Manager to execute the agreement. 5a. ADMINISTRATIVE BUSINESS Report regarding a motion to accept the construction improvements of the Phase I Antoinette Lane Rule 20A Underground Utility District Project (Project No. st1702) as complete in accordance with plans and specifications (Total Construction Cost $2,173,734). (Matthew Ruble, Principal Engineer, and Peter Vorametsanti, Swinerton Management & Consulting) 6. Report regarding a resolution awarding a construction contract to Redwood Painting Co. Inc. of Pittsburg, California for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase One (Project No. ss1307 & ss1901) in an amount not to exceed $691,195.79, authorizing a total construction budget of $829,435.00, and authorizing the City Manager to execute agreements on behalf of the City. (Brian Schumacker, Plant Superintendent, and Peter Vorametsanti, Engineering Division Consultant) 7. Resolution awarding a construction contract to Redwood Painting Co., Inc. of Pittsburg, California for the Water Quality Control Plant And Pump Station Coating and Corrosion Protection Project Phase One, (Project No. ss1307 & ss1901) in an amount not to exceed $691,195.79, and authorizing a total construction budget of $829,435.00, and authorizing the City Manager to execute the construction contract on behalf of the City. 7a. Report regarding a resolution approving an Outside Sewer Service Agreement with the owner of 413 Alida Way (APN 013-141-020), and authorizing the City Manager to execute the agreement for recordation. (Jason Hallare, Senior Civil Engineer) 8. Page 5 City of South San Francisco Printed on 12/15/2020 August 12, 2020City Council Regular Meeting Agenda Resolution approving an Outside Sewer Service Agreement with the property owner of 413 Alida Way (APN # 013-141-020), and authorizing the City Manager to execute the agreement for recordation. 8a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS City Council to designate a voting delegate and alternate for the League of California Cities Annual Conference and Expo on October 7-9, 2020 (Richard Garbarino, Mayor) 9. CLOSED SESSION Closed Session: Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mike Futrell, City Manager and Leah Lockhart, Human Resources Director Employee Organization: Executive Management 10. ADJOURNMENT Page 6 City of South San Francisco Printed on 12/15/2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-466 Agenda Date:8/12/2020 Version:1 Item #:1. Proclamation recognizing August as National Water Quality Month (Mayor Richard Garbarino) City of South San Francisco Printed on 8/7/2020Page 1 of 1 powered by Legistar™ Dated: August 12, 2020 DESIGNATION OF AUGUST AS NATIONAL WATER QUALITY MONTH August 12, 2020 WHEREAS, clean water is essential for life and healthy communities. Groundwater, lakes, rivers, and streams are s ignificant resources that the United States of America relies on as a source of fresh water; and WHEREAS, South San Francisco recognizes how regular human activities have impact our water quality from previous generations. National Water Quality Month reminds us how our actions both past and present affect our waterways; and WHEREAS, there are many things individuals can do to prevent water pollution including: participating in a community or waterway clean - up, picking up after pets, putting only water down storm drains, choosing nontoxic household products, not using chemical fertilizers or pesticides and reducing water usage; and WHEREAS, without safe and reliable water and wastewater treatment systems, no community, or sector of the economy – from biotech to manufacturing – can exist thrive and expand; and WHEREAS, technological advances and the dedication of thousands of water industry professionals in the state of California ensures that our drinking water and treated wastewater meets some of the most stringent water quality standards in the nation; and WHEREAS, South San Francisco recognizes the community benefits derived from the City’s team of dedicated professionals in engineering, field operations, ,parks and at the water quality control plant who tirelessly work to ensure that surface waters meet strict standards for human contact and recreation. NOW, THEREFORE, BE IT RESOLVED that Mayor Richard Garbarino and the City Council of the City of South San Francisco do hereby designate August as National Water Quality Month in South San Francisco. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-485 Agenda Date:8/12/2020 Version:1 Item #:2. Report regarding the progress of the Community Civic Campus Design Development.(Jacob Gilchrist, Director of Capital Projects and SmithGroup, Project Master Architect) RECOMMENDATION Staff recommends City Council receive a design update presentation regarding the Community Civic Campus. BACKGROUND/DISCUSSION At the February 26,2020 City Council Meeting,staff and architects from the SmithGroup provided an update on the Design Development package for Phase II of the Community Civic Campus.The team shared revised designs for the playground,El Camino Real building entrance,building exterior,and the City Council Chamber.Council provided feedback on these items and asked that the team provide additional details on the playground, City Council Chambers, interior design, and sustainable features. This report and attached presentation provides updates on the: Current project schedule and budget,including an update on proposed funding sources and bond sale strategy An in-depth look at the sustainable, green infrastructure components of the project Detailed graphic representation of both interior and exterior elements including: A room by room,floor by floor slide show of digital 3D model images showing nearly every program space within the building. An update on the interior design of the City Council Chamber An update on the playground Images of the proposed digital sign near the corner of El Camino Real and Chestnut Avenue. Project Schedule Since mid-March,the Community Civic Campus project team lead by Kitchell CEM and SmithGroup Architects has responded exceptionally to a changing world due to the COVID-19 pandemic and disruption to our regular interaction on a very involved,collaborative project.For a team that would typically meeting in- person 3-4 days per week,the disruption was felt immediately.However,we have lost little time to the schedule - approximately two to three weeks - as we adjusted to working remotely on the project plans. The current project schedule has the contract package advertised to bidders in early September 2020.Bids are to be received and reviewed in late October 2020.The team anticipates bringing the winning bid to Council for award in November 2020 and for the groundbreaking to occur in December 2020.With constructionCity of South San Francisco Printed on 8/7/2020Page 1 of 7 powered by Legistar™ File #:20-485 Agenda Date:8/12/2020 Version:1 Item #:2. for award in November 2020 and for the groundbreaking to occur in December 2020.With construction expected to take 27 months, the facility is slated for a Spring 2023 opening. The budget is discussed in detail below in the Fiscal Impact section of this report. Sustainability Sustainable design features are integral to the South San Francisco Library/Parks &Recreation building design,from site selection and development to passive,low-carbon energy systems and indoor environmental quality enhancements.In June 2018,Council directed the team to not pursue LEED certification -primarily due to cost -but asked that the project include as many sustainable design elements as possible.Below is an explanation of the building design in relation to LEED certification and an explanation of the sustainable elements of the project design. The project is designed to meet the 2019 California Green Building Standards Code (CALGreen),which aligns with a LEED-equivalent project.As planned,a few items preclude the project from achieving LEED- Silver equivalence or certification.The project would need to provide detailed LEED credit calculations and documentation to confirm a LEED certification path.In addition,a commissioning agent consultant would need to complete and document further design review.Finally,additional project measures would need to be taken,including but not limited to a commitment to green power procurement and potentially an off-site power purchase agreement.Regardless of specific criteria required for LEED certification,the project is designed with numerous innovative sustainable design features, described below. A key foundational environmental strategy of the project is its location near BART and along the Centennial Way bicycle trail,which will allow for site access by low-carbon,alternative vehicle transport such as public transit,walking,and biking.To further reduce the transportation emissions footprint of the project,electric vehicle charging has been integrated into the parking design,with additional infrastructure provided for future EV-charger installations.The site parking and park design mitigates storm water impacts,reduces the urban heat island, and limits nighttime light pollution. Perhaps the most innovative sustainable attributes of the project design can be found in its energy systems.A major architectural element of the project is the passively conditioned City Council Chamber pre-function space.This multi-story glazed space will serve as an iconic civic landmark along El Camino Real without the energy intensive conditioning systems typical of this type of space.Instead,the space is designed to connect visitors and occupants to the exterior environment while keeping them comfortable through passive ventilation.The pre-function space will be naturally ventilated and cooled through automated operable windows -significantly reducing energy cost and the carbon footprint while creating a unique space between indoors and outdoors.A high performance,dynamic,fritted façade makes this strategy possible.The project design embraces passive design principles in other ways;the narrow floorplate and fritted skin are optimized to provide daylight access to most spaces while limiting solar heat gain,improving indoor environmental quality and enhancing occupant experience while reducing electric lighting and cooling energy. The building’s active ventilation systems were chosen to position the project to leverage a low-carbon energy future.Natural gas will not be used for building heating;instead these systems will be all-electric.By electrifying these building systems,the project will be able to reduce its operational greenhouse gas footprint over the long term -with on or off-site solar energy procurement or continued integration with the rapidly decarbonizing California electric utility grid. City of South San Francisco Printed on 8/7/2020Page 2 of 7 powered by Legistar™ File #:20-485 Agenda Date:8/12/2020 Version:1 Item #:2. To reduce pollution and waste associated with the construction process,construction air quality management and a 75%waste diversion target is required of the project.Finally,low-emitting materials that meet low volatile organic (VOC)criteria will be used for field-applied paints,coatings,sealants,flooring,and composite wood products, limiting exposure for builders and occupants. Interior Design The project architects from SmithGroup have further refined the building’s interior design by developing a series of high quality visualizations to provide the Council with a way to experience the new facility.The team stuck to the primary project goals of creating a warm and inviting place for all generations.The rooms are flexible and the materials are durable.The building will evoke the history of South San Francisco both visually with images of the past as well as architecturally with exposed steel recalling the City’s long tradition of industry. The architects will present a room-by-room look at the 3-story that is organized as follows: ·Level One As the primary entrance from the park and parking garage,Level One is home to the Medium and Large Event spaces,and City Council Chambers/Theatre.The Interior design represents a sophisticated aesthetic that will ensure the event spaces are a desirable destination for weddings,conventions, lectures and performances.The catering kitchen and teaching kitchen support the event spaces and can be used separately or as a single entity for large events.On the Library side,Level One is the location for the library's media handling system,which will allow for easy access to reserve books and the return book drop.The first floor also provides several vital utility and storage functions for the building. ·Level Two With spaces for children and teens,the second floor is a vibrant place to learn and discover!The Interior design is more playful and engaging.The Level Two program includes the Children's Library, which features a large story time area.The Youth Library provides a place for teens to study, collaborate,record a podcast or learn about Virtual Reality.The Discovery Center includes a Maker Space,Digital Studio and Community Room.Park and Recreation classrooms include the Medium and Large Dance,3 Music rooms,a Large Exercise room and a Child Classroom.The Level Two Lobby also has the secondary main entrance off El Camino Real.Parents and caregivers can wait for their children in a lobby that provides seating for all ages, with views to San Bruno Mountain and Sign Hill. ·Level Three Level Three has a more refined aesthetic.The Adult Library offers the Market Exchange,Adult Collections and Collaboration/Tutoring Spaces.The Administrative Offices (for both Library and Parks and Recreation)are on the top floor,providing a public counter,Private Offices,shared Conference Rooms and a Break Room.The Reading Lobby features a coffee bar and a variety of seating types,also orientated towards the views.Level Three also includes an Art Room and a Small Classroom/Art Gallery space. Playground Design The 1.3-acre public park will serve as an amenity for all Library,Parks and Recreation users and neighboring residents alike.The park design includes a playground,synthetic turf field,exterior restroom,native planting City of South San Francisco Printed on 8/7/2020Page 3 of 7 powered by Legistar™ File #:20-485 Agenda Date:8/12/2020 Version:1 Item #:2. garden, event plaza, walking paths and seating areas throughout. The project team developed two initial playground design concepts -one focused on Technology and Innovation and another centered around Nature and Adventure Play.Both concepts included play zones for multiple age groups (6-24 months,2-5 years,and 5-12 years)that feature inclusive play equipment,rubberized play surfacing, seating, shaded areas, and a secure perimeter fence. At the time of the last presentation to City Council,staff promoted an online playground survey regarding the community’s preferences for the different themes,colors,and play components.In light of the COVID-19 pandemic,this survey proved instrumental in getting meaningful feedback from our residents.The survey received over 400 responses and the project landscape architects integrated this feedback into the design.Staff reported on the design survey at the May 2020 meeting of the Parks and Recreation Commission.While 2/3 of survey respondents preferred the Nature and Adventure theme,the detailed comments suggested that there were important elements of both designs that should be included in the final plan.The result is a blending of the two original concepts -primarily by taking the vibrant and active playfulness of the nature concept and synthesizing it within the refined materials and aesthetic of the technology concept. Not currently funded,the enhanced site including the playground is estimated to cost approximately $5.5 million.Staff is preparing to re-apply for a funding grant from the California Statewide Park Program funded by Proposition 68.Though unsuccessful in the previous round,we were encouraged to re-apply and are guardedly optimistic about receiving a grant.Additionally,the project’s capital campaign,SSF Gives,is continuing raising money toward the $10 million goal of the capital campaign.The project team plans to bid the elements of the enhanced site as bid alternates.This allows us to build these items with a guaranteed price in the case that the winning bid is lower than our current estimate or if additional funding is secured before Spring 2021. Exterior Digital Sign A small but central feature of the overall project,the exterior sign at El Camino Real and Chestnut Avenue will be an effective tool to reach and welcome all South San Franciscans to the Community Civic Campus. Because digital signs are so flexible,announcements,invitations,and community information will be translated into multiple languages.The project team developed the sign to work within the park landscape, complement the City Council Chambers,and still be located prominently to communicate critical information to the community. FISCAL IMPACT Funding Phase II of the Civic Campus - Library/Parks and Recreation (LPR) Project The current construction cost estimate for the LPR Project is $129.5 million, which is a $9.5 million increase from the previously reported $120 million cost estimate. The reason for this increase is two-fold: 1.The cost of construction has risen since the Project was originally scoped and the estimated cost now to build the base project has risen from $120 million to $124 million. 2.The scope of the Project has now expanded to also include the enhanced site including playground, synthetic turf and exterior restroom, which increases the project cost by $5.5 million. City of South San Francisco Printed on 8/7/2020Page 4 of 7 powered by Legistar™ File #:20-485 Agenda Date:8/12/2020 Version:1 Item #:2. The $129.5 million project cost does not take into account the additional cost that may arise as a result of the current pandemic. While difficult to determine at this time, if the current pandemic results in marked changes on construction requirements (e.g., enhanced mandatory safety measures resulting in additional labor and materials, disruption to material supply chains, or delays in construction schedule), it may result in an increase in cost to complete the Project. Given the $129.5 million estimated cost, the following table shows the currently contemplated funding options for the LPR Project: Table 1 - Options for Funding the LPR Building Sources Option #1 Option #2 Bond Proceeds $ 83,300,000 103,300,000 Infrastructure Reserves 20,000,000 - PEG Funds 1,100,000 1,100,000 Measure W Fund Balance 21,300,000 21,300,000 Childcare/Library Improvement 490,000 490,000 Library - Project READ 255,000 255,000 Fundraising 3,055,000 3,055,000 TOTAL $ 129,500,000 $ 129,500,000 As shown above, Option #1 contemplates funding the LPR Project with a mix of various funding sources that have been previously identified, with $83.3 million of the $129.5 million project (approximately 64% of the Project) being funded with tax-exempt bonds. Option #2 contemplates a similar mix of funding sources except that an additional $20 million would be borrowed via tax-exempt bonds to fund the LPR Project. This would avail the cash currently in Infrastructure Reserves for other City projects and/or for the purposes of preserving liquidity and flexibility for the City. As Council is aware, the pandemic has dramatically affected the global economy, with almost all sectors experiencing a notable contraction. However, one “silver lining” to the current situation is that with the slashing of key interest rates by the Federal Government, money remains cheap. The Federal Fund Rate, for example, which is a key indicator of interest rates within America and represents the rate in which commercial banks borrow and lend their excess reserves to each other overnight, is 0.25% currently. That is a level that has not been seen since the late 2008/early 2009, which was the height of the financial crisis. When the City priced its Series 2020A Lease Revenue Bonds to fund the Police Station earlier this year near all -time historic lows, the City locked in an all-in total interest cost of 2.30%. While it is impossible to predict the future of interest rates, for the purposes of conservatively estimating debt service for the LPR Project, staff has assumed an all-in total interest cost of 3.50%. The following table shows the estimated cost results of the two funding options for the LPR Project: City of South San Francisco Printed on 8/7/2020Page 5 of 7 powered by Legistar™ File #:20-485 Agenda Date:8/12/2020 Version:1 Item #:2. Table 2 - Estimated Debt Service on LPR Project Sources Option #1 Option #2 Bond Proceeds $ 83,300,000 $ 103,300,000 Assumed All-In TIC 3.50%3.50% Average Annual Debt Service $ 5,054,217 $ 6,261,082 Total Debt Service $127,540,183 $ 157,614,083 Based upon the current projections, Measure W revenues can reasonably absorb the debt service for either financing options even after taking into account the current commitments (i.e., debt service on Series 2020A Bonds, contribution for Streets Program, etc.) and the contraction in sales tax as a result of the novel coronavirus. Measure W revenues have been steadily increasing since it first collection in FY 2015-16.For the last full fiscal year (FY 2018-19),Measure W revenues were $12.6 million.To date,the City has received approximately $9.9 million in Measure W revenues for FY 2019-20;that figure does not include May and June 2020 collections, which are expected in the coming weeks.It is our expectation,in consultation with the City’s sales tax consultant,Avenu Insights and Analytics,that revenues for FY2019-20 will be approximately $11.5 million, which is a notable contraction from the FY2018-19 Measure W revenues -largely due to the impacts of the worldwide pandemic in the last third of the fiscal year.It is projected that for FY 2020-21,Measure W revenues will be even lower, with a conservative projection of $11.17 million. However, despite these contractions, the City’s Measure W fund remains healthy and expected future revenues will be able to comfortably sustain the debt service of both options presented. The chart below shows a graphic of future projected revenues against current obligations plus debt service for both options: City of South San Francisco Printed on 8/7/2020Page 6 of 7 powered by Legistar™ File #:20-485 Agenda Date:8/12/2020 Version:1 Item #:2. Chart 1 - Projected Measure W Revenues vs. Option #1 and #2 Cashflows RELATIONSHIP TO STRATEGIC PLAN This effort is included in the City’s Strategic Plan.It aligns with Priority #2 which is focused on enhancing quality of life and Priority #3 which is focused on enhancing public safety. CONCLUSION The project team is managing the project in three phases.Phase II -the main campus that houses the Library, Parks &Recreation,and Community Theatre/City Council building and adjacent park -is slated to begin construction in late Fall 2020.The team continues to lead the Phase I construction of the Police Operations Center and 911 Dispatch Center which broke ground in February 2020.It is currently scheduled to open Fall 2021.Phase III is the Fire Station to be built in the future,likely coordinated with development at the Municipal Services Building site. Attachment: Slide Show Presentation City of South San Francisco Printed on 8/7/2020Page 7 of 7 powered by Legistar™ CITY COUNCIL MEETING, AUGUST 12, 2020 SOUTH SAN FRANCISCO COMMUNITY CIVIC CAMPUS A G E N DA Phase II: Library Parks and Recreation 1.Budget and Schedule Summary 2.Sustainability Features 3.Interior Design •City Council Dais •Building Signage Languages 4. Enhanced Landscape Design •Playground •Exterior Digital Signage BUDGET SUMMARY Phase II: Library Parks and Recreation •Approved Budget (06/18):$120M Current Budget Estimate: •All In :$124M •Enhanced Site:$5.5M (Includes: Playground, Synthetic Turf and Exterior Restroom) •Grand Total: $129.5M 2 Funding the Civic Campus (OPTION #1) Description Pre - Construction Phase I: Police Station Phase II: Library, P&R, Council TOTAL Estimated Cost $ 34,000,000 $ 56,800,000 $ 129,500,000 $ 220,300,000 Sources of Funds Monies Already Spent (6/30/2020)24,325,888 24,325,888 Bond Proceeds 53,800,000 83,300,000 137,100,000 Infrastructure Reserves 20,000,000 20,000,000 Public Safety Impact Fee 1,000,000 1,000,000 PEG Funds 1,100,000 1,100,000 Measure W Cash (6/30/2024)9,674,112 21,300,000 30,974,112 Asset Seizure 2,000,000 2,000,000 Childcare/Library Improvement 490,000 490,000 Library –Project READ 255,000 255,000 Fundraising / Future GF Surplus 3,055,000 3,055,000 TOTAL $ 34,000,000 $ 56,800,000 $ 129,500,000 $ 220,300,000 3 Funding the Civic Campus (OPTION #2) Description Pre - Construction Phase I: Police Station Phase II: Library, P&R, Council TOTAL Estimated Cost $ 34,000,000 $ 56,800,000 $ 129,500,000 $ 220,300,000 Sources of Funds Monies Already Spent (6/30/2020)24,325,888 24,325,888 Bond Proceeds 53,800,000 103,300,000 157,100,000 Infrastructure Reserves Public Safety Impact Fee 1,000,000 1,000,000 PEG Funds 1,100,000 1,100,000 Measure W Cash (6/30/2024)9,674,112 21,300,000 30,974,112 Asset Seizure 2,000,000 2,000,000 Childcare/Library Improvement 490,000 490,000 Library –Project READ 255,000 255,000 Fundraising / Future GF Surplus 3,055,000 3,055,000 TOTAL $ 34,000,000 $ 56,800,000 $ 129,500,000 $ 220,300,000 $- $2,500,000 $5,000,000 $7,500,000 $10,000,000 $12,500,000 $15,000,000 $17,500,000 $20,000,000 $22,500,000 FY19 Measure W Receipts = $12.6 million FY20 Measure W Receipts = $11.5 million Dot Com Drop 4 SERIES 2020A –Police Station Phase II Bonds Debt Service Streets Program Great Recession Estimated Measure W Cashflow (OPTION #1) $- $2,500,000 $5,000,000 $7,500,000 $10,000,000 $12,500,000 $15,000,000 $17,500,000 $20,000,000 $22,500,000 FY19 Measure W Receipts = $12.6 million FY20 Measure W Receipts = $11.5 million Dot Com Drop 5 SERIES 2020A –Police Station Phase II Bonds Debt Service Streets Program Great Recession Estimated Measure W Cashflow (OPTION #2) $- $2,500,000 $5,000,000 $7,500,000 $10,000,000 $12,500,000 $15,000,000 $17,500,000 $20,000,000 $22,500,000 Measure W Projected Revenues Option #1 Debt Service + Current Obligations Option #2 Debt Service + Current Obligations Revenues vs. Option #1 and #2 Cashflow 7 Option #1 vs. Option #2 Debt Service Description Option #1 Option #2 Bond Proceeds $ 83,300,000 $ 103,300,000 All-In Total Interest Cost 3.50%3.50% Average Annual Debt Service $ 5,054,400 $ 6,261,083 Total Debt Service $ 127,540,183 $ 157,614,083 Impact on DS with 1% Interest Rate Move +/-$545,000 +/-$672,000 SCHEDULE SUMMARY Phase II: Library Parks and Recreation •Out to Bid September,2020 •Award Construction November,2020 •Ground Breaking December, 2020 •Opening Spring, 2023 SUSTAINABILITY FEATURES SUSTAINABILITY FEATURES 1.TRANSIT CONNECTIVITY & BICYCLE INFRASTRUCTURE 2.ELECTRIC VEHICLE CHARGING 3.STORMWATER MANAGEMENT 4.HEAT ISLAND REDUCTION 5.LIGHT POLLUTION REDUCTION 6.ELECTRIFICATION OF HVAC SYSTEMS PROJECT IS DESIGNED TO MEET CBC 2019 CALGREEN AND ENERGY CODE. SUSTAINABILITY FEATURES 7. WATER EFFICIENCY 8. USEFUL DAYLIGHT ILLUMINANCE 9. HIGH PERFORMANCE ENVELOPE 10. VISUALLY COMFORTABLE INTERIOR ENVIRONMENT 11. CONSTRUCTION WASTE & AIR QUALITY MANAGEMENT 12. LOW EMITTING MATERIALS Cost: Building Size: $120-130M 85,000 sq ft Number of Stories:3 levels Program Elements: o Library o Parks &Recreation o Council Chambers o Parking Garage o Park with Playground o Surface Parking MAIN CAMPUS | PROJECT SUMMARY VIEW FROM THE PARK VIEW FROM EL CAMINO REAL VIEW FROM THE PARK INTERIOR DESIGN FLOOR PLANS LEVEL 1: GARAGE, LIBRARY BOOK RETURN, EVENT SPACES, COUNCIL CHAMBERS LEVEL 2: CHILDREN AND YOUTH LIBRARY, DISCOVERY CENTER, P&R CLASSROOMS LEVEL 3: ADULT LIBRARY, P&R CLASSROOMS, ADMINISTRATION VIEW FROM THE PARK LEVEL 1 | ENTRY LOBBY LEVEL 1 | ENTRY LOBBY BUILDING SIGNAGE LANGUAGE LEVEL 1 | LOBBY LEVEL 1 –EVENT CORRIDOR LEVEL 1 –EVENT CORRIDOR LEVEL 1 | LARGE EVENT LEVEL 1 | LARGE EVENT LEVEL 1 | MEDIUM EVENT LEVEL 1 | MEDIUM EVENT LEVEL 1 | COUNCIL CHAMBER LEVEL 1 | COUNCIL CHAMBER PLAN LEVEL 1 | COUNCIL CHAMBER DAIS LEVEL 1 | COUNCIL CHAMBER FLEXIBILITY LEVEL 2 | LOBBY LEVEL 2 | LOBBY LEVEL 2 | LIBRARY CORRIDOR DISCOVERY CENTER | COMMUNITY ROOM DISCOVERY CENTER | MAKER SPACE DISCOVERY CENTER | DIGITAL STUDIO LEVEL 2 | CHILDRENS LIBRARY LEVEL 2 | CHILDRENS LIBRARY LEVEL 2 | LIBRARY STORYTIME LEVEL 2 | YOUTH LIBRARY LEVEL 2 | YOUTH LIBRARY LEVEL 2 | PARKS AND REC CORRIDOR LEVEL 2 | LARGE DANCE LEVEL 2 | EXERCISE ROOM LEVEL 2 | CHILDRENS CLASSROOM LEVEL 2 | CHILDRENS CLASSROOM LEVEL 3 | LOBBY LEVEL 3 | LIBRARY MARKET EXCHANGE LEVEL 3 | ADULT LIBRARY LEVEL 3 | LOBBY LEVEL 3 | ART ROOM LEVEL 3 | ADMIN FLOOR PLAN LEVEL 3 | ADMIN RECEPTION LEVEL 3 | STAFF BREAK ROOM LEVEL 3 | STAFF BREAK ROOM ENHANCED LANDSCAPE DESIGN PLAYGROUND DESIGN | OVERALL PARK DESIGN DECEMBER 2019 PLAYGROUND CONCEPTS CONCEPT 1 –TECHNOLOGY / INNOVATION CONCEPT 2 –NATURE / ADVENTURE PLAYGROUND SURVEY –WHAT WE HEARD Overall Preference = NATURE! Nature / Adventure Technology / Innovation 67% 3 3 % 401 RESP ONSES JANUARY- APRIL TYPES OF PLAY 1.MOVEMENT 2.INCLUSIVE 3.ADVENTURE 4.EDUCATIONAL PLAY EQUIPMENT 1.CLIMBING 2.SLIDES 3.SWINGS 4.BALANCING ELEMENT S GENERAL FEEDBACK [162 WRITE-IN COMMENTS] •NO SAND •NEED PLENTY OF SEATING FOR ADULTS AND GOOD VISIBILITY •NEED SHADE/RAIN COVERING •NEEDS TO BE ACCESSIBLE AND SECURE •ENCLOSED AREA FOR 2 -5 YEAR OLDS •NEED SWINGS FOR 2-5 AND 5 -12 YEAR OLDS •NEEDS TO BE INCLUSIVE •INTEGRATION OF NATURE AND TECHNOLOGY CONCEPTS PLAYGROUND DESIGN PLAYGROUND DESIGN BIRD’S EYE VIEW PLAYGROUND DESIGN 6 MONTHS -5 YEARS OLD AREA PLAYGROUND DESIGN 5-12 YEARS OLD AREA PLAYGROUND DESIGN PLAYGROUND DESIGN VIEW FROM TURF AREA AND SHADE STRUCTURE DESIGN PLAYGROUND DESIGN VIEW FROM 3RD FLOOR LOBBY BUILDING DIGITAL SIGNAGE BUILDING DIGITAL SIGNAGE THANK YOU! City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-558 Agenda Date:8/12/2020 Version:1 Item #:3. Remote Public Comments Received City of South San Francisco Printed on 8/7/2020Page 1 of 1 powered by Legistar™ From:Lisa Niehuser To:All at City Clerk"s Office Subject:Agenda item 2 public comment Date:Wednesday, August 12, 2020 3:01:19 PM To whom it may concern: South San Francisco should consider putting more money towards the research and development of schools. Currently 1% of funds goes towards schools. That needs to be changed around. Our kids deserve better. Thank you. Government Code Section 54957.5 SB 343 Agenda: 8/12/2020 Item # 3 Remote Public Comments City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-557 Agenda Date:8/12/2020 Version:1 Item #:4. Motion to approve the Minutes for the meetings of June 24, 2020 and July 8, 2020. City of South San Francisco Printed on 8/7/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-521 Agenda Date:8/12/2020 Version:1 Item #:5. Report regarding a resolution approving and authorizing the City Manager to enter into an agreement between the City of South San Francisco and the California Water Service for new water services to the Police Operations & 911 Dispatch Center.(Jacob Gilchrist, Director of Capital Projects) RECOMMENDATION It is recommended that the City Council adopt a resolution approving and authorizing the City Manager to enter into an agreement between the City of South San Francisco and California Water Service for new water services to the Police Operations &911 Dispatch Center in the amount not to exceed $218,226.24. BACKGROUND/DISCUSSION Construction of the Community Civic Campus:Phase I,the new Police Operations &911 Dispatch Center began on February 20,2020.The project’s general contractor,Swinerton Builders,has completed demolition of the former Pet Club store and is actively working on installation of underground utilities and the building’s foundation. Water services within this area of the City of South San Francisco are provided by California Water Service.As part of new building construction,the new facility will require new water service connection points which include:6”fire service,a fire hydrant,2”irrigation service,4”domestic water service with a 3”meter. California Water Service will perform the installation of the new facilities within the street right-of-way. Infrastructure and work within the site will be handled by the general contractor.Work will also include complete abandonment of the Pet Club’s old 8” fire service and 2” domestic water service. FISCAL IMPACT This project is funded by “Measure W”,and the project is included in the City of South San Francisco’s Fiscal Year 2020-21 Capital Improvement Program (Project No.pf2003)with sufficient funds allocated to cover the project cost for Fiscal Year 2020-2021.The service agreement with California Water Service is in the amount not to exceed $218,226.24. RELATIONSHIP TO STRATEGIC PLAN On November 3,2015,South San Francisco voters approved a half-cent sales tax measure,“Measure W.”The measure was structured as a general tax with tax proceeds beginning April 1,2016,available for any valid governmental purpose.Throughout the Measure W public outreach process,the community expressed support for expansion and enhancement of public safety,quality of life and education programs/services provided by the City of South San Francisco’s Police,Fire,Library and Parks and Recreation (LPR).The program includes design and construction of a new Police Operations &911 Dispatch Center (Phase I),and a Library/Recreation with a multi-use Theater/Council Chambers (Phase II).The Fire station west of El Camino Real will be designed but constructed as a future (Phase III). City of South San Francisco Printed on 8/7/2020Page 1 of 2 powered by Legistar™ File #:20-521 Agenda Date:8/12/2020 Version:1 Item #:5. CONCLUSION Awarding the service agreement for new water services to California Water Services for the COMMUNITY CIVIC CAMPUS:PHASE I Police Operations &911 Dispatch Center will provide the project with new water service facility connection points for the new facility.Approval of this agreement is a necessary step to building and completing the Community Civic Campus project. City of South San Francisco Printed on 8/7/2020Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-522 Agenda Date:8/12/2020 Version:1 Item #:5a. Resolution approving a service agreement with California Water Service (Cal Water)of San Mateo,California for the Police Operations &911 Dispatch Center Project (pf2003)in an amount not to exceed $218,226.24 and authorizing the City Manager to execute the agreement. WHEREAS,California Water Services (Cal Water)provides water services to residents and businesses within this area of the City of South San Francisco; WHEREAS,California Water Services provided cost estimate to provide and install new water services to the Police Operations &911 Dispatch Center which will be coordinated with current general contractor actively working on building construction; WHEREAS,new services will include:fire water service,domestic water service,and irrigation water service in locations and quantities as noted within Police Operations & 911 Dispatch Center permitted documents; WHEREAS,Cal Water will complete standard installation and will retain ownership of typical fire service, domestic service,and irrigation service which is limited to the tee,gate valve,and pipe necessary to reach the customer’s street right of way property line.Applicant will install and own the balance of facilities located beyond the street right of way line on the customer’s property. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a service agreement,attached herewith as Exhibit A,with California Water Service of San Mateo,California in an amount not to exceed $218,226.24,conditioned on the appropriate installation of services as required for the Police Operations &911 Dispatch Center and its timely execution of the services agreement and submission of all required documents,including but not limited to,certificates of insurance and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement and any other related documents on behalf of the City upon timely submission by California Water Service signed contract and all other documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other required actions consistent with the intent of this resolution that do not materially increase the City’s obligations. ***** City of South San Francisco Printed on 8/13/2020Page 1 of 1 powered by Legistar™ EXHIBIT APage 1 of 3 EXHIBIT APage 2 of 3 Mike Futrell, City Manager City of South San FranciscoPO Box 711South San Francisco, CA 94083650-877-855294-6000435EXHIBIT APage 3 of 3 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-191 Agenda Date:8/12/2020 Version:1 Item #:6. Report regarding a motion to accept the construction improvements of the Phase I Antoinette Lane Rule 20A Underground Utility District Project (Project No.st1702)as complete in accordance with plans and specifications (Total Construction Cost $2,173,734).(Matthew Ruble,Principal Engineer,and Peter Vorametsanti, Swinerton Management & Consulting) RECOMMENDATION It is recommended that the City Council,by motion,accept the construction improvements of the Phase I Antoinette Lane Rule 20A Underground Utility District Project (Project No.st1702)as complete in accordance with plans and specifications (Total Construction Cost $2,173,734). BACKGROUND/DISCUSSION On July 26,2017,the City Council adopted Municipal Ordinance 1540-2017 to formally establish the Antoinette Underground Utility District in accordance with California Public Utilities Commission (CPUC) Rule 20A.The District boundaries encompass the two-block extent of Antoinette Lane.However,during design development,it became evident that it would be infeasible to complete the southern block before the developer of the 988 El Camino Real housing project completes a major rerouting of underground utilities from within its property.Therefore,the City’s undergrounding project has been separated into two phases to allow the northern block to proceed ahead of the Community and Civic Center Campus construction (see Attachment 1- District Boundary Map). The City may complete Phase II of the Project at a future date. The City engaged Bellecci &Associates Inc.(designer)to prepare the construction plans and specifications. The designer coordinated with the utilities to develop the construction cost allocation,known as the Form B. Rule 20A specifies that the undergrounding costs are allocated among all the parties to the project,i.e.,for phase 1 this is PG&E, AT&T, Comcast, and the City. On April 10,2019,the City awarded a construction contract to Seton Pacific Construction Inc.to move the overhead power and communication utilities along the frontage of the planned Community Civic Center Campus and Police Department to an underground trench in Antoinette Lane.The work included construction of the underground joint trench with conduits,vaults,and boxes such that PG&E,AT&T,Comcast will use to relocate their overhead facilities underground in according with CPUC Rule 20A. The work was inspected by the Engineering Division and found to be complete in accordance with the contract documents as of February 28, 2020. FISCAL IMPACT In the City of South San Francisco’s Fiscal Year 2018-19 Capital Improvement Program (CIP)Project No. st1702,this project is funded by the general fund,Measure W fund,and the Rule 20A fund.Budget Amendment 19.049,approved by City Council on April 10,2019,replaced Measure W funds with Infrastructure reserves and appropriated an additional $1 million in Rule 20A funds that are eligible for City of South San Francisco Printed on 8/7/2020Page 1 of 2 powered by Legistar™ File #:20-191 Agenda Date:8/12/2020 Version:1 Item #:6. Infrastructure reserves and appropriated an additional $1 million in Rule 20A funds that are eligible for reimbursement for the project from PG&E Rule 20A allocations for South San Francisco to provide sufficient fund allocation to cover the contract cost. The Rule 20A fund represents the reimbursement to the City for the utilities’shares of the costs as defined in the Form B.PG&E will draw its costs from the work credits it has allocated to the City.As of May 30,2020, the City has a PG&E work credits balance of approximately $7.2 million without accounting for the Antoinette Project.The City has been reimbursed $1,180,255 from this balance.PG&E will also deduct their costs for this undergrounding from this balance upon closing out this project on their end.The other utilities will pay their cost reimbursements to the City directly from their budgets. The total construction cost incurred for the project is summarized as follows: Projected Actual Seton Pacific Construction contract $2,019,667 $2,019,667 Construction Contingency $201,967 $154,067 Total Construction Budget $2,221,634 $2,173,734 Contingency was used for installation of additional underground conduits and vaults not shown on the construction plans. Although the construction work is complete,the City has received several Stop Payment Notices from suppliers that provided materials to Seton Pacific Construction Inc.for the Antoinette Project.Accordingly,the City is withholding the retention and a portion of the progress payment due contractor. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by improving safety and enhancing city infrastructure. CONCLUSION Staff recommends acceptance of the project as complete. Upon acceptance, a Notice of Completion will be filed with the County of San Mateo Recorder’s office. At the end of the thirty-five days lien period, the retention funds will be released to the Contractor after the City receives the one year warranty bond. Attachments: 1.District Boundary Map 2.Presentation City of South San Francisco Printed on 8/7/2020Page 2 of 2 powered by Legistar™ 0933300 4 0 922920918942950AN T O I N E T T E L N MISSION RD ANTOINETTE LN EL CAMINO REAL CHESTNUT AVEA STOAK AVEANTOINETTE LN Attachment 1 District Boundary MapCity of South San FranciscoProposed Antoinette LaneUtility Underground District 0 250 500125 Feet Legend Utility District Boundary Properties in Utility District Antoinette Lane Rule 20 Underground Utility Project ANTOINETTE LANE RULE 20A UNDERGROUND UTILITY PROJECT AAntntoioinenettttee L Laanene Rul Rulee 20A20A UUndenderrground ground UUttiilliittyy PProjrojeecctt AUGUST 12, 2020 Attachment 2 Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project AGENDA •Project Overview •Cost •Questions Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project PROJECT BOUNDARY MAP Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project PROJECT OVERVIEW •Antoinette Underground Utility District established in July 2017 in accordance with CPUC Rule 20A. •Construct underground trenches, conduits, vaults, and boxes to accommodate PG&E, AT&T, and Comcast facilities. •Convert existing overhead power and communication utilities along the frontage of the planned Community Civic Center Campus and Police Departments to underground. Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project BEFORE Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project PROGRESS PHOTOS Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project PROGRESS PHOTOS CONT. Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project AFTER Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project PROJECT COST Projected Actual Seton Pacific Contract $2,019,667 $2,019,667. Construction Contingency (10%) $201,967 $154,067 Construction Management/Administration $176,029 $247,357 Total Construction Budget $2,397,663 $2,421,091 Final Form B PG&E $1,180,255 AT&T $654,453 Comcast $576,330 Total Reimbursement $2,411,038 Reimbursement By Utilities Construction Cost Antoinette Lane Rule 20A Underground Utility ProjectAntoinette Lane Rule 20A Underground Utility Project Antoinette Lane Rule 20 Underground Utility ProjectAntoinette Lane Rule 20 Underground Utility Project QUESTIONS? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-382 Agenda Date:8/12/2020 Version:1 Item #:7. Report regarding a resolution awarding a construction contract to Redwood Painting Co.Inc.of Pittsburg, California for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase One (Project No.ss1307 &ss1901)in an amount not to exceed $691,195.79,authorizing a total construction budget of $829,435.00,and authorizing the City Manager to execute agreements on behalf of the City. (Brian Schumacker, Plant Superintendent, and Peter Vorametsanti, Engineering Division Consultant) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to Redwood Painting Co.Inc.of Pittsburg,California for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project,Phase One (Project No.ss1307 &ss1901)in an amount not to exceed $691,195.79,authorizing a total construction budget of $829,435.00,and authorizing the City Manager to execute the agreements on behalf of the City. BACKGROUND/DISCUSSION This staff report describes the plant and pump station recoating project,in three sections.Section One discusses the need for the project.Section Two describes the overall phasing of the recoating project,and finally,Section Three discusses awarding Phase One of the recoating project. Section One - Recoating Project Need As previously presented to City Council,WQCP plant management and structural engineers completed a comprehensive condition assessment of the metal assets at the plant and fourteen pump stations in 2016.The condition assessment included over 1,000 individual components,including buildings,structural supports, equipment,electrical boards and wiring,pumps,pipes,valves,and vaults in buildings/process units and pump stations.Staff inspected the assets and evaluated them for their condition,exposure,vulnerability,criticality to operations, and safety. Plant staff worked with structural engineers to rate the overall condition of the metal assets at the plant and pump stations.Recoating projects were then prioritized based on the Metal Corrosion Index Rating System (MCIRS).The MCIRS system uses four levels to rate the condition of industrially coated metal assets.A level one rating indicates a metal asset that does not need recoating.Level two rated assets are in fair condition and require a coating reapplication only.While a level three rating designates metal assets exhibiting layers of corrosion byproduct,known as scaling or foliation.Level three rated assets require the most amount of work to recoat,for instance,abrasive blasting and application of a complete recoating system.Finally,level four rated metal assets may have severe corrosion,usually requiring metal replacement.The metal assets inventoried at the plant and pump stations fell in categories of one through three. On April 24,2019,the South San Francisco City Council voted to invest in an industrial recoating program at the South San Francisco -San Bruno Water Quality Control Plant and associated pump stations.This industrial coatings program will help to improve the longevity of wastewater facilities and prolong the useful life of the City of South San Francisco Printed on 8/7/2020Page 1 of 3 powered by Legistar™ File #:20-382 Agenda Date:8/12/2020 Version:1 Item #:7. metal system components and safeguard critical system safety and reliability. Section Two - Recoating Project Phasing The City retained EKI Environmental (EKI)to develop a multi-year,phased program to recoat Plant and Pump Station facilities.EKI also summarized asset coating by priority (priority one,two,and three)and conducted a workshop with city staff that resulted in identifying a phased,prioritized approach for Plant and Pump Station coatings improvements. The plant and pump station recoating projects will occur in three phases. Section Three - Phase One Contract Award Staff previously advertised for Phase One on February 21,2020.Staff received two bids during the bid opening on April 02,2020.The City rejected the bids because the lowest bid was higher than estimated.Plant management discussed the scope of work with EKI and revised the temporary sludge handling facility portion. Staff re-advertised with the revised scope of work on June 05, 2020, and June 12, 2020. Plant staff and consulting engineers conducted a pre-bid meeting on June 16,2020,with five (5)contractors in attendance.On June 25,2020,staff received two (2)bids in response to the advertisement.The City awards Public Works contracts to the lowest responsible bidder whose bid is responsive to the solicitation (Public Contract Code §20166).Redwood Painting Co.,Inc.of Pittsburg,California,was the lowest responsible bidder for Phase One.Staff verified Redwood Painting's contractor's license with the California State Licensing Board. Redwood Painting's contractor license is valid and in good standing. The following is a summary of the bids received for Phase One: Bid Amount Redwood Painting Co. Inc. of Pittsburg, California $691,195.79 Euro Style Management of N. Highland, California $1,020,642.79 The engineer's estimate of probable cost was $680,642.79 for Phase One.This estimate did not include construction or contract administration contingencies. Staff is recommending a construction contingency of 20%to provide for any additional costs related to design, construction,and contract administration during the construction operations.The construction management and administration brings the total project construction budget to $829,435.00 Revising the scope of work and re-bidding the project saved ratepayers $50,135 (Original low bid of $ 741,330.79 vs. re-bid of $ 691,195.79) There are no Disadvantaged Business Enterprise (DBE)requirements since the City is not using any federal funds on the project. FUNDING Funding for this project exists in the City of South San Francisco FY 2020-21 Capital Improvement Program (CIP) budget. City of South San Francisco Printed on 8/7/2020Page 2 of 3 powered by Legistar™ File #:20-382 Agenda Date:8/12/2020 Version:1 Item #:7. RELATIONSHIP TO THE STRATEGIC PLAN This project adheres to the Strategic Plan. CONCLUSION Staff recommends awarding the construction contract to Redwood Painting Co.Inc.of Pittsburg,California for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project,Phase One.This project will improve the longevity of wastewater infrastructure and prolong the useful life of the system components. Attachments: 1.Vicinity Map 2.Existing Condition 3.Presentation City of South San Francisco Printed on 8/7/2020Page 3 of 3 powered by Legistar™ Attachment -1 Vicinity Map Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project , Phase-1 (Project No. ss1307 & ss1901) Attachment -2 Typical Existing Condition Attachment -2 Typical Existing Condition Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase -1 (Project No. ss1307 & ss1901) Water Quality Control Plant and Pump Station Coating and Corrosion Protection ProjectPhase One 1City Council Meeting, August 12, 2020 2• Project Locations • Need for Project • Bid Process Overview• Staff Recommendation• City Council Questions and Discussion Presentation Overview Project Locations Need for Project Typical Existing Conditions Bid Process Overview• Staff previously advertised for Phase One• The City rejected the bids because the lowest bid was significantly higher thanestimated• Plant management revised the scope for the temporary sludge handling facility• Staff re-advertised with the revised scope of work• Redwood Painting Co. Inc. of Pittsburg, California Lowest bidderRevising the scope of work and re-biding the projectsaved ratepayers$50,135(Original low bid of $ 741,330.79 vs. re-bid of $ 691,195.79) 6Approve a resolution awarding a construction contract to RedwoodPainting Co. Inc. of Pittsburg, California for the Water QualityControl Plant and Pump Station Coating and Corrosion ProtectionProject, Phase One (Project No. ss1307 & ss1901) 7 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-383 Agenda Date:8/12/2020 Version:1 Item #:7a. Resolution awarding a construction contract to Redwood Painting Co.,Inc.of Pittsburg,California for the Water Quality Control Plant And Pump Station Coating and Corrosion Protection Project Phase One,(Project No.ss1307 &ss1901)in an amount not to exceed $691,195.79,and authorizing a total construction budget of $829,435.00, and authorizing the City Manager to execute the construction contract on behalf of the City. WHEREAS,the City of South San Francisco (City)co-owns and operates the South San Francisco/San Bruno Water Quality Control Plant (WQCP),located at 195 Belle Air Road,Pump Stations (9 and 11)and Lindenville storm drainage pump station to provide secondary wastewater treatment for the Cities of South San Francisco and San Bruno; and WHEREAS,the City is investing in a protective coatings program to improve the longevity of aging and degrading wastewater facilities and prolong the useful life of the system components,meet service expectations and regulatory requirements, and safeguard the system’s safety and reliability; and WHEREAS,staff completed an asset inventory to prioritize rehabilitation needs based on the comprehensive condition assessment created by engineers in 2016 and produced a comprehensive condition assessment of the facilities; and WHEREAS,the City engaged EKI Environmental &Water.Inc.to help structure a multi-year,phased program to coat Plant and Pump Station facilities; and WHEREAS,staff advertised a Notice Inviting Bids for Phase I of the plan and pump station facilities coating project on June 5, 2020 & June 12, 2020; and WHEREAS, on June 25, 2020, staff received two (2) bids in response; and WHEREAS,Public Works contracts are ordinarily awarded to the lowest responsible bidder whose bid is responsive to the solicitation per Public Contract Code §20166; and WHEREAS,the lowest responsible bidder was Redwood Painting Co.,Inc.of Pittsburg,California with a bid amount of $691,195.79; and City of South San Francisco Printed on 8/13/2020Page 1 of 2 powered by Legistar™ File #:20-383 Agenda Date:8/12/2020 Version:1 Item #:7a. WHEREAS,a construction contingency of 20%($138.239.21)will be used for any additional costs related to design or construction method changes during the construction operations; and WHEREAS, this project is funded by the City’s Sewer Fund; and WHEREAS,the project is included in the City of South San Francisco’s FY 2020-21 Capital Improvement Program (Project No. ss1307 & 1901) with sufficient funds budgeted to cover the project cost. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract,a draft of which is attached hereto as Exhibit A,attached hereto and incorporated herein,for the Water Quality Control Plant Coating and Corrosion protection Project Phase One to Redwood Painting Co.,Inc.of Pittsburg,California,in an amount not to exceed $691,195.79, conditioned on Redwood Painting’s timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement,in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes a total Project construction budget of $829,435.00 and authorizes the City Manager to utilize the unspent amount of the total project budget,if necessary,towards additional construction contingency and construction management and administration budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Project contract in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by Redwood Painting Co.,Inc.of the signed contract and all other documents,subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other required actions consistent with the intent of this resolution that do not materially increase the City’s obligations. ***** City of South San Francisco Printed on 8/13/2020Page 2 of 2 powered by Legistar™ Exhibit A Draft Construction Contract CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS TABLE OF CONTENTS Page No. 1. Scope of Work A-1 2. The Contract Documents A-1 3. Equipment - Performance of Work A-2 4. Contract Price A-2 5. Rights of City to Increase Working Days A-2 6. Option of City to Terminate Agreement in Event of Failure to Complete Work A-2 7. Termination of Contract for Convenience A-3 8. Performance by Sureties A-5 9. Hold-Harmless Agreement and Contractor's Insurance A-6 10. Insurance A-6 11. Proof of Carriage of Insurance A-7 12. Provisions Cumulative A-8 13. Notices A-8 14. Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention Page A-1 of 12 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and Redwood Painting Co. Inc., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the WATER QUALITY CONTROL PLANT AND PUMP STATION COATING AND CORRISION PROTICTION PROJECT PHASE -1 in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete Contract consists of the following documents: (A) Notice Inviting Bids (B) Part I – Submitted Proposal (as accepted) (C) This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D) Part II – General Conditions 1. 1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Page A-2 of 9 (E) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications dated 2018, sections 10-99, as revised in Revised Standard Specifications (RSS) April 20, 2018 (F) Part IV – Project Plans, approved May, 2020 (G) Administrative subsections of the State Standard Specifications dated 2018, as specifically referenced in contract Parts I-IV and as revised in RSS dated April 20, 2018 All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: WQCP AND PUMP STATION COATING AND CORRISION PROTICTION PROJECT PHASE -1 PROJECT NO. ss1307&ss1901, BID NO. 2637 The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of __________________________________ ($). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. Page A-3 of 9 6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII- 17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. Page A-4 of 9 (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX- 2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: Page A-5 of 9 (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall Page A-6 of 9 have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B) Comprehensive General Liability Insurance. Page A-7 of 9 Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including Page A-8 of 9 additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _____________________________________________________________________________________ 14. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. Page A-9 of 9 IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve (12) pages (being pages A-1 through A-12), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Mike Futrell, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-506 Agenda Date:8/12/2020 Version:1 Item #:8. Report regarding a resolution approving an Outside Sewer Service Agreement with the owner of 413 Alida Way (APN 013-141-020),and authorizing the City Manager to execute the agreement for recordation.(Jason Hallare, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving an Outside Sewer Service Agreement with the owner of a residential property at 413 Alida Way (APN 013-141-020),and authorizing the City Manager to sign the agreement on behalf of the City of South San Francisco and to record the agreement in the San Mateo County official records. BACKGROUND/DISCUSSION: The City has received a request from Wayne Lin on behalf of Navdeep Bhakhri,owner of the residence,to authorize a second residential building and sewer flow increase from the property to the City of South San Francisco’s sanitary sewer system.The proposal before the City Council is for the City to authorize the requested sewer connections subject to the terms and conditions in the agreements and to authorize the execution of said agreements. Location The property is located within the unincorporated portion of San Mateo County (“County”),commonly known as Country Club Park.The Property is within the City’s Sphere of Influence.There are approximately 56 parcels within this unincorporated area which fall under the jurisdiction of the County,see Attachment 1 for a map.Country Club Park is designated low density residential in the San Mateo County general plan and is zoned R-E (Rural Estates)in the County’s code,which requires ¾acre per lot and allows certain large animals, such as horses and llamas.Homes in the area typically lack sidewalks,curb,and gutter.With a few exceptions, these properties utilize septic systems and are not connected to the City’s sewer system or any other sewer system.This creates potential public health problems such as lack of accessible street frontage,aging and overloading septic tanks and leaving residents without effective sewer service. Property and Permit History The property currently has had an existing sewer connection along Alida Way dating back to 1961 when the property owner had financially contributed to expanding the sanitary sewer main along Alida Way.Along with the original sewer connection,the property owner had agreed to annex into the City if requested within a one year time limit. That annexation time limit has since expired. In 1989,the property owner applied to the Planning Commission to rezone the parcel from low-density residential to high-density residential in anticipation of an annexation request.The Planning Commission denied the request. In 1994,the property owner applied for a second sewer connection along Alida Way to support a second residential building.Staff reviewed and recommended approval of the request to issue a sewer permit with a 36 -month expiration time limit. However, the property owner did not go to construction and the permit expired. City of South San Francisco Printed on 8/7/2020Page 1 of 4 powered by Legistar™ File #:20-506 Agenda Date:8/12/2020 Version:1 Item #:8. The property now proposes to construct a second 2-story residential building that will connect to the parcel’s existing sewer lateral increasing the flow generated by the property.Since the new construction exceeds the flow of the existing condition as allowed in 1961,the increase of sewer flow is subject to the condition that an Outside Sewer Service Agreement be executed.Staff has reviewed the proposal and recommends proceeding with the Outside Sewer Service Agreement. Outside Sewer Service Agreement In order to help residents of the Country Club Park area eliminate obsolete septic systems and move forward with property improvements prior to annexation of that area to the City,the City has entered into Outside Sewer Service Agreements with several property owners in this area to permit them to connect to the City’s sewer system.Over the years,the City has identified several significant concerns regarding allowing properties outside of the City’s jurisdictional boundaries to connect to its sewer system, which are: ·Property owner,as they are located outside the City’s boundaries,may potentially object to annexation or oppose the City’s efforts to explore annexation of their property area; ·The property owner must be required to pay the full cost of a sewer line extension; ·Property owners must agree to pay the cost of upgrading their property to include sidewalk,curb,and gutter either at the time the connection is made,or in the future if annexation of the area occurs,in order to bring the public facilities serving their property up to the City’s standards; and ·Property owners must share equitably in the future costs associated with providing sewer service for the larger unincorporated area. An outside sewer service agreement has been prepared to address these concerns as outlined below.The City Attorney’s Office has prepared an Outside Sewer Service Agreement for the property at 413 Alida Way, attached to the accompanying resolution as Exhibit A.The proposed agreement will be executed with the property owner Navdeep Bhakhri,and the terms of the agreement have been reviewed and accepted by them. The agreement will also be recorded against the property and bind subsequent property owners to comply with the same terms. The agreement provides that the property and its owner will be bound by the following provisions: 1.Owner consents to future annexation and waives any right to protest such annexation of this property to the City, if and when this occurs; 2.Owner agrees to pay a pro rata share of any future area-wide sewer improvements within the County Club Park subdivision associated with providing wastewater service to this area which intends to proportionately allocate the costs of future area-wide sewer improvements based on the sewer flow on those improvements from the property; 3.Upon future annexation,or sooner,the owner shall upgrade the streetscape for their property to the City’s standards.This cost is currently estimated at $47,968 and the Owner may either construct the upgraded streetscape pursuant to a Deferred Improvement Agreement (attached to the Outside Services Agreement as an exhibit), or pay the public improvements cost for the construction of the upgrades; 4.Owner agrees to pay a one-time sewer capacity fee of $5,010.97; 5.Owner agrees to continue paying a yearly sewer service charge of $739; 6.Owner will make a deposit of $1,655 toward an administrative fee of to reimburse the City for staff time to review, process and prepare the application and agreement; City of South San Francisco Printed on 8/7/2020Page 2 of 4 powered by Legistar™ File #:20-506 Agenda Date:8/12/2020 Version:1 Item #:8. 7.Agreement will bind future owners of the property and will be recorded in the County records; 8.Owner agrees that all future development conforms to the relevant height,aircraft noise,and safety policies and compatibility criteria contained in the most recently adopted version of the San Mateo County Comprehensive Airport Land Use Plan for the environs of San Francisco International Airport. Typically,changes to the provision of public services in unincorporated areas would be under the jurisdiction of the San Mateo Local Agency Formation Commission (LAFCo);however,since the property has an existing sewer connection from 1961 prior to LAFCo’s formation, LAFCo approval is not required. Staff notes that the City’s General Plan has a policy that Country Club Park should be annexed into the City. Because of piecemeal annexations in the past and the difficulty in providing service and requiring improvements,another policy provides that no portion of the area should be annexed unless the entire area is annexed.Annexation of this area has not occurred since the current General Plan was approved in 2001. Depending upon specific circumstances,the owners of properties on septic systems may not be able to obtain permits from the County to expand or tear down and replace homes unless they can connect to a sanitary sewer system,leaving these owners unable to significantly improve their properties.Given the changing conditions related to aging septic systems,housing demands,sewer capacity,provision of city services,and population growth,staff will move forward to further study and re-evaluate the annexation policy during the current General Plan renewal process. It is important to note that this application is not for annexation;it only grants permission to increase the property’s sewer flow to the City’s sanitary sewer system.Other properties in the interior of the area are not near existing sewer lines; to extend sewer lines to these homes is a much more expensive proposition. CEQA: Sewer extensions are generally categorically exempt from CEQA pursuant to Section 15302,Class 2(c), Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.Furthermore,Section 15303,Class 3(d),allows “water main,sewage,electrical,gas and other utility extensions,including street improvements,of reasonable length to serve such construction”,which would include “construction and location of limited numbers of new,small facilities or structures”.Thus,the proposed sewer flow increase likely is exempt under these provisions as well.Here,since the subject property is located outside South San Francisco’s jurisdiction,the proposed construction and development on these lots will be required to obtain planning permits from San Mateo County and comply with San Mateo County Planning requirements.As the lead agency,the County will be responsible for further evaluating future development of these lots,including determining compliance with California Environmental Quality Act (CEQA) regulations. FISCAL IMPACT: Pursuant to the terms of the agreement,City staff time will be fully compensated by the property owner- applicants through payment to the City of a $1,655 administrative fee.Annual revenue of approximately $739 per year from each property will be generated for the Sewer Fund. RELATIONSHIP TO STRATEGIC PLAN This action furthers the initiative of Community Connections by enabling these owners to develop their properties and one day to become residents of South San Francisco when the area is annexed in the future. City of South San Francisco Printed on 8/7/2020Page 3 of 4 powered by Legistar™ File #:20-506 Agenda Date:8/12/2020 Version:1 Item #:8. CONCLUSION By adopting resolution to approve an Outside Sewer Service Agreement with Navdeep Bhakhri for an increased flow into the City’s sewer system at 413 Alida Way in the unincorporated Country Club Park area,the owner would be able to obtain building permits from the County of San Mateo to construct the second residential building.This action will also secure the owners’agreement not to oppose future annexation.Staff recommends the Council approve the agreement. Attachments: 1.Vicinity Map 2.Site Plan 413 Alida Way 3.Presentation City of South San Francisco Printed on 8/7/2020Page 4 of 4 powered by Legistar™ A LT A V IS T A D R H A Z E LW O O D D R N O R T H W O O D D R AL I DA WYW ILD W O O D D R M ANOR DRAVALON DR C O U N T R Y C LU B D R BRENTW OOD DREL CAMI NO REAL DORADO WYPONDER O S A R D PI NEHURST WYEL CORTEZ AVERAMONA AVEPI SA CTMAYWOOD WYC A S TILE W Y SPRINGWOOD WAYBL ONDI N WYT A Y LO R D R MOSSWOOD WYKENWOOD WYDANA CT2 0 1201 2 0 0200 2 0 2202 2 0 9209210210 2 1 7217 2 2 2222 2 2 9229226226 2 3 3233241241 2 3 6236 2 4 9249 2 4 8248 2 5 9259 2 5 2252 2 6 3263 2 6 2262 2 7 1271 2 7 0270280280 2 8 5285 2 8 8288 2 8 9289297297 3 0 0300 3 1 2312 3 0 5305 3 4 1341353353 3 5 0350 2 9 6296 2 6 4264 2 5 4254 2 3 8238 2 2 6226 2 2 2222 2 2 2222 2 0 8208 2 0 5205 2 1 7217219219 2 2 3223 2 3 5235 2 3 7237 2 4 5245 2 5 7257 2 5 5255265265275275281281 3 8 6386 3 8 2382 3 6 6366 3 5 4354 3 7 5375 3 8 5385 4 1 3413 3 4 0340 2 8 0280 2 0 9209 2 9 9299 .0 500 1,000250Feet HOUSE GARAGE EX. BUILDING UTILITY GENERAL NOTES: G LEGEND E UTILITY NOTES 1900 S. NORFOLK ST. SUITE #350SAN MATEO, CA 94403SCALE VERTICAL: 1"= AS SHOWN HORIZONTAL: 1"= AS SHOWN SHEET OF 5 [email protected]: DRAWN: DESIGNED: DATE: JOB NO.:20200023 HCL HCL HCL 05/25/2020BHAKHRI RESIDENCE413 ALIDA WAYSOUTH SAN FRANCISCO, CA 94080C2 2 UTILITY PLAN 413 Alida Way Outside Sewer Service August 12, 2020 Local Agency Formation Commission (LAFCo) AGENDA Outside Services Background Outside Service Agreement Conditions Country Club Park Neighborhood Project Description 2 Local Agency Formation Commission Jurisdiction over unincorporated properties for new services only. Requires consent to future annexation for service. Requires properties contiguous with the City to annex for service. Outside Services Background 3 South San Francisco Able to provide sewer services outside of the City’s jurisdiction. Requires Owner to enter an Outside Service Agreement and consent to future annexation. Requires Owner to upgrade the street if annexed. Outside Service Agreement 4 OSA Conditions Consent to future annexation if City requests. Pay pro-rata share of future area-wide sewer improvements in CCP. Upon annexation, upgrade frontage street and sidewalks to current City Standards Pay annual sewer fees included with property taxes. Pay one-time sewer capacity fee and OSA fees. Comply with current SFO building requirements for any future development. Country Club Park Neighborhood 5 413 Alida Way Project 6 7 Questions? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-507 Agenda Date:8/12/2020 Version:1 Item #:8a. Resolution approving an Outside Sewer Service Agreement with the property owner of 413 Alida Way (APN # 013-141-020), and authorizing the City Manager to execute the agreement for recordation. WHEREAS,the City has received a request from Navdeep Bhakhri,owner of 2-story single family residence at 413 Alida Way (APN 013-141-020)(the “property”),to authorize a sewer flow increase from the property to the City of South San Francisco’s (“City”) sanitary sewer system; and WHEREAS,the property is located within the unincorporated portion of San Mateo County (“County”), commonly known as the Country Club Park subdivision,which is outside the jurisdictional boundaries of the City but inside the City’s sphere of influence; and WHEREAS,in order to assist residents of the County Club Park area eliminate obsolete septic systems and move forward with related property improvements prior to annexation of the area to the City,the City has entered into several outside sewer service agreements with various property owners in this area to permit them to connect to the City’s sewer system subject to certain conditions of cost-sharing,infrastructure construction and consent to future annexation; and WHEREAS,the property currently receives sewer service from the City pursuant to a City Council approval in 1961; and WHEREAS,the owner desires to develop the parcel by constructing a second 2-story single family residence, which would exceed the previously permitted sewer flow under the 1961 approval; and WHEREAS,the City is agreeable to permit the increase of sewer flow resulting from the proposed development,subject to the condition that an Outside Sewer Service Agreement be executed between the City and the property owner and recorded against the property; and WHEREAS,the Outside Sewer Service Agreement (“Agreement”),attached hereto and incorporated herein as Exhibit A,addresses issues relating to extending sewer service to unincorporated County area such as waiving future protests against proposed annexation,payment of sewer connection and service fees,cost-share of public improvements and additional sewer facilities needed to serve the area,and construction and maintenance of a sewer lateral for the property; and WHEREAS,the Agreement has been reviewed and accepted by the property owner,and upon execution would be recorded with the San Mateo County Recorder’s office; and WHEREAS,staff recommends approval of the Agreement to be executed with the property owner of 413 Alida Way (APN 013-141-020). City of South San Francisco Printed on 12/15/2020Page 1 of 2 powered by Legistar™ File #:20-507 Agenda Date:8/12/2020 Version:1 Item #:8a. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves an Outside Sewer Service Agreement,attached hereto and incorporated herein as Exhibit A, to be executed with the property owner at 413 Alida Way (APN 013-141-020). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement in substantially the same form as that attached in Exhibit A on behalf of the City of South San Francisco,and to make minor amendments and modifications thereto that do not substantially alter the terms of the agreement or increase the City’s obligations,subject to approval by the City Attorney,and to record the agreement in the San Mateo County official records upon execution. BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and adoption. ***** City of South San Francisco Printed on 12/15/2020Page 2 of 2 powered by Legistar™ 3498640.1 Recorded at the Request of, and Return to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 With a copy to: San Mateo LAFCo 455 County Center, 2nd Floor Redwood City, CA 94063 Exempt from Recording Fees per G.C. secs. 6103, 27383 Re: APN: _013-141-020__ OUTSIDE SEWER SERVICE AGREEMENT RECITALS WHEREAS, the City of South San Francisco, California, a municipal corporation (“City”) owns and operates public sewer facilities within its boundaries; and, WHEREAS, _Navdeep Bhakhri and Poonam Bhakhri_ (“Owner”) are the owners of property located at _413 Alida Way, South San Francisco,_ County of San Mateo (“Parcel”), which property is outside the boundaries of the City and is therefore not entitled to connect to or use City’s sewer facilities, but is within the City’s Sphere of Influence as defined under state law; and, WHEREAS, the property is identified as APN _013-141-020_ by the San Mateo County Assessor; and, WHEREAS, Owner desires the Parcel to receive sewer services from the City; and, WHEREAS, City has agreed to allow such sewer connection and provide sewer services subject to the terms and conditions of this Outside Sewer Services Agreement (“Agreement”); and WHEREAS, on _____________________, the City Council of the City adopted a Resolution approving this Agreement which would enable the application to the San Mateo Local Agency Commission (LAFCo) requesting approval for extension of sewer services to the Parcel pursuant to Government Code Section 56133; and WHEREAS, on __________, Owner has submitted such application to the San Mateo LAFCo requesting approval for receiving sewer services from the City; and 3498640.1 WHEREAS, as a condition to said sewer service connection, LAFCo has required the Owner to evidence consent to annexation to the City and waiver of protest to such annexation in the event the Parcel were to be proposed for annexation to the City; and WHEREAS, Owner desires to evidence such consent and waiver as aforesaid; and WHEREAS, Owner understands that any future annexation to the City is subject to any and all City rights and determinations, whether legislative, quasi-judicial, administrative, or however characterized, with respect to any proposed annexation of the Parcel to the City. Now, therefore, City and Owner agree as follows: AGREEMENT Owner is hereby authorized to connect to City’s sewer line, located within the right of way running along __Alida Way__, subject to the following conditions: 1. Consent to Future Annexation. In the event the Parcel shall be proposed for annexation to the City, Owner hereby consents to said annexation, and hereby waives Owner’s rights to protest such annexation pursuant to the provisions of law governing such annexations. a. Taxes or Other Charges. In the event annexation of the Parcel to the City shall be duly approved by all agencies having jurisdiction thereof, Owner agrees that the Parcel shall be subject to any and all general, special, extraordinary, or additional taxes or assessments, or any and all general, special extraordinary, or additional service charges, fees, or rates, levied against, imposed upon, or otherwise pertaining to the Parcel by any and all agencies, including the City, having jurisdiction thereof in the same fashion as other like property located within the territorial limits of the City. 2. Improvements in the Event of Annexation. If a request for annexation is approved by the San Mateo Local Agency Commission (“LAFCo”) the Parcel is annexed to the City of South San Francisco, Owner, on behalf of themselves, their successors and assigns, agrees to comply with either of the following conditions: a. Design and construct public improvements including sidewalk, curb and gutter improvements for the Parcel. Accordingly, Owner shall, upon the request of City an in a form provided by the City, execute a subsequent Deferred Improvement Agreement guaranteeing the construction of such public improvements and compliance with other permitting, security, and regulatory requirements for constructing the improvements. A form Deferred Improvement Agreement template is attached to this Agreement as Exhibit A and incorporated herein by this reference; or alternatively, b. Pay for the design and construction of public improvements including sidewalk, curb and gutter improvements for the Parcel, by paying a one-time charge, hereafter called a “public improvements fee,” for the purpose of funding construction of said improvements from the property to the centerline of the street or roadway, covering one-half of the street or roadway. The public improvements fee shall be a figure 3498640.1 representing the cost of constructing such improvements from the property to the centerline of the street or roadway. Thus, as an example only, if the cost for constructing a sidewalk, driveways, curbs, gutters, two-inch grind overlay to the centerline, design costs, and contingency for a property is estimated to be $160 per foot, for a parcel that has 100 the cost of constructing said improvements would be approximately $16,000. 3. Owner, on behalf of themselves, their administrators, heirs, assigns, and transferees, agrees to pay a pro-rata share of construction of new sewer facilities installed, owned and operated by City, if the City secures the funding for such facilities, for the purpose of providing sewer service to the area, including the Parcel, known as _413 Alida Way_. a. Accordingly, Owner agrees to participate in an assessment district to fund construction of new sewer facilities serving the Parcel, or b. Alternatively, pay a one-time charge, hereinafter referred to as the “frontage fee”, for the purpose of funding construction of said new facilities. The frontage fee shall be a figure representing one-half of the cost of said improvements, apportioned to each parcel served in a pro rata fashion, and then applied to individual parcels according to the amount of each parcel’s frontage to the City’s facilities, measured in lineal feet. Thus, as an example only, if the frontage fee were established in the amount of $244 per foot, a parcel that has 100 feet of frontage will pay $24,400. 4. Owner shall, where a sewer lateral does not exist to serve the property directly, construct the sewer lateral at their sole cost and expense. Owner shall obtain all applicable permits, including any construction and encroachment permits, prior to commencing construction. All work shall be in accordance with plans and specifications approved by the City, and Owner shall reimburse the City for all costs of engineering and inspection incurred by the City for the sewer lateral extension. In addition, Owner shall obtain a permit from the City to connect to the sewer lateral and shall pay all applicable permit charges prior to beginning any on-site construction. Further, Owner shall be responsible for the maintenance, repair and replacement of the sewer lateral. 5. Owner agrees to pay a one-time sewer connection fee and sewer services fee as follows: a. Owner will be charged, and shall pay, (1) a one-time sewer connection fee; and (2) an annual sewer service charge, both under then-applicable schedules of rates and charges, as may be amended from time to time. b. Should Owner fail or refuse to pay the sanitary sewer charges required herein on or before the due date, the City may elect to collect said charges by commencement of a suit within 30 days after demand for payment and Owner shall pay all costs of the suite and reasonable attorney’s fees incurred therewith. As an alternative remedy, the City may require Owner to disconnect from the City’s sanitary sewer system at Owner’s sole cost and expense. 6. The sewer connection and subsequent service provided under this Agreement is limited to existing legal lots of record as of _____________________, or lots existing on the Parcel as of 3498640.1 the date of this Agreement, whichever is fewer. City is under no obligation to provide additional hookups or service to subsequently created lots on the Parcel. This requirement is not intended to prohibit a lot line adjustment, so long as it does not result in creation of lots exceeding in number the lots which existed on the Parcel on _____________________, or lots existing on the Parcel as of the date of this Agreement, whichever is fewer. 7. The Owner shall pay for all City costs in connection with preparing and processing this Agreement, and with processing the Owner’s application for sewer services. The Owner shall submit payment with the City for $1,655. 8. Owner shall conform to the current City standards for sewer lateral construction, maintenance and inspection including those set forth under South San Francisco Municipal Code Chapter 14.14, most currently in effect and as may be amended from time to time, between the City main and the Parcel. Owner shall be responsible for the costs necessary to perform any inspections, testing, repairs, reconstruction, replacement, and/or clean out installation as required by the City Engineer to conform the sewer lateral to current City standards. 9. For all future developments and constructions on the Parcel, Owner agrees to conform to the relevant height, aircraft noise, and safety policies and compatibility criteria contained in the most recently adopted version of the San Mateo County Comprehensive Airport Land Use Plan for the environs of San Francisco International Airport. 10. Owner shall and does hereby agree to hold the City, its officers, agents and employees free and harmless from any claim or action arising out of this Agreement, and the said connection to the City’s sanitary system and/or the connection into the City’s sanitary sewer system, and owner shall and does hereby agree to defend any or all such claims and actions and to indemnify the City for any losses sustained as a result thereof. 11. The parties hereto acknowledge that this Agreement is subject to approval by LAFCo, and shall not be effective absent such approval. Owner agrees to prepare all necessary application materials, and to pay all required fees, in connection with City’s application to LAFCo for approval of this Agreement. If LAFCo agrees that their approval is not required, owner shall provide a letter from LAFCo indicating this. 12. The covenants and conditions contained in this Agreement shall inure to the benefit of and bind the respective parties hereto and their successors, heirs, assigns, and transferees, and all covenants shall apply to and run with the land. 13. City and Owner agree that a copy of this Agreement shall be recorded with the County recorder of San Mateo County to give constructive notice of its terms, and that this Agreement shall not be effective until such recording. 14. This Agreement represents the final expression of the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 3498640.1 15. CAPTIONS. Paragraph headings as used herein are for convenience only, and shall not be deemed to affect the meaning or intent of the paragraph headed thereby. IN WITNESS WHEREOF, the parties have executed this Agreement, as of the date set forth below. CITY OF SOUTH SAN FRANCISCO ___________________________________ Charles Michael Futrell, City Manager ATTEST ___________________________________ Rosa Acosta, City Clerk APPROVED AS TO FORM ___________________________________ City Attorney PROPERTY OWNER(S) ____________________________________ (signature) ______________________, Property Owner (printed name) ____________________________________ (signature) ______________________, Property Owner (printed name) Recorded at the Request of, and Return to: Exempt from Recording Fees per G.C. secs. 6103, 27383 Re: APN: ____________________________ DEFERRED IMPROVEMENT AGREEMENT FOR OUTSIDE SEWER SERVICES This Deferred Improvement Agreement (“Agreement”) is made and entered into this ________ day of ______________, 2019 (“Effective Date”), by and between City of South San Francisco (hereinafter the "City"), and______________ (hereinafter "Owner"). The City and the Owner are collectively referred to herein as the “Parties.” R E C I T A L S A.Owner owns certain real property located in the City of South San Francisco, County of San Mateo, State of California, commonly referred to as APN: _______________. The parcel is hereinafter referred to as the “Subject Property”. B.The Subject Property is outside the boundaries of the City and is therefore not entitled to connect to or use City’s sewer facilities, but it is within the City’s sphere of influence as defined by state law. C.The Owner desires to utilize the Subject Property’s existing sewer connection in order to receive sewer services from the City, and the City and Owner have executed an Outside Sewer Service Agreement, attached hereto and incorporated as Exhibit A. D.A condition pursuant to the Outside Sewer Service Agreement for the Subject Property require the Owner to complete the following public improvements: _________________________________________________________________________ (hereinafter the “Improvements”) upon annexation of the Subject Property to the City. Owner shall be responsible for the cost of designing and constructing the Improvements when requested by the City as outlined in Section 2 below. E.City requires Owner to enter into this Agreement to ensure that the Improvements shall be designed and constructed by Owner pursuant to the terms hereof upon annexation of the Subject Property to the City. City also requires Owner to obtain all EXHIBIT A necessary permits for access and construction of the Improvements, and to enter into any other necessary agreements to allow for the construction of the Improvements. F. Owner is willing to enter into this Agreement to design and construct the Improvements at a later date upon annexation of the Subject Property to the City, and under the terms and conditions set forth herein. A G R E E M E N T NOW, THEREFORE, BE IT AGREED as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated into this Agreement by this reference. 2. IMPROVEMENTS TO BE CONSTRUCTED. Owner agrees to design and construct or cause to be constructed the Improvements outlined in Recital D above. The Improvements shall conform to all applicable local, state and federal laws, and standards in effect at the time of construction, and shall be completed in a manner satisfactory to the City Manager or designee. 3. TIME OF CONSTRUCTION. Owner’s obligation to design and construct or cause to be constructed the Improvements shall commence upon a request for annexation is approved by the San Mateo Local Agency Commission (“LAFCO”) and the Subject Property is annexed to the City of South San Francisco. Upon annexation of the Subject Property, Owner shall design and construct or cause to be constructed the Improvements within the time set forth in a written demand from the City Manager or designee, who shall have the sole and exclusive right and power to determine the date at which construction of the Improvements shall commence and be completed; provided, however, that Owner shall be given at least _____ days after notification to complete the work. 4. COST OF CONSTRUCTION. The Improvements shall be designed and constructed at the sole cost and expense of Owner, and Owner shall pay such connection, inspection, and other fees as shall at the time be required by any ordinance and resolutions of the City. The total estimated cost of construction is _______________ ($______________), which includes costs of constructing the Improvements and for inspection, testing, permits, and City administration. 5. APPROVAL BY THE CITY. All work required under this Agreement shall be subject to inspection by the City and shall not be deemed complete until the City has indicated in writing that the Improvements have been completed in a satisfactory manner and in accord with all applicable local, state, and federal standards then in effect. Notwithstanding the foregoing, City inspection, approval or acceptance of the Improvements shall not relieve the Owner of its obligations to fulfill this Agreement as provided herein, nor shall the City be estopped from bringing any action for damages arising from Owner’s failure to comply with the terms and conditions of this Agreement. 6. ONE YEAR REPAIR AND WARRANTY PERIOD. For a period of one year from the date the City approves the completed Improvements, Owner agrees to maintain the Improvements and repair any defects or unsatisfactory work to the reasonable satisfaction of the City Engineer. The City shall provide written notice of any repair or correction work which, in the reasonable opinion of the City Engineer, must be completed. If within the one- year period Owner fails, refuses or neglects to complete any such repairs or corrections within 30 days of receipt mailing by Owner of written notice from the City, or such reasonably longer period if the repair or correction work cannot be reasonably completed within such 30 day period, the City may complete the work and recover the reasonable cost and expense of doing so from Owner, including proceeding against the security posted by Owner as required in section 6 below. 7. SECURITY a. Owner will be required, prior to commencing construction of the Improvements and at the sole discretion of City, to execute and deliver to City the following bonds: (1) Faithful Performance Bond. Owner shall submit a corporate surety bond in the amount of 100% of the total estimated cost of construction of the Improvements indicated in Section 3, guaranteeing the faithful performance of this Agreement. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. Any additions, alterations or modifications to this Agreement or the plans and specifications including any extension of time within which the Improvements may be completed, shall not release or exonerate the surety(ies) on the bond. (2) Labor and Materials Bond. Owner shall submit a corporate surety bond in the amount of 100% of the total estimated cost of construction of the Improvements as indicated in Section 3, guaranteeing the payment of all persons for labor or materials furnished in the construction of the Improvements. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. (3) Maintenance Bond. Before the City’s acceptance of the Improvements, Owner shall deposit with the City either cash or an acceptable corporate surety bond in the amount of 50% of the estimated cost of construction of the Improvements indicated in Section 3, as security for maintenance of the Improvements and to guarantee the Improvements against any defective work or labor done, or defective materials used in the work. b. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys’ fees, incurred by the City in enforcing the obligations secured. 8. OWNER'S WARRANTY. The undersigned warrants to City that Owner is the sole titleholder to the Subject Property, and that the signatory is authorized to execute this Agreement on behalf of the Owner. 9. ENCROACHMENT PERMIT; OTHER PERMISSIONS; PREVAILING WAGES. a. Encroachment permit. For any work done in the public right-of-way, Owner shall obtain an encroachment permit from the City and shall, at its sole cost, furnish the City with the required certificates of insurance and endorsements for review and approval by the City before the start of any work, and shall maintain insurance throughout the duration of the Agreement. Owner will obtain any and all other permits that may be required to complete the Improvements, including, but not limited to, permits from __________________. b. Prevailing wages. If it is determined that Owner is required to pay prevailing wages for the work performed under this Agreement, the Owner shall pay all penalties and wages as required by law. 10. HOLD HARMLESS. To the fullest extent permitted by law, Owner shall hold harmless and, upon request, promptly and fully protect, defend and indemnify City and its officers, agents, and employees from any liability or claims, including any actions at law or equity, for personal injury, including death, to any person or damage to any property arising out of the acts or omissions of Owner or of any officer, agent or employee of Owner or any contractor or subcontractor of Owner during (i) the construction or subsequent use of the Improvements, or (ii) caused in whole or in part by any activity authorized or required by this Agreement, or the performance or nonperformance of the work. 11. DEFAULT. a. Owner shall be deemed to be in default of this Agreement if Owner or any officer, agent or employee of Owner fails to comply with any of the provisions of this Agreement and to remedy such failure within ten (10) calendar days of receipt of written notice from City specifying the nature of such failure. The determination as to whether such default has occurred shall be made by the City Manager or designee. b. If the default relates to a failure of Owner to complete the Improvements in accordance with the terms of this Agreement, City may, after first giving the Owner at least ten (10) days prior written notice of its intent to do so, elect to construct or arrange for the construction of the Improvements on behalf of and at the expense of Owner. Should City elect this option, City shall be entitled to recover from Owner the actual cost to City of completing the Improvements, plus an administrative fee of 5% of the actual cost. City shall make a written demand for such costs and fee on or after the time the Improvements are deemed complete. In the event Owner fails to pay the costs and fee so demanded within ten (10) days of receipt of the demand, the amount of the costs and fee shall become a personal obligation of the Owner and a lien against the Subject Property. City may enforce such a lien by judicial foreclosure or any other proceeding authorized by law. If the Subject Property is subdivided at the time the lien is imposed, the amount of the lien shall be divided proportionately among the various parcels. c. In the event that City serves a notice of default upon Owner’s surety, Owner’s surety shall have the duty to take over and complete the Improvements herein specified; provided, however, that if the surety, within five (5) days after such notice by City fails to provide City with a written acknowledgment that the surety will take over and complete such Improvements, then by further written notice to the surety by City, City may elect to take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of the Owner and Owner's surety. Owner and Owner's surety shall be liable to the City for any cost or damages occasioned City thereby, including those costs and reasonable expenses including attorneys’ fees; and in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plans and other property belonging to Owner as may be on the site of the work and necessary therefore. 12. ATTORNEY FEES. Should it become necessary for either party hereto to institute legal action against the other to enforce any part of this Agreement or any lien arising thereunder, all reasonable costs and expenses incurred by the prevailing party in successfully enforcing this Agreement or lien shall be paid by the non-prevailing party, including reasonable attorney fees. All such costs, expenses and fees shall be taxed as costs and included in any judgment rendered, and may also become a lien on the Subject Property. 13. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. The provisions of this Agreement are for the benefit of the Subject Property as well as for the protection of the health, safety, and welfare of the residents of the City. For this reason, such provisions are intended to bind, and shall bind the heirs, executors, administrators, grantees and any other assignees or successors in interest of the Owner; and any burden imposed by such provisions shall run with the Subject Property. 14. RECORDATION. Immediately following execution, this Agreement shall be recorded by City in the Official Records of the County Recorder of the County of San Mateo. 15. NOTICES. All notices given by City to Owner pursuant to Paragraphs 2 and 10 of this Agreement shall be by personal service or sent by certified or registered mail, return receipt requested, with delivery restricted to addressee only. The date of delivery on the return receipt shall be conclusive upon all parties to this Agreement. All other notices, demands, requests, consents, approvals or communications that either party desires or is required by this Agreement to give to the other shall be in writing and either served personally or sent by prepaid, first-class mail. Notice mailed in this manner shall be conclusively deemed communicated within forty-eight (48) hours from time of mailing. Either party may change its address by notifying the other party in writing. Until notification of such change has been received, all notices sent under this Paragraph shall be addressed as follows: Owner: xxx Attn: xxx xxx xxx City: City of South San Francisco Attn: xxx xxx 16. INTERPRETATION. The parties agree that they have carefully reviewed this Agreement, have consulted independent counsel if they saw fit or have independently elected not to do so. The doctrine that any ambiguities in a contract are to be resolved against the drafting party, shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. This Agreement shall be interpreted and construed according to the domestic laws of the State of California, without regard to the choice of law doctrine. 17. SEVERABILITY. If any part, term, or provision of this Agreement is held by any court to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 18. MODIFICATION. This Agreement may be modified or amended only with the prior written consent of the parties, or their successors in interest. Such modifications and amendments shall be executed with the same formality as this Agreement, shall be recorded, and shall be interpreted as provided in this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective on the date of execution, which shall be deemed to be the date first written above. 20. QUITCLAIM DEED. Upon performance of Owner’s obligations under this Agreement, City agrees, if requested by Owner, to execute, acknowledge and deliver a quitclaim deed to Owner within thirty (30) days after performance and to execute, acknowledge and deliver any other documents required by any title company to remove the cloud of this Agreement from the title to the Subject Property. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement on the date hereinafter indicated. [SIGNATURES ON THE FOLLOWING PAGE] CITY ____________________________________ Charles Michael Futrell, City Manager ATTEST ____________________________________ Rosa Acosta, City Clerk APPROVED AS TO FORM ____________________________________ City Attorney Owner ____________________________________ [NAME], Property Owner 3380057.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-493 Agenda Date:8/12/2020 Version:1 Item #:9. City Council to designate a voting delegate and alternate for the League of California Cities Annual Conference and Expo on October 7-9, 2020 (Richard Garbarino, Mayor) City of South San Francisco Printed on 8/7/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-538 Agenda Date:8/12/2020 Version:1 Item #:10. Closed Session: Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mike Futrell, City Manager and Leah Lockhart, Human Resources Director Employee Organization: Executive Management City of South San Francisco Printed on 8/7/2020Page 1 of 1 powered by Legistar™