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2016-07-13 e-packet@7:00
City of South San Francisco P.O. Box 711 South San Francisco, CA Regular Meeting Agenda Wednesday, July 13, 2016 7:00 PM Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council City Council Regular Meeting Agenda July 13, 2016 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. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. 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. MARK ADDIEGO, Mayor PRADEEP GUPTA, Vice Mayor KARYL MATSUMOTO, Councilwoman RICHARD A. GARBARINO, Councilman LIZA NORMANDY, Councilwoman FRANK RISSO, City Treasurer KRISTA MARTINELLI, City Clerk MIKE FUTRELL, City Manager JASON ROSENBERG, City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS 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. City of South San Francisco Page 2 Printed on 7/26/2016 City Council CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW PRESENTATIONS Regular Meeting Agenda 1. Presentation of New Employees. (Kevin M. Sledge, Human Resources Analyst I) 2. Presentation of Pacific Gas and Electric (PG &E) gas transmission pipeline 132 work on Antoinette Lane. (Scott Hart, PG &E Government Relations Representative) PUBLIC COMMENTS For those wishing to address the City Council on any Agenda or non - agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and /or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. COUNCIL COMMENTS /REQUESTS LEGISLATIVE BUSINESS 3. Report regarding amendment of Section 2.60.050 ( "Meetings ") of the South San Francisco Municipal Code to change the regular meeting time for the Parks and Recreation Commission from the fourth Thursday in the month to the third Tuesday in the month. (Sharon Ranals, Director of Parks and Recreation) 3a. Ordinance amending Section 2.60.050 of the South San Francisco Municipal Code to change the regular meeting time for the Parks and Recreation Commission from the fourth Thursday in the month to the third Tuesday of the month. ADMINISTRATIVE BUSINESS July 13, 2016 City of South San Francisco Page 3 Printed on 7/26/2016 City Council Regular Meeting Agenda July 13, 2016 4. Report regarding approval of a professional services agreement between the City of South San Francisco and OpTerra Energy Services for the preparation of an Energy Efficiency Plan. (Marian Lee, Assistant City Manager) 4a. Resolution approving: (1) selection of OpTerra Energy Services for the Energy Efficiency Project and (2) execution of a Professional Services Agreement between the City of South San Francisco and OpTerra Energy Services for the preparation of an Energy Efficiency Plan for $50,000. 5. Report regarding a resolution authorizing a Purchase Agreement with JWC Environmental for the purchase of parts to repair and refurbish the sewage grinders at the Water Quality Control Plant's sewage pump stations for Fiscal Year 2016 -2017 in an amount not to exceed $140,200 authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco. (Brian Schumacker, Plant Superintendent) 5a. Resolution approving a purchase agreement with JWC Environmental for the purchase of parts to repair and refurbish the sewage grinders at the Water Quality Control Plant's sewage pump stations for fiscal year 2016 -2017 in an amount not to exceed $140,200 and authorizing the City Manager to execute said agreement. 6. Report regarding a resolution approving Program Supplemental Agreement No. N024 -REV 1 with the State of California for the Junipero Serra Boulevard and King Drive Intersection Improvements Project in the amount of $797,515 and authorizing the City Manager to execute said Agreement. (Sam Bautista, Principal Engineer) 6a. Resolution approving the Program Supplemental Agreement No. N024 -REV 1 with the State of California for the Junipero Serra Boulevard and King Drive Intersection Improvements Project in the amount of $797,515 and authorizing the City Manager to execute said Agreement. 7. Report regarding a resolution awarding a construction contract to Interstate Grading and Paving, Inc. of South San Francisco, California for the Junipero Serra and King Drive Intersection Improvement Project in an amount not to exceed $699,959 and authorizing a total construction budget of $839,951. (Sam Bautista, Principal Engineer) 7a. Resolution awarding a construction contract to Interstate Grading and Paving, Inc. of South San Francisco, California for the Junipero Serra and King Drive Intersection Improvement Project in an amount not to exceed $699,959 and authorizing a total construction budget of $839,951. City of South San Francisco Page 4 Printed on 7/26/2016 City Council Regular Meeting Agenda July 13, 2016 8. 8a. 9. 9a. Report regarding a resolution awarding a construction contract to Southwest Construction & Property Management of San Bruno, California for the Fire Station 64 Roof Girder Replacement Project based on the Base Bid and Bid Alternate #2 in an amount not to exceed $119,207 and authorizing a total construction budget of $160,929. (Sam Bautista, Principal Engineer) Resolution awarding the construction contract to Southwest Construction & Property Management of San Bruno, California for the Fire Station 64 Roof Girder Replacement Project based on the Base Bid and Bid Alternate #2 in an amount not to exceed $119,207 and authorizing a total construction budget of $160,929. Report regarding a resolution approving the Cooperative Agreement No. 04 -2619 in the amount of $120,816 with the State of California Department of Transportation for City improvements identified in the Gateway Monument Sign Project and authorizing the City Manager to execute said agreement. (Lawrence Henriquez, Associate Civil Engineer) Resolution approving the Cooperative Agreement No. 04 -2619 in the amount of $120,816 with the State of California Department of Transportation for work elements performed for the Gateway Monument Sign Project and authorizing the City Manager to execute said Agreement. CONSENT CALENDAR 10. 11. 12. 13. 14. 14a Motion approving the Minutes of meeting of June 22, 2016. Motion confirming payment registers for July 13, 2016. (Richard Lee, Finance) Report regarding Motion to accept the Installation of Turbo Blower #2 Project at the Water Quality Control Plant as complete in accordance with the plans and specifications (Total construction cost $363,712). (Sam Bautista, Principal Engineer) Report regarding required response to the San Mateo County Civil Grand Jury Report "Body Cameras -The Reel Truth ". (Jeff Azzopardi, Police Chief) Report regarding a resolution authorizing the acceptance of a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA to repave the basketball court at Francisco Terrace Playlot and amending the Parks and Recreation Department 2016 -2017 operating budget. (Sharon Ranals, Director, Parks and Recreation) Resolution authorizing the acceptance of a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA to repave the basketball court at Francisco Terrace Playlot and amending the Parks and Recreation Department 2016 -2017 operating budget. City of South San Francisco Page 5 Printed on 7/26/2016 City Council Regular Meeting Agenda July 13, 2016 15. Report regarding a resolution authorizing the acceptance of $15,000 in grant funding from the Kaiser Permanente Community Benefit Program to support Project Read's health literacy programming and amending the Library Department's 2016 -2017 Operating Budget. (Valerie Sommer, Library Director) 15a. Resolution authorizing the acceptance of $15,000 in grant funding from the Kaiser Permanente Community Benefit Program to support Project Read's health literacy programming and amending the Library Department's 2015 -2016 Operating Budget. 16. Report regarding a resolution authorizing the acceptance of $35,000 in grant funding from the Woodlawn Foundation to support Project Read's Learning Wheels family literacy program and amending the Library Department's 2016 -2017 Operating Budget. (Valerie Sommer, Library Director) 16a. Resolution authorizing the acceptance of $35,000 in grant funding from the Woodlawn Foundation to support Project Read's Learning Wheels family literacy program and amending the Library Department's 2016 -2017 Operating Budget. 17. Report regarding a resolution approving the Participation Agreement with the County of San Mateo Sheriff's Office Gang Intelligence and Investigation Unit (GIU). (Jeff Azzopardi, Police Chief) 17a. Resolution approving the Participation Agreement with the County of San Mateo Sheriff's Office Gang Intelligence and Investigation Unit. 18. Report regarding a Resolution approving Amendment No. 2 to the Employment Agreement between the City of South San Francisco and Michael Futrell for service as City Manager. (Jason Rosenberg, City Attorney) 18a. Resolution approving Amendment No. 2 to the Employment Agreement between the City of South San Francisco and Michael Futrell for service as City Manager. 19. Report regarding a resolution approving Consulting Services Agreement with Du -All Safety for Safety Program Consultant, in an amount not to exceed $125,000 and authorizing the City Manager to execute the Agreement. (LaTanya Bellow) 19a. Resolution approving a Consulting Services Agreement with Du -All Safety for Safety Program Consultant services in an amount not to exceed $125,000, as stated in the 2015 -16 mid -year financial report and resolution amending the FY 2015 -16 budget, and authorizing the City Manager to execute the Agreement. 20. Report regarding a resolution approving changes to the Fire Department Records Retention Schedule related to the format of the records. (Gerry Kohlmann, Fire Chief) 20a. Resolution approving changes to the Fire Department Records Retention Schedule related to the format of the records. City of South San Francisco Page 6 Printed on 7/26/2016 City Council Regular Meeting Agenda July 13, 2016 21. Cancellation of the Regular City Council meeting of August 10, 2016. (Mike Futrell, City Manager) ITEMS FROM COUNCIL — COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT City of South San Francisco Page 7 Printed on 7/26/2016 City of South San Francisco Staff Report File Number: 16 -474 Agenda Date: 7/13/2016 Version: 1 In Control: City Council Agenda Number: 1. Presentation of New Employees. (Kevin M. Sledge, Human Resources Analyst I) P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Status: Agenda Ready - Presentations File Type: Presentation City of South San Francisco Page 1 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Staff Report File Number: 16 -558 Agenda Date: 7/13/2016 Version: 1 Status: Agenda Ready - Presentations In Control: City Council File Type: Presentation Agenda Number: 2. Presentation of Pacific Gas and Electric (PG &E) gas transmission pipeline 132 work on Antoinette Lane. (Scott Hart, PG &E Government Relations Representative) City of South San Francisco Page 1 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -569 Agenda Date: 7/13/2016 Version: 1 Status: Agenda Ready - Legislative Business In Control: City Council File Type: Staff Report Agenda Number: 3. Report regarding amendment of Section 2.60.050 ( "Meetings ") of the South San Francisco Municipal Code to change the regular meeting time for the Parks and Recreation Commission from the fourth Thursday in the month to the third Tuesday in the month. (Sharon Ranals, Director of Parks and Recreation) ..label RECOMMENDATION It is recommended that the City Council waive reading and introduce an Ordinance to amend Section 2.60.050 ( "Meetings ") of the South San Francisco Municipal Code to change the regular meeting date of the Parks and Recreation Commission. BACKGROUND /DISCUSSION Section 2.60.050 of the South San Francisco Municipal Code establishes the meeting date, time, location and related procedures for the Parks and Recreation Commission. Currently the Municipal Code provides that the Parks and Recreation Commission is required to meet on the fourth Thursday of each month, at 7:00 p.m. The Parks and Recreation Commission voted on June 23, 2016 to recommend changing the regular meeting date to the third Tuesday of each month. The scheduled time of the meeting would continue at 7:00 p.m. Members of the Commission requested this change in order to be available to attend South San Francisco Unified School District Board meetings which are held on the fourth Thursday of the month. Staff has attached an underline and strikethrough Ordinance revising Section 2.60.050 ( "Meetings ") implementing the proposed meeting date change. rnrTC'T T TcrnrT The proposed change to the Municipal Code will allow the Parks and Recreation Commission to hold its regular meeting on the third Tuesday of every month. To facilitate the change, staff recommends that Council waive reading and introduce an Ordinance to amend Section 2.60.050 of the South San Francisco Municipal Code. City of South San Francisco Page 1 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -570 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Ordinance Agenda Number: 3a. Ordinance amending Section 2.60.050 of the South San Francisco Municipal Code to change the regular meeting time for the Parks and Recreation Commission from the fourth Thursday in the month to the third Tuesday of the month. WHEREAS, Chapter 2.60 of the South San Francisco Municipal Code ( "Municipal Code ") establishes the South San Francisco Parks and Recreation Commission and sets forth the rules and regulations regarding the Commission; and WHEREAS, City Staff and the Parks and Recreation Commission recommend that the City Council adopt the proposed ordinance to change the meeting date from the fourth Thursday of every month to the third Tuesday of every month. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. AMENDMENT The City Council hereby amends subsection a of Section 2.60.050 of the South San Francisco Municipal Code to read as follows (with text in seeut indicating deletion and double underlined text indicating addition). Section and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 2.60.050 Meetings. (a) The commission shall meet on the 49u-44l- Thimrsd y third Tuesday of each month at seven p.m. in the community room at the Municipal Services Building, 33 Arroyo Drive, South San Francisco, California, except that in case of necessity or emergency the chairman or four commissioners may designate an alternate meeting place within the corporate limits of the city. Legal notice of an emergency meeting shall be given at least twenty -four hours prior to the time of the meeting. If a meeting is set for the regular meeting place of the commission, or duly noticed for an alternate meeting place, and because of necessity or emergency the commission is required to meet in another place within the corporate limits of the city, then the secretary shall appear at the regular or alternate meeting place, whichever is the case, at the time set for the meeting, and publicly announce the new meeting place and post a notice of same on the door of the regular meeting place. Notices of all meetings, except regular meetings, shall be served on each commissioner and to each person who has requested notice in writing of such meetings, at least twenty -four hours prior to the time specified for the proposed meeting. City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -570 Notices shall comply with Government Code Section 54950, et seq., also referred to as the Ralph M. Brown Act. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Staff Report File Number: 16 -418 Agenda Date: 7/13/2016 Version: 1 Status: Agenda Ready - Administrative Business In Control: City Council File Type: Staff Report Agenda Number: 4. Report regarding approval of a professional services agreement between the City of South San Francisco and OpTerra Energy Services for the preparation of an Energy Efficiency Plan. (Marian Lee, Assistant City Manager) ..label RECOMMENDATION It is recommended that City Council adopt a resolution approving: (1) selection of OpTerra Energy Services ( "OpTerra ") to develop, implement and monitor the City's energy conservation / generation program and (2) execution of a Professional Services Agreement between the City of South San Francisco and OpTerra for the preparation of an Energy Efficiency Plan for $50,000. The Energy Efficiency Plan is for Phase I planning only. Phase II implementation and monitoring will be brought back to City Council for future consideration after completion of Phase I. BACKGROUND The City has demonstrated a commitment to reducing energy usage and cost and greenhouse gas emissions, through adopted policies, strategies, and programs. The City's Climate Action Plan (CAP) was adopted in 2014, with the purpose of reducing energy usage and greenhouse gas emissions (GHGs) community -wide. The CAP contains measures and actions that specifically address improving energy efficiency at municipal facilities. Developing and implementing a comprehensive energy efficiency plan for municipal facilities is a way to: • Reduce City energy costs; • Audit current and future energy use; • Expedite energy efficiency projects; and • Implement the Climate Action Plan. Over the past five years, the City has implemented energy- reduction programs at many municipal facilities, reducing energy use and costs. In 2011, the City received a grant from the American Recovery and Reinvestment Act (ARRA), which funded efficiency improvements, City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -418 including replacing lights at all City facilities with energy efficient upgrades, and installing solar panels at the City Hall Annex. In 2013, San Mateo County Energy Watch provided an audit service to determine additional energy savings opportunities at City facilities. The audit resulted in implementation of several major projects, including an energy management system in the Municipal Services Building (MSB), replacing exhaust fans and installing carbon dioxide sensors in the underground garage at the MSB, installing variable frequency drives on air handling units and heat pumps at several facilities, and replacing boilers at the Magnolia Center and Main Library. Over the past several years, the City has saved approximately $41,000 annually as a result of implementing these energy efficiency projects, or approximately eight percent of the electrical cost for City facilities. DISCUSSION As an on -going effort, in 2014, City staff worked with PG &E Sustainable Solutions Turnkey (SST) program to audit the City's electrical bills and facilities to identify additional energy savings opportunities. The audit indicated meaningful opportunities for further savings, likely through the implementation of complex and larger -scale energy projects. In November, 2015, City staff issued a Request for Proposal (RFP) for an energy conservation / generation program. The RFP was sent to nine Energy Service Companies (ESCOs), all registered with the Federal Department of Energy (DOE) and operating in California: • AECOM, Inc. • Aircon Energy Inc. • Enerpath Service Inc. • Enovity Inc. • Matrix Energy Services Inc. • OpTerra Energy Services • P1emCO • Pacific West Energy Solutions Inc. • Siemens Industry Inc. The City received one proposal, from OpTerra Energy Services. Based on interviews, key reasons for low response included limited competition, company capacity, business goals, and firms' assessment of selection potential. Staff reviewed OpTerra's proposal and has met with the OpTerra team on several occasions. The proposed approach and team qualifications meet the City's criteria outlined in the RFP, including: • Recent relevant experience developing successful energy savings and generation projects; • Demonstrated actual savings that fulfilled project financing needs; City of South San Francisco Page 2 Printed on 7/26/2016 File Number: 16 -418 • Expertise in developing creative energy savings solutions for complex projects; • Success working with public agencies in meeting project timelines; • Quality of proposal; and, • Client references. OpTerra's references from the cities of Salinas and Livermore, as well as the South San Francisco Unified School District, are positive. All references indicated that they achieved energy and cost savings from their efforts with OpTerra. Staff recommends entering into a professional services contract with OpTerra for Phase I planning only at this time. Phase I will result in completion of an Energy Efficiency Plan for the City's municipal facilities. For $50,000, OpTerra will conduct a comprehensive audit of City buildings and facilities, identify a list of projects that will reduce energy usage and cost, develop a financing plan and a monitoring program. The $50,000 project cost is included in the FY16 -17 Capital Improvement Plan (CIP). Phase I will take approximately six to twelve months to complete. Phase II, which includes implementation / construction of the projects identified in Phase I and monitoring, will be brought back to City Council for consideration after Phase I has been completed and evaluated by staff. Phase II would entail entering into a second agreement with OpTerra ( an Energy Services Contract), and approval of a financing plan. Prior to entering into the Energy Service Contract, the City Council must make certain required findings pursuant to Government Code Section 4217.12 regarding the anticipated costs and benefits of the energy conservation services provided under the Energy Services Contract. In Phase II, OpTerra would provide program management and construction management services. CONCLUSION Staff recommends that the City Council adopt a resolution approving: (1) selection of OpTerra to develop, implement and monitor the City's energy conservation / generation program and (2) execution of a Professional Services Agreement between the City of South San Francisco and OpTerra for the preparation of an Energy Efficiency Plan for $50,000. Attachments: 1. Staff Presentation 2. OpTerra Energy Services Presentation City of South San Francisco Page 3 Printed on 7/26/2016 Energy Efficiency Plan City Council Meeting .July 13, 2016 Goals Audit current energy use Expedite energy reduction projects Reduce city energy costs Implement the Climate Action Plan Approach Previous studies identified opportunities for additional energy reduction /cost savings Obtain qualified energy consultant team Turnkey scope: planning, implementation and monitoring RFC' Process Nov. 2015 RFP issued To 9 CA Energy Service Companies registered with Federal Department of Energy Dec. 2015 Received 1 response from OpTerra fan. 2016 Staff review of proposal Reference checks OpTerra Proposed Scope of Work Phase 1 (Today CC Action) Energy Audit +Project Development +Financing Plan $50K (approved in FY16 -1 7 CIP) 6 - 12 months Phase 2 (Future CC Action) Implementation +Monitoring +Reporting To be considered after Phase 1 5 Capital Project Financing Model IMPLEMENT - INVEST Recommendation That the City Council: Select OpTerra Energy Services Approve agreement with OpTerra for Phase Next Steps Implement Phase 1 Progress Report to City Council Staff recommendation for Phase 2 F." OpTerra Energy Services Program Development, Planning & Design Construction • • • Engineering Operations & Maintenance OPTERRA ENERGY SERVICES •Project Finance Structuring Measurement & Verification O p Terra's Northern California Partners C&I OPTERRA ENERGY SERVICES Municipalitiep Hartnell Community College District, Alameda County (Santa Rita Jail) Salinas NORTE City of Alhambra Los Rios Community College District, SISKIYOU MODOC City of Benicia Sacramento City of Concord Peralta Community College District, City of Dublin Oakland City of Fremont San Mateo County Community College City of Grass Valley District, San Mateo TRINITY SHASTA LASSEN City of Gonzales Solano Community College District, HUMBOLDT City of Greenfield Fairfield City of Kings City State Center Community College TERAMA City of Livermore District, Fresno PLUMAS City of Millbrae University of California, Davis City of Patterson University of California, San Francisco GLENN BUTTE SIERRA City of Richmond MENDOCINO NEVADA City of Salinas K -12 COLUSA Jp YUBA PLACER City of Saint Helena Berryessa Union School District LAKE City of San Jose East Side Union High School District YOU. ELDORADO City of Union City Franklin - McKinley School District • 6� SONOMA NAPA SACRA- ALPINE City of Waterford Jefferson Elementary School District 9 MENTO Madera County Live Oak School District SOLANO Sacramento County Milpitas Unified School District_ 4% TUOLUMNE Santa Clara Count Monterey Count Office of Education y VONTRA SAN MONO County y y SAN ;g• COSTA 10AQUIN Solano County Morgan Hill Unified School District FRANCISCO �RMEDA STAY��AUS Sutter County Oak Grove School District SAN f MARIPOSA • Salinas City Elementary School District MATEO � %TA Higher Education San Jose Unified School District RA MERCED MADEAA • California State University, San Lorenzo Unified School District CRUZ �� East Bay Santa Cruz County Office of Education FRESNO California State University, Fresno South San Francisco Unified School • BSAN California State University, Sonoma District (Prop 39) Contra Costa Community College Washington Unified School District MONTEREY District, Martinez Foothill- DeAnza Community College District, Los Altos Hills Typical Partnership Timeline Assessment Develop the Completed Program 6 -12 Months Program Development Agreement Council Approval July 13 City Staff Projects Information Gathering Implement the Program 10 -12 Months cell OPTERRA ENERGY SERVICES Realize the Benefits Ongoing 0 Implementation Contract Council Approval Detailed Engineering & Development Competitive Procurement Process Competitive Financing Plan Request for Qualifications Community & Staff Input Program Performance Monitoring and Reporting Guarantees Available City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -422 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 4a. Resolution approving: (1) selection of OpTerra Energy Services for the Energy Efficiency Project and (2) execution of a Professional Services Agreement between the City of South San Francisco and OpTerra Energy Services for the preparation of an Energy Efficiency Plan for $50,000. WHEREAS, the City of South San Francisco ( "City ") is responsible for operating and maintaining the municipal facilities within the City; and WHEREAS, the City has an adopted Climate Action Plan for the purpose of reducing energy usage and greenhouse gas emissions on a community -wide basis; and WHEREAS, the Climate Action Plan contains specific actions and strategies for reducing energy usage and greenhouse gas emissions at municipal facilities; and WHEREAS, the City has completed efficiency projects at municipal facilities which have reduced energy usage and utility cost; and WHEREAS, recent audits have determined that there are additional opportunities to develop and implement energy efficiency projects at municipal facilities; and WHEREAS, City staff issued a Request for Proposal (RFP) for an Energy Efficiency Project ( "Project ") in November, 2015 to nine (9) qualified energy service companies, and received one (1) proposal in response from OpTerra Energy Services ( "OpTerra ES "); and WHEREAS, staff met with representatives from OpTerra ES on multiple occasions to discuss the proposal, sought references from OpTerra ES's previous municipal- clients and was satisfied that OpTerra ES's proposal would further the City's goals; and WHEREAS, staff recommends approving a Professional Services Agreement with OpTerra Energy Services in the amount of $50,000 for the preparation of an Energy Efficiency Plan for municipal facilities, which will include an audit, project development, and a financing plan; such Agreement is attached hereto and incorporated herein; and WHEREAS, the $50,000 fee is included in the City of South San Francisco's 2016 -2017 City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -422 Capital Improvement Program ( "CIP "). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby takes the following actions: 1. Selects OpTerra Energy Services ( "OpTerra ") for the Project; 2. Approves a Professional Services Agreement with OpTerra ES in the amount of $50,000 for the preparation of an Energy Efficiency Plan, attached hereto and incorporated herein; and 2. Confirms the City Manager's authority to execute the Professional Services Agreement and directs the City Manager to do so, subject to review and approval as to form by the City Attorney; and 3. Authorizes the City Manager to take any other related action necessary to further the intent of this Resolution. City of South San Francisco Page 2 Printed on 7/26/2016 OpTerra ES Project #: ACECN OpTerra ES Contract #: R3129 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND OPTERRA ENERGY SERVICES THIS AGREEMENT for professional services is made by and between the City of South San Francisco ("City") and OpTerra Energy Services, Inc. ( "OpTerra ES ") (together sometimes referred to as the "Parties "), as of July 13, 2016 (the "Effective Date "). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, OpTerra ES shall provide to City the services described in the Scope of Services attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on 30 June 2017, and OpTerra ES shall complete the services ( "Services ") described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to OpTerra ES to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. OpTerra ES shall perform all Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which OpTerra ES is engaged in the geographical area in which OpTerra ES practices its profession. OpTerra ES shall prepare all work product required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in OpTerra ES's profession. 1.3 Assignment of Personnel. OpTerra ES shall assign only competent personnel to perform Services pursuant to this Agreement. In the event that City, in its reasonable discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, OpTerra ES shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. OpTerra ES shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy OpTerra ES's obligations hereunder. 1.5 Purpose. The Parties acknowledge and agree that the primary purpose of the Services contemplated by this Agreement is to provide an engineering and economic basis for the implementation of the energy conservation and generation measures contemplated in the Scope of Services attached as Exhibit A, in furtherance of which the Parties intend, promptly following the completion of the Services, to negotiate and execute a contract providing for, among other things, engineering, procurement, installation, construction and training services (an "Energy Services Contract "). However, nothing contained in this Section 1.5 shall be interpreted to constitute an affirmative obligation to enter into an Energy Services Contract. Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 1 of 14 Section 2 COMPENSATION. City hereby agrees to pay OpTerra ES $50,000 (also referred to as the "Assessment Fee "), notwithstanding any contrary indications that may be contained in OpTerra ES's proposal dated 11 December 2015 (the "Proposal "), for services to be performed and reimbursable costs incurred under this Agreement. The Assessment Fee will be due and payable thirty (30) calendar days after OpTerra ES's submission of the Recommendations and IGA Report; provided that if on such thirtieth (30th) calendar day OpTerra ES and City are negotiating an Energy Services Contract in good faith, the Assessment Fee will be incorporated into the total contract amount payable under such Energy Services Contract. If negotiations are abandoned and an Energy Services Contract is not ultimately executed, then OpTerra ES will issue an invoice requesting payment of the Assessment Fee for the Services rendered under this Agreement. City will pay the Assessment Fee within thirty (30) calendar days from the date of invoice. 2.1 Payment of Taxes. OpTerra ES is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. OpTerra ES represents and warrants that OpTerra ES is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. OpTerra ES accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non - California subcontractors as required by law. 2.2 Payment upon Termination. In the event that the City or OpTerra ES terminates this Agreement pursuant to Section 8, the City shall compensate OpTerra ES for outstanding costs and reimbursable expenses up to the Assessment Fee amount incurred for services satisfactorily completed as of the date of written notice of termination. OpTerra ES shall maintain adequate logs and timesheets in order to verify costs incurred to that date. However, in the event that OpTerra ES terminates this Agreement prior to providing the City with the IGA Report or any Recommendations, City shall not be required to compensate OpTerra for outstanding costs and /or reimbursable expenses. 2.3 Authorization to Perform Services. OpTerra ES is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, OpTerra ES shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the Services required by this Agreement. Section 4. INSURANCE REQUIREMENTS. Before beginning any Services under this Agreement, OpTerra ES, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services hereunder by OpTerra ES and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, OpTerra ES shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that OpTerra ES has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance reasonably satisfactory to the City. OpTerra ES shall maintain the insurance Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 2 of 14 policies required by this section throughout the term of this Agreement. The cost of such insurance is included in OpTerra ES's compensation. To the extent OpTerra ES utilizes subcontractors in the performance of the Services, OpTerra ES shall not allow any subcontractor to commence work on any subcontract until such subcontractor has obtained all insurance required herein for the subcontractor(s). 4.1 Workers' Compensation. OpTerra ES shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by OpTerra ES. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, OpTerra ES may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or OpTerra ES, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from Services performed under this Agreement. 4.2 Commercial General and Automobile Liabilitv Insurance. 4.2.1 General requirements. OpTerra ES, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the Services contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 3 of 14 The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. Any failure of OpTerra ES to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. OpTerra ES, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self- insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims -made limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the Services, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, OpTerra ES must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the Services. The City shall have the right to exercise, at OpTerra ES's sole cost and expense, any extended reporting provisions of the policy, if OpTerra ES cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any Services under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any Services under this Agreement, OpTerra ES shall furnish City with complete copies of all policies delivered to OpTerra ES by the insurer, including complete copies of all endorsements attached Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 4 of 14 to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to OpTerra ES beginning Services, it shall not waive OpTerra ES's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, OpTerra ES shall provide written notice to City at OpTerra ES's earliest possible opportunity and in no case later than ten (10) working days after OpTerra ES is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of OpTerra ES; products and completed operations of OpTerra ES, as applicable; premises owned, occupied, or used by OpTerra ES; and automobiles owned, leased, or used by OpTerra ES in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self- insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self- Insured Retentions. OpTerra ES shall disclose to and obtain the approval of City (not to be unreasonably withheld) for the self- insured retentions and deductibles before beginning any of the services called for by any term of this Agreement. Further, if OpTerra ES'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 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. Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 5 of 14 During the period covered by this Agreement, OpTerra ES will notify the City of increases to deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. 4.4.6 Subcontractors. OpTerra ES shall require its subcontractors to maintain insurance coverage satisfying all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a "wasting" policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if OpTerra ES fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for OpTerra ES's breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order OpTerra ES to stop work under this Agreement or withhold any payment that becomes due to OpTerra ES hereunder, or both stop work and withhold any payment, until OpTerra ES demonstrates compliance with the requirements hereof; and /or c. Terminate this Agreement. Section 5. INDEMNIFICATION; LIMITATION OF LIABILITY AND OPTERRA ES'S RESPONSIBILITIES. 5.1 Indemnification. OpTerra ES shall indemnify, defend with counsel reasonably acceptable to the City and OpTerra ES, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of OpTerra ES or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of OpTerra ES shall not apply to the extent (1) the injury, loss of life, damage to property, or violation of law arises from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of OpTerra ES or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 6 of 14 damage to property, or violation of law. It is understood that the duty of OpTerra ES to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve OpTerra ES from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, OpTerra ES acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that OpTerra ES or any employee, agent, or subcontractor of OpTerra ES providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, OpTerra ES shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of OpTerra ES or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 5.2 Limitation on Liability. The liability of a defaulting Party will be limited to direct, actual damages. Neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense. 5.3 Failure to Obtain Incentive Funds. OpTerra ES cannot guarantee that City will receive funding from any energy efficiency rebate, incentive, and /or loan program(s) (collectively, "Incentive Funds "); OpTerra ES expressly disclaims any liability for City's failure to receive any portion of the Incentive Funds, and City acknowledges and agrees that OpTerra ES will have no liability for any failure to receive all or any portion of the Incentive Funds. Section 6. STATUS OF OPTERRA ES. 6.1 Independent Contractor. The Parties hereto agree that OpTerra ES, and any agents and employees of OpTerra ES, its subcontractors and /or consultants, is acting in an independent capacity in the performance of this Agreement, and not as a public official, officer, employee, consultant, or agent of City for purposes of conflict of interest laws or any other applicable law. This Agreement may not be construed to represent the creation of an employer /employee or principal /agent relationship. OpTerra ES will act in an independent capacity and retain sole discretion in the manner and means of carrying out its activities under this Agreement. OpTerra ES is free to work for other entities while under contract with City. 6.2 OpTerra ES Not Agent. Under no circumstances shall OpTerra ES have any authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 7 of 14 6.3 OpTerra ES Not Municipal Advisor. The Parties acknowledge and agree that OpTerra ES is not a municipal advisor and cannot give advice to City with respect to municipal securities or municipal financial products absent City being represented by, and relying upon the advice of, an independent registered municipal advisor. OpTerra ES is not subject to a fiduciary duty with regard to City or the provision of information to City. City will consult with an independent registered municipal advisor about the financing option(s) appropriate for City's situation. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. OpTerra ES and any subcontractors shall comply with all laws applicable to the performance of the Services hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, OpTerra ES and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. OpTerra ES represents and warrants to City that OpTerra ES and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what -so -ever nature that are legally required to practice their respective professions. OpTerra ES represents and warrants to City that OpTerra ES and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, OpTerra ES and any subcontractors shall obtain and maintain, during the term of this Agreement, valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. OpTerra ES shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by OpTerra ES under this Agreement. OpTerra ES shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of OpTerra ES thereby. OpTerra ES shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 8 of 14 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to OpTerra ES. OpTerra ES may cancel this Agreement for cause upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, OpTerra ES shall be entitled to compensation for services performed to the date of notice of termination pursuant to Section 2.2; City, however, may condition payment of such compensation upon OpTerra ES delivering to City all materials described in Section 9.1. 8.2 Extension. The Parties may agree to extend the end date of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. OpTerra ES may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. OpTerra ES may not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and OpTerra ES shall survive the termination of this Agreement. E, Ott• , "144UNIr1_1ki1DIM-1,1 ,9111a:7X417:11:1 9.1 Records Created as Part of OpTerra ES's Performance. City will not, by virtue of this Agreement, acquire any interest in any formulas, patterns, devices, secret inventions or processes, copyrights, patents, other intellectual or proprietary rights, or similar items of property which are or may be used in connection with the services. However, City will own the IGA Report in consideration for payment of the Assessment Fee and may use the IGA Report in any manner that the City sees fit; provided, however, that any self - implementation or utilization (or implementation or utilization by a contractor hired by the City) of any of the data or recommendations within the IGA Report will be at the City's sole risk and without liability to OpTerra ES. City agrees to defend, indemnify and hold harmless, OpTerra ES, its subcontractors, and their directors, employees, subcontractors, and agents from liability associated with or resulting from the self - implementation or utilization of the data or recommendations within the IGA Report. With the exception of the IGA Report, all other data, proposals, plans, specifications, flow sheets, drawings, and other work product Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 9 of 14 prepared or produced by OpTerra ES hereunder ( "Work Product ") and furnished directly or indirectly, in writing or otherwise, to City under this Agreement will remain OpTerra ES's property and will be used only in connection with work performed by OpTerra ES. OpTerra ES will be deemed the author and owner of such Work Product and will retain all common law, statutory and other reserved rights, including copyrights. The Work Product may not be used by City as a basis for facility construction or implementation of ECMs developed herein by any entity other than OpTerra ES, without the prior written agreement of OpTerra ES. Any unauthorized use of the Work Product will be at City's sole risk and without liability to OpTerra ES, and City agrees to defend, indemnify and hold harmless, OpTerra ES, its subcontractors, and their directors, employees, subcontractors, and agents from liability associated with or resulting from such unauthorized use. 9.2 OpTerra ES's Books and Records. OpTerra ES shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to OpTerra ES under this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires OpTerra ES to maintain shall be made available for inspection, audit, and /or copying (at City's cost and expense) at any time during OpTerra ES's regular business hours, upon five days' prior written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted to City. Except to the extent that an exemption to the California Public Records Act may apply, all records submitted to City become a matter of public record, and shall be regarded as public records, with the exception of those elements in each record that are defined by OpTerra ES and plainly marked as "Confidential," "Business Secret" or "Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such record or portions thereof, if OpTerra ES has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the California Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that OpTerra ES submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a record, OpTerra ES agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 10 of 14 costs connected with that defense. This obligation to indemnify survives the City's award and completion of the contract. OpTerra ES agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any judicial reference action, to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. 10.2 Judicial Reference Proceedings. A dispute arising out of or relating to this Agreement, the transaction contemplated by this Agreement, or the breach of this Agreement, including any and all questions of law or fact relating thereto (a "Dispute "), shall be resolved exclusively pursuant to the provisions for reference and trial by referee (without jury) set forth in California Code of Civil Procedure §638 et seq., as expressly modified by the provisions hereof ( "Reference Proceeding "). Either Party may initiate judicial reference proceedings by written notice to the other Party. The referee ( "Referee ") shall be a retired or former Superior Court judge residing in San Mateo County, California, who is either (1) agreed to by the parties within fifteen (15) days of the notice by any party to the other of the intention to initiate a Reference Proceeding pursuant to this Section to resolve the Dispute, or (2) failing such agreement, is appointed pursuant to California Code of Civil Procedure §640 in an action filed in the Superior Court of San Mateo County, California (the "Court"). The Parties agree that any Party may file with the Clerk of the Court, and /or with the appropriate judge of such Court, any and all petitions, motions, applications or other documents necessary to obtain the appointment of such a Referee immediately upon the commencement of any Reference Proceeding, and to conduct all necessary discovery and to proceed to a trial as expeditiously as possible. It is the Parties' intention, and the Parties and the Referee shall use their best efforts to be certain, that (a) discovery be conducted for a period no longer than six (6) months from the date ( "Referee Date ") the Referee is appointed (whether by stipulation or by the Court), excluding motions regarding discovery, and (b) trial be set on a date that is within nine (9) months of the Referee Date. All discovery motions shall be filed with the Referee and served upon the opposing Party no later than one week after the end of the six - month discovery period. All proceedings, including trial, before the Referee, shall be conducted at a neutral location (unless otherwise stipulated by the Parties). The Parties agree that said Referee shall be a judge for all purposes (including (i) ruling on any and all discovery matters and motions and any and all pretrial or trial motions, (ii) setting a schedule of pretrial proceedings, and (iii) making any other orders or rulings a sitting judge of the Court would be empowered to make in any action or proceeding in the Court). Any matter before the Referee shall be governed by the substantive law of California, its Code of Civil Procedure, Rules of Court, and Evidence Code, except as otherwise specifically agreed by the Parties and approved by the Referee. The Parties intend this general reference agreement to be specifically enforceable in accordance with the California Code of Civil Procedure. Any appeal of the decisions of the Referee shall be appealable to the same extent and in the same manner that such decision would be appealable if rendered by a Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 11 of 14 judge of the Court. The Referee shall in his /her statement of decisions set forth his /her findings of fact and conclusions of law. During the pendency of any such Reference Proceeding and before the entry of any judgment therein, each of the Parties to such Reference Proceeding shall bear equal shares of the fees charged and costs incurred by the Referee in connection with performing the services provided in this Section. The compensation of the Referee shall not exceed the prevailing rate for like services. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. OpTerra ES shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. OpTerra ES may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place OpTerra ES in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. OpTerra ES shall not employ any City official in the Services performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. The Parties agree that OpTerra ES is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. OpTerra ES understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and OpTerra ES will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and OpTerra ES will be required to reimburse the City for any sums paid to OpTerra ES. OpTerra ES understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Contract Administration. This Agreement shall be administered by Justin Lovell ( "Contract Administrator "). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 12 of 14 10.9 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: OpTerra ES: Emily Douglas Business Development Manager OpTerra Energy Services, Inc. 4020 Moorpark Ave., Suite 100 San Jose, CA 95117 With a copy to: Legal Department OpTerra Energy Services, Inc. 150 East Colorado Boulevard, Suite 360 Pasadena, CA 91105 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 With a copy to: Marian Lee Assistant City Manager City of South San Francisco City Manager's Office 400 Grand Avenue South San Francisco, CA 94080 10.10 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped /sealed and signed by the licensed professional responsible for the report/design preparation. The stamp /seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 13 of 14 Seal and Signature of Registered Professional with report /design responsibility. 10.11 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and OpTerra ES and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.13 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefor any construction as against the drafting party shall not apply to this Agreement. The Parties have executed this Agreement as of the Effective Date. OPTERRA ENERGY SERVICES, INC. City Manager NAME: TITLE: Attest: Krista Martinelli, City Clerk Approved as to Form: City Attorney 2668656.1 Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra Energy Services Page 14 of 14 EXHIBIT A SCOPE OF SERVICES The Scope of Services is in two parts: 1. Completion of an energy assessment that will include an analysis of each proposed energy conservation or generation measure with projected energy and cost savings and project cost. Similar services for water usage (irrigation and indoor) will also be performed. 2. OpTerra ES will then present a proposal ( "Recommendations ") that includes recommended projects, options for financing, and projected annual cash -flow analysis, and also will propose terms for the Energy Services Contract. In addition, OpTerra ES will provide City with a written report ( "IGA Report ") which, at a minimum, will include: (1) project goals, (2) energy summary matrix, (3) a list of facilities and impacted equipment, (4) general project scope of work (which shall include project descriptions and locations, but will not include detailed design, engineering or construction plans), and (5) a project financial pro forma. PROJECT GOALS The Scope of Services contemplated herein shall seek to accomplish the following goals: Gas and Electric 1. Reduce energy consumption (gas and electric) and the utility costs pertaining to energy consumption. 2. Replace or upgrade old and inefficient systems to the extent that such replacements /upgrades help reduce energy consumption and related costs. 3. Recommend investments that generate electricity to offset expenditures pertaining to energy consumption, such as solar panels. 4. Recommend investment in metering and energy storage (micro grid) capabilities that provides usage data on an interval or real time basis, and, as appropriate, allows for shifting of electric and gas usage to more cost effective times. s. Enhance personnel training with regard to energy efficiency and maintenance of energy efficient systems Water. 1. Reduce water usage 2. Replace or upgrade old and inefficient systems to the extent that such replacements /upgrades help reduce usage and related costs. 3. Recommend investments to generate savings and /or help better monitor usage. Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra ES - Exhibit B Page 1 of 1 EXHIBIT B INSURANCE CERTIFICATES Professional Services Agreement between July 13, 2016 City of South San Francisco and OpTerra ES - Exhibit B Page 2 of 2 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -434 Agenda Date: 7/13/2016 Version: 1 Status: Agenda Ready - Administrative Business In Control: City Council File Type: Staff Report Agenda Number: 5. Report regarding a resolution authorizing a Purchase Agreement with JWC Environmental for the purchase of parts to repair and refurbish the sewage grinders at the Water Quality Control Plant's sewage pump stations for Fiscal Year 2016 -2017 in an amount not to exceed $140,200 authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco. (Brian Schumacker, Plant Superintendent) ..label RECOMMENDATION It is recommended that the agreement between the City purchase of parts to repair Control Plant's Sewage Pump exceed $140,200. BACKGROUND /DISCUSSION City Council adopt a Resolution authorizing a purchase of South San Francisco and JWC Environmental for the and refurbish the sewage grinders at the Water Quality Stations for Fiscal Year 2016 -2017 in an amount not to JWC Environmental (JWC) sewage grinders are installed at the inlets of our four major sewage pumping stations, which continuously convey sewage to the treatment plant from the residential and industrial parts of South San Francisco and the residential parts of San Bruno These devices shred paper and plastic items found in the sewage streams to help prevent pumps from clogging. JWC is a sole source vendor. No other supplier manufactures repair parts for JWC grinders. JWC annually refurbishes the Water Quality Control Plant's sewage grinders at their Santa Ana, California repair facility which is a service offered at a "parts only" cost. There is no charge for labor associated with JWC's repair of JWC grinders at their Santa Ana facility. By design, redundant systems exist to accommodate these rebuilds and spare sewage grinder units are alternated from inventory annually. If the Water Quality Control Plant ordered the repair parts and performed the work in- house, the City would be charged the same amount as if the units were shipped to JWC and repaired by their technicians. Therefore, having JWC complete the grinder refurbishments, frees Plant staff to perform other maintenance tasks. Additionally, work done at the JWC facility comes with a one -year warranty, which would not be available if the work was performed by City staff. The grinders are shipped to JWC Environmental by an independent cargo company. The City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -434 shipper is unknown until the time of pick up and the City is then billed separately for cartage through a reliable third -parry broker. FUNDING Funding for the four sewage grinder repairs are included in the Water Quality Control Plant's annual operating budget for fiscal year 2016 -2017. CONCLUSION JWC Environmental sewage grinders are installed at the inlets of our four major sewage pumping stations, which prevent the pumps from clogging. Staff recommends entering into a purchase agreement with JWC Environmental in an amount not to exceed $140,200 through June 30, 2017 and authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco. City of South San Francisco Page 2 Printed on 7/26/2016 PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND JWC ENVIRONMENTAL These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation, training, and/or minor services and repairs described in this Purchase Agreement ( "Purchase Agreement ") by JWC Environmental ( "Vendor ") for the City of South San Francisco ( "City "). Vendor and City are collectively referred to in this Purchase Agreement as "the Parties." If the Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement, that subcontractor is an agent of the Vendor, and is hereby included by reference as "the Vendor." 1. Time of Performance. This Purchase Agreement shall commence effective July 1, 2016, and shall end when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and in Exhibit A ( "Products" and/or "Services "). The equipment and products listed in Exhibit A must be delivered by June 30, 2017. The installation and other services set forth in Exhibit A must be completed by June 30, 2017. In the event that any of the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall prevail. 2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and furnish to City with Parts to Repair and Refurbish Pump Station Sewage Grinders and shall complete delivery F.O.B. to the City of South San Francisco on or before 180 days from the date of this Purchase Agreement in strict accordance with the specifications as established by this Purchase Agreement and Exhibit(s), which specifications are incorporated herein and made part of this Purchase Agreement. 3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not to exceed amount. The total compensation for Products and/or Services performed under this Purchase Agreement is not to exceed One Hundred Forty Thousand Dollars ($140,000.00). The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this Purchase Agreement. Payment of Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment. In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms and conditions herein and in Exhibit A. Such adjustments shall be equal to one hundred percent (100 %) of City's costs to correct such defects or Vendor's failure to meet Purchase Agreement requirements. 4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the delivery of the Products and/or Services listed herein. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and /or Services are as described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications contained in Exhibit A; (B) All Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Vendor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Vendor's delivery and installation of the Products and/or Services will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any Products or components not meeting the foregoing quality shall be deemed defective. The foregoing warranty provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via this Purchase Agreement. Vendor also expressly warrants and guarantees, for one (1) year that the Products and/or Services furnished by it to City shall be free from breakage or defects of material and workmanship under normal use, service and maintenance from the date of acceptance of the City, and expressly agrees to repair or replace Products and/or Services or any part thereof which proves defective as a result of inferior or defective materials, equipment or workmanship. If within the period stated above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the City, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to properly repair, replace or correct any and all such defects therein. If Vendor, after such notice, fails to proceed promptly with the terms of this warranty and guarantee, the City may perform the work necessary to effectuate such corrections, repairs and replacements, and recover the cost thereof from Vendor. 6. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the City. Page 1 of 3 [Rev:2.13.2014] 7. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the "City Indemnitees") from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys' fees and costs of litigation) (collectively, "Liability ") of every nature arising out of or in connection with the delivery and installation of the Products and/or Services described on this Purchase Agreement or Vendor's failure to comply with this Purchase Agreement, to the extent such liability is attributable to Vendor's negligent acts or omissions, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. Approved (Risk Manager) 8. Insurance. Before beginning any installation work and continuing throughout the term of this Purchase Agreement, Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts: A. Workers' Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City -owned or City - furnished equipment used or operated by the Vendor, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non -owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Vendor's insurance. If the Vendor'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 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. The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 9. Limitation of Liability. In no event shall the Vendor be liable for lost profits or other special, indirect or consequential damages of any kind. The total liability of the Vendor to the Buyer under this order shall not exceed two (2) times the purchase order amount. Approved (Risk Manager) 10. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director's authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker. An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 -1775. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Contractor. A. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and Page 2 of 3 [Rev:2.13.2014] mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. B. Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. 11. Tax Withholding. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non - California subcontractors as required by law. 12. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to the date of termination. 13. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney's fees associated with that legal action or proceeding. 14. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase Agreement without the City's prior written approval. This Purchase Agreement is governed by California law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of California, and shall be venued in the County of San Mateo. 15. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Purchase Agreement. 16. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Purchase Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. CITY OF SOUTH SAN FRANCISCO VENDOR A Municipal Corporation By: By: Mike Futrell, City Manager [Name], Authorized Rep Approved as to Form: ATTEST: City Attorney City Clerk [Rev:2.13.2014] Page 3 of 3 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -476 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 5a. Resolution approving a purchase agreement with JWC Environmental for the purchase of parts to repair and refurbish the sewage grinders at the Water Quality Control Plant's sewage pump stations for fiscal year 2016 -2017 in an amount not to exceed $140,200 and authorizing the City Manager to execute said agreement. WHEREAS, the Water Quality Control Plant's (WQCP) sewage pump stations have sewage grinders installed at the four major pump stations; and WHEREAS, repairs and refurbishing of the sewage grinders are required to prevent pumps from clogging and failing; and WHEREAS, California Public Contract Code Section 3400(b) permits general law cities to suspend competitive bidding and to make sole source purchases of products or equipment in order to match other products in use on a particular public improvement either completed or in the course of completion, or to obtain a necessary item that is only available from one source; and WHEREAS, South San Francisco Municipal Code subsection (a) of Section 4.04.080 permits the City to dispense with open market procedures if a commodity can only be obtained from one vendor; and WHEREAS, staff has confirmed that JWC Environmental is the sole source vendor of the JWC sewage grinders and parts, as no other suppliers manufacture parts for JWC grinders; and WHEREAS, City staff recommends that the City Council approve a purchase agreement between the City of South San Francisco and JWC Environmental for the purchase of parts to repair and refurbish the sewage grinders at the WQCP's sewage pump stations for fiscal year 2016 -2017 in an amount not to exceed $140,200 and authorize the City Manager to execute said agreement; and WHEREAS, funding for this project is included in the City of South San Francisco's WQCP operating budget. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby takes the following actions: City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -476 1. Approves the purchase agreement with JWC Environmental to purchase parts to repair and refurbish the sewage grinders at the WQCP's sewage pump stations for fiscal year 2016 -2017 in an amount not to exceed $140,200; and 2. Authorizes the City Manager to execute the purchase agreement on behalf of the City of South San Francisco, subject to approval as to form by the City Attorney; and 3. Authorizes the City Manager to take any other action consistent with the intent of this Resolution. City of South San Francisco Page 2 Printed on 7/26/2016 PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND JWC ENVIRONMENTAL These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation, training, and/or minor services and repairs described in this Purchase Agreement ( "Purchase Agreement ") by JWC Environmental ( "Vendor ") for the City of South San Francisco ( "City "). Vendor and City are collectively referred to in this Purchase Agreement as "the Parties." If the Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement, that subcontractor is an agent of the Vendor, and is hereby included by reference as "the Vendor." 1. Time of Performance. This Purchase Agreement shall commence effective July 1, 2016, and shall end when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and in Exhibit A ( "Products" and/or "Services "). The equipment and products listed in Exhibit A must be delivered by June 30, 2017. The installation and other services set forth in Exhibit A must be completed by June 30, 2017. In the event that any of the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall prevail. 2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and furnish to City with Parts to Repair and Refurbish Pump Station Sewage Grinders and shall complete delivery F.O.B. to the City of South San Francisco on or before 180 days from the date of this Purchase Agreement in strict accordance with the specifications as established by this Purchase Agreement and Exhibit(s), which specifications are incorporated herein and made part of this Purchase Agreement. 3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not to exceed amount. The total compensation for Products and/or Services performed under this Purchase Agreement is not to exceed One Hundred Forty Thousand Dollars ($140,000.00). The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this Purchase Agreement. Payment of Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment. In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms and conditions herein and in Exhibit A. Such adjustments shall be equal to one hundred percent (100 %) of City's costs to correct such defects or Vendor's failure to meet Purchase Agreement requirements. 4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the delivery of the Products and/or Services listed herein. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and /or Services are as described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications contained in Exhibit A; (B) All Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Vendor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Vendor's delivery and installation of the Products and/or Services will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any Products or components not meeting the foregoing quality shall be deemed defective. The foregoing warranty provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via this Purchase Agreement. Vendor also expressly warrants and guarantees, for one (1) year that the Products and/or Services furnished by it to City shall be free from breakage or defects of material and workmanship under normal use, service and maintenance from the date of acceptance of the City, and expressly agrees to repair or replace Products and/or Services or any part thereof which proves defective as a result of inferior or defective materials, equipment or workmanship. If within the period stated above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the City, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to properly repair, replace or correct any and all such defects therein. If Vendor, after such notice, fails to proceed promptly with the terms of this warranty and guarantee, the City may perform the work necessary to effectuate such corrections, repairs and replacements, and recover the cost thereof from Vendor. 6. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the City. Page 1 of 3 [Rev:2.13.2014] 7. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the "City Indemnitees") from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys' fees and costs of litigation) (collectively, "Liability ") of every nature arising out of or in connection with the delivery and installation of the Products and/or Services described on this Purchase Agreement or Vendor's failure to comply with this Purchase Agreement, to the extent such liability is attributable to Vendor's negligent acts or omissions, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. Approved (Risk Manager) 8. Insurance. Before beginning any installation work and continuing throughout the term of this Purchase Agreement, Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts: A. Workers' Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City -owned or City - furnished equipment used or operated by the Vendor, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non -owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Vendor's insurance. If the Vendor'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 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. The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 9. Limitation of Liability. In no event shall the Vendor be liable for lost profits or other special, indirect or consequential damages of any kind. The total liability of the Vendor to the Buyer under this order shall not exceed two (2) times the purchase order amount. Approved (Risk Manager) 10. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director's authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker. An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 -1775. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Contractor. A. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and Page 2 of 3 [Rev:2.13.2014] mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. B. Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. 11. Tax Withholding. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non - California subcontractors as required by law. 12. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to the date of termination. 13. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney's fees associated with that legal action or proceeding. 14. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase Agreement without the City's prior written approval. This Purchase Agreement is governed by California law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of California, and shall be venued in the County of San Mateo. 15. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Purchase Agreement. 16. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Purchase Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. CITY OF SOUTH SAN FRANCISCO VENDOR A Municipal Corporation By: By: Mike Futrell, City Manager [Name], Authorized Rep Approved as to Form: ATTEST: City Attorney City Clerk [Rev:2.13.2014] Page 3 of 3 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -438 Agenda Date: 7/13/2016 Version: 1 Status: Agenda Ready - Administrative Business In Control: City Council File Type: Staff Report Agenda Number: 6. Report regarding a resolution approving Program Supplemental Agreement No. N024 -REV 1 with the State of California for the Junipero Serra Boulevard and King Drive Intersection Improvements Project in the amount of $797,515 and authorizing the City Manager to execute said Agreement. (Sam Bautista, Principal Engineer) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution approving Program Supplemental Agreement No. N024 -REV 1 with the State of California, for the Junipero Serra Boulevard and King Drive Intersection Improvements Project in the amount of $797,515 and authorizing the City Manager to execute said Agreement. BACKGROUND /DISCUSSION The administration of State and Federally funded local transportation projects is carried out by the benefiting agencies through the Caltrans Local Assistance Program. The City of South San Francisco has a program master agreement in place that gives general authority as an administering agency but administration of individual projects requires entering into project - specific supplemental agreements. The Junipero Serra Boulevard and King Drive Intersection Improvements Project will construct the following improvements: traffic signal upgrades, a speed feedback sign, realign medians, pedestrian island upgrade, new curb ramps that will improve bicycling and pedestrian safety. The Program Supplement Agreement No. N024 -REV 1 authorizes federal funding in the amount of $797,515 for the design, construction, and construction engineering phases of the project. The estimated total cost is $886,150. The City agrees to provide matching funds in the amount of at least $88,635, which is approximately 10.0% of the estimated total cost. FUNDING The funding for this agreement is included in the City of South San Francisco's FY 2014 -2015 Capital Improvement Program. There is no impact on the General Fund. CONCLUSION Approval of the attached resolution will approve the Program Supplemental Agreement and City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -438 authorize the City Manager to execute the Agreement with the State of California on behalf of the City. Execution of the Agreement will allow the City to obtain Federal funds for reimbursement in the amount of $797,515 for the Junipero Serra Boulevard and King Drive Intersection Improvements Project. Attachment: Program Supplemental Agreement No. N024 -REV 1 City of South San Francisco Page 2 Printed on 7/26/2016 PROGRAM SUPPLEMENT NO. N024 Rev. 1 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 04 -5177R Adv Project ID Date: April 1, 2016 0414000462 Location: 04- SM -0 -SSF Project Number: HSIPL - 5177(034) E.A. Number: Locode: 5177 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 06/01/07 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Junipero Serra Blvd @ King Dr TYPE OF WORK. Upgrade Traffic Signal, Sidewalks, Curb Ramps, etc LENGTH: 0.0(MILES) Estimated Cost Federal Funds I Matching Funds MS3E $797,515.00 1 LOCAL I OTHER $886,150.00 CITY OF SOUTH SAN FRANCISCO By Title Date Attest $88,635. $0.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date�� r I $797.515.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 04- 5177R- N024 -R1- ISTEA Page 1 of 6 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLEMENT AND CERTIFICATION FORM PSCF (REV. 0112010) Page 1 of 1 TO STATE CONTROLLERS OFFICE DATE PREPARED: PROJECT NUMBER, Claims Audits 4/1/2016 0414000462 3501 "C" Street, Rm 404 REQUISITION NUMBER/ CONTRACT NUMBER: Sacramento, CA 95816 CT 045177024N FROM: DEPARTMENT OF TRANSPORTATION SUBJECT: ENCUMBRANCE DOCUMENTS VENDOR/ CONTRACTOR: CITY OF SOUTH SAN FRANCISCO CONTRACT AMOUNT: $797,515.00 PROCUREMENTTYPE: LOCAL ASSISTANCE I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE FOR THIS ENCUMBRANCE AND PURPOSE OF THE EXPENDITURE STATED ABOVE. ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654 -6410 of TDD (916) -3880 or whte Records and Forms Management, 1120 N. Street, MS -89, Sacramento, CA 95814. 04- SM -0 -SSF 04/01/2016 HSIPL- 5177 (034) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE - approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations /obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six -month period. If no costs have been invoiced for a six -month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a `Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal- Program Supplement 04- 5177R- N024 -R1- ISTEA Page 2 of 6 04- SM -0 -SSF HSIPL- 5177(034) SPECIAL COVENANTS OR REMARKS 04/0112016 assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal - assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date, H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES ") relating to the federal -aid program, all Title 23 Code of Program Supplement 04- 5177R- N024 -R1- ISTEA Page 3 of 6 04- SM -0 -SSF 04/0112016 HSIPL- 5177(034) SPECIAL COVENANTS OR REMARKS Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project - specific PROGRAM SUPPLEMENT. B. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan /Indirect Cost Rate Proposals (ICAPIICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPS /ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAPIICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT - related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, Program Supplement 04- 5177R- N024 -R1- ISTEA Page 4 of 6 04- SM -0 -SSF 04/01/2016 HSIPL- 5777(034) SPECIAL COVENANTS OR REMARKS 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub - recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300 -10334 (procurement of goods), PCC 10335 -10381 (non -A &E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the F H WA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in Program Supplement 04- 5177R- N024 -R1- ISTEA Page 5 of 6 04 -SM -0 -SSE 04/0112016 HSIPL- 5177 (034) SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200, O. ADMINISTERING AGENCY shall not award a non -A &E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, 1, K, and L under Section 2 of this agreement. Program Supplement 04- 5177R- N024 -R1- ISTEA Page 6 of 6 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -439 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 6a. Resolution approving the Program Supplemental Agreement No. N024 -REV 1 with the State of California for the Junipero Serra Boulevard and King Drive Intersection Improvements Project in the amount of $797,515 and authorizing the City Manager to execute said Agreement. WHEREAS, the City of South San Francisco ( "City ") is eligible to receive federal funding for reimbursement in the amount of $797,515 for design, construction, and construction engineering services under Program Supplement Agreement No. N024 -REV 1 ( "Agreement ") through the State of California Department of Transportation; and WHEREAS, a program supplemental agreement must be executed with the State of California Department of Transportation before any such federal funds can be obtained; and WHEREAS, the City wishes to delegate authorization to execute the Agreement and any amendments with the California Department of Transportation to the City Manager. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves Program Supplemental Agreement No. N024 -REV 1 between the City and the California Department of Transportation. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Manager is hereby authorized to execute Program Supplemental Agreement No. N024 -REV 1 on behalf of the City Council of the City of South San Francisco, subject to approval as to form by the City Attorney, and take any other related action necessary to further the intent of this Resolution. City of South San Francisco Page 1 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Staff Report File Number: 16 -442 Agenda Date: 7/13/2016 Version: 1 Status: Agenda Ready - Administrative Business In Control: City Council File Type: Staff Report Agenda Number: 7. Report regarding a resolution awarding a construction contract to Interstate Grading and Paving, Inc. of South San Francisco, California for the Junipero Serra and King Drive Intersection Improvement Project in an amount not to exceed $699,959 and authorizing a total construction budget of $839,951. (Sam Bautista, Principal Engineer) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution awarding a construction contract to Interstate Grading and Paving, Inc. of South San Francisco, California for the Junipero Serra and King Drive Intersection Improvement Project (Project No. tr1501) in an amount not to exceed $699,959 and authorizing a total construction budget of $839,951. BACKGROUND /DISCUSSION The Junipero Serra and King Drive Intersection Improvement Project is included in the FY 2015 -2015 CIP. Junipero Serra Boulevard is a four -lane divided highway east of Interstate 280. King Street is a two -lane arterial with median separations at its intersection with Junipero Serra Boulevard. The intersection project which will improve safety includes the following: • Redesign existing medians and right -turn islands to improve intersection geometry and provide ADA accessibility; • Replace the numerous, short median traffic signals with over- arching mast arm signals to improve visibility; • Upgrade the traffic signals to provide protected left -turn phasing for King Drive, • Install a speed feedback sign on southbound Junipero Serra Boulevard to increase driver awareness of the posted speed limit; • Construct ADA curb ramps throughout the intersection to improve pedestrian accessibility; • Add pedestrian signal heads with countdown timers at the crosswalks to improve pedestrian safety; and • Extend the Junipero Serra Boulevard bike lanes through the King Drive intersection to improve bicycle safety. On April 8, 2015, the City awarded a consultant agreement to CSG Consultants the civil engineering design of the project. Because it is a federal -aid project, the City followed a City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -442 consultant procurement process that included establishing a project - specific Disadvantaged Business Enterprise (DBE) goal for the consultant, open advertisement for proposals, ranking of received proposals, interview of the top ranking teams to determine the most qualified, and, finally, review of the selected consultant's cost proposal and negotiation of an acceptable fee. On July 1, 2015, the Bicycle and Pedestrian Advisory Committee reviewed the 30% design alternatives. The consultant developed two alternatives; one retaining the existing right -turn channelizing islands at the four corners, albeit in modified form, the second eliminating the islands. The consultant explained that analysis had shown that the second alternative was not feasible because would result in a reduction in the intersection Level of Service (LOS) which would increase vehicle emissions and vehicle queuing. This would have required additional regulatory review and approval resulting in an unacceptable delay in project delivery. On August 13, 2015, the City hosted a community meeting to allow the public to review and comment on the planned safety improvements. Notice of this meeting was mailed to all residences in South San Francisco within 500 feet of the intersection, a total of 90 addresses. Nine members of the community attended and provided comment. The meeting presentation included a summary of the HSIP grant for the project, including the constraints on grant's use and a review of the history of collisions for the intersection. On April 12, 2016 and April 19, 2016, staff advertised the project for construction bids and opened bids on May 17, 2016. Four bids were received, ranging from $699,959 to $763,629. The engineer's estimate was $643,500. Staff and the project manager have reviewed the bid proposals and find the low bid submitted by Interstate Grading and Paving, Inc. to be responsive and responsible. A summary of all bid prices and the engineers estimate is as follows: • Interstate Grading and Paving, Inc. $699,959 • St. Francis Electric $725,533 • Columbia Electric $725,809 • CF Contracting, Inc. $763,629 The engineer's estimate is $643,500. The following is the proposed project construction budget: Construction Contract $699,959 Construction Contingency (10 %) $ 69,996 Administration/Construction Management (10 %) $ 69,996 Total Proposed Project Construction Budget $839,951 City of South San Francisco Page 2 Printed on 7/26/2016 File Number: 16 -442 The construction contingency will be used for construction change orders, if needed to address unforeseen conditions such as unsatisfactory subgrade soil that would prevent completion of the contract work. Because this project uses Federal funds, the contract requires Disadvantaged Business Enterprise (DBE) participation from subcontractors and suppliers. The construction DBE Goals was established at 12.2% and Interstate Grading and Paving has submitted documentation demonstrating that it will meet this goal. The contract time of completion is 120 working days. There is a long lead time to procure traffic signal equipment, so if the contract is awarded, construction will likely start in early fall and be completed early 2017. FUNDING Sufficient funding for the Project is included in the City of South San Francisco's 2015 -2016 Capital Improvement Project (Project No. tr1501). Funding for this project is comprised of Federal grant funds and a local match of Measure A funds. CONCLUSION Approval of the resolution will allow award of a contract to construct the Junipero Serra and King Drive Intersection Improvements in accordance with the City's Highway Safety Improvement Program (HSIP) grant for the project. This project will make the intersection safer for bicyclists and pedestrians. Staff recommends that the City Council adopt a resolution awarding a construction contract to Interstate Grading and Paving, Inc. of South San Francisco, California for the Junipero Serra and King Drive Intersection Improvement Project (Project No. tr1501) in an amount not to exceed $699,959 and authorizing a total construction budget of $839,951. Attachments: 1. Project Intersection Plan View 2. Draft Construction Contract City of South San Francisco Page 3 Printed on 7/26/2016 _ - _ I O \ H __ 23fi.88 238.49 2 .114 \ Q - - 8.98 6. x33S�237162' 2 81 BRICK PAVER BAND 6 EXISTING 5 VERTICAL CURB \ Z o 237 84� O `� (E) ISLAND AND \ _ o VERTICAL CURB ° _ -� ° �s xz _ - A 23L38 239 4 46 D s� s / T- x 9 0 '' m LIMITS OF UARY u''1� ":r "�'1e�:f1 .,, \'...h L ,.� °� LID H 41. - SEAL 24,,50 ~ xi u 240.37 INV'. ,6± 241.11 8] / _tZ :^,.,•.1 •.:n* _ EXISTING za1. x �- 201.16 241.0202,2 12 "4 AC PLUG CLASS II AB CLASS II AB 24111 ��N➢ 094, DEPTH VARIES RT TURN ISLAND - o 11 CASE CM RAMP x42.39 2; 242.16 2+2.74 0' 20' 40' 60' / �21(,79 2 83 242. N 242.6 242.)6,2.88 24382.01 SECTION A -A SS II 1 20' w Z a. RIGHT' SIGN o °NTS o .BB S ;;IAL. 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R= 4675.48 246.04 o.. .99 25052 M���/'% IGN T� 249.41 m x 249.78 �SL x 250.28 247.83 JJJ x249.97 SPEED LIMIT 0 0 `O ox 12' DEEP FT -- X249.3) r.i SIGN LIMITS OF SLURRY o 2 O O 248.79 248 K 250.12 I \ 244.47 O + 1 2 250.2fi � .250.52 SEAL 243. o 244.48 246. / + _ T� R :2 248.50 249.62 249.89 = -250 1 .,250.92 / 4I IPERO SERRA BLVD. •, CONIC VERTICAL CURB �z56.99 '- - -• .i9 24657- x.;0:41 AC 13f LF 6 F u 4 d • a 24.70 12" EEP IFi --2..-- 249.m x 2- - - Si HMA .253 F -sa9se o i OO CONSTRUCTION 12' DE s LIFT - j 1°77 m a�cE MIT \.. ®677 � RNOTE 1 \. 836 SF SO RN ISLAND 4 -` to 2 CALTRANS CASE C G 7RAN5 MA 4 B2 2:471 (33(�� _ - 0 v1 242.5 x x 243.09 A C BER 92 - /I 2 69'/ �. 248.29 w 242.0 1,4 247. EDGE OF PAVEMENT 2984a 248.83 249.08 U V O 24224 / / 247.58 245.61 / ,699 r / x 244.99 "BIKE LANE" 5,47 °° ° /// u x 24 x 24564 A9 G TRANS 7 736 C %j/ e / 24).40 4747.97 "BIKE IGN LANE" N p O x 243. 244.04 SIGN 2 MAI ° / /'� �J 848.05 SIGN 'YIELD' ?1. 1, �/ /J G%/ • // z4zvy? 4261 a �i rn a 245.08 245.23 1 / 91 /^ // / .88 240.59 249.71 B / A z4aw GA GAS 9 NOR ST RT TUR ND /l /i/ a APT .ee VAVL VAVL 24 'YI N L w 24525 z A_NS CASE C P � � 247 / -24298 \x 247.13 247.0 ' HMA I T 47.$6 / � N u - - . 12 DEEP LIFT z /;I °° 47. - - c 1'R �� x z54ea - - .246.e3 194 SF ( / i�tI 1/3F 9� x ssaz3 x 251.77 R.G.w /- - INE x 248.97 24" x 248,63 APT. - - 2 /24L87 3 x4758 x 2 x 247.2 x 248.74 L' 246 ST~ 2 ) 247.25 247. IN 237.6 / / 247A L4, x _x248.28 /a INV 24 6 LATTICE F % 7k 249.23 53 ' y x x x x .8fi .• L 47.20 / /0 247.1 247.6 255.88 255. 247.98 X 'Ix IN �/ 2 BLOCK WA LLA4 IRON FENCE .7� / 247.54 ,' / R KING 259.51 1� s � iT4s59co�r149Fi LANG , r / /� 'sIGN Q as MAT,CN (E) PA .r / 2777 �G1rG1Y l/: 4j1I: `J 2 Jr /� 24748 2093 /\ 24 24& SLURRY -SEAL 5,968 SY 2 /�I +00 H 464v /%34 97 z 16 z {86 APT: 50 +93.94, 247.72 OZ IN 11 47{88 j/ 24L65 PAVEMENT REPAIR - 6" DIGOUT 259 SF i 24821 249- / 248,80 WEST MEDIAN IS ND SLAND SIDEWA LK 1 1 5 ,a DIG -OUT TABLE NO. L X W (FT) AREA (SF) O7 15 X 6 90 2 6 X 8 42 O3 12 X 4 48 ® 8 X 8 64 SIDEWALK REPAIR TABLE NO. AREA (SF) 11 74 ❑2 18 O Z F_ Q -i arc, d p Z 0 Lj W CONCRETE I,336 W Q 0p a 48 67 •• • • ' .. ' 'r T- . 1 /� p 8,18 24855 6., CURB & GUTTER REPAIR TABLE W < 2' 48 76 248,10 2 W 909 T .E \I. LI 1 \::' \ JS4 N0. LENGTH (FT) i g NEW AC, 12" DEEP LIFT 260 TONS 250.32 z B 16 C! C L =2081 Rd245.1� 0 a C) w N 53.4249.31 248.97 f =48.39'16•' N w in DETECTABLE WARNING SURFACE 272 SF /4950 24890 - d 49 40 252.47 J Z 251.71 49.97 24932497722 Z O HARDSCAPE - ISLAND BRICKS 187 SF 5 9.66 LIMITS OF2SL�RRY9 CONSTRUCTION NOTES: > Z Y N EXISTING BUILDING 549. SEAL 5 1. CONTRACTOR SHALL REGRADE A MINIMUM OF 2' IN FRONT OF U 'EAVES APARTMENTS' 1 (E) RIGHT TURN LANE AS TO NOT CREATE A LOW SPOT IN O HARDSCAPE - STAMPED CONCRETE 598 SF 043 2059 FRONT OF NEW PASSAGEWAY LOCATION. QFtOFESS/0 } so.w / 251.05 255.8 O E� F/ •• F- 23 zw.n. 42 iso as 2. REMOVE (E) COBBLES AT NEAREST WHOLE STONE. 6, V`j,P S,S, pf, w U 25°3' APPEARANCE OF EDGE MUST BE APPROVED BY ENGINEER �% :. 1 i,.• •r r 1 25255 W f^ •r�, r / 0.84 051 ^'.1i0�B5 'p 8>• F ,^ r1 • 1 CLASS 2 AB LANDING 8 SY / PRIOR TO PLACEMENT OF BRICK PAVERS. � '�.i ,`t ",, :' ✓ ✓✓ 1 zt N..0 550 A k '', 015146 - EET 3 25166 5.6 2 }0211 Z L OF V• \25205 zsz.m 251.64 �u �� ,.ee zsz. J Tf OF CAUFO 10 251.67 51.8$ 25232 ', rDATE 4 O6 1 252.19 25227 BIDSET 25492 252.03 04/06/16 15.329 54.29 CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION PART II PROJECT NAME: JUNIPERO SERRA BOULEVARD & KING DRIVE INTERSECTION IMPROVEMENTS PROJECT PROJECT NO. TR1501 ENGINEERING FILE NO. TR -14 -1 CONTRACTOR NAME: INTERSTATE GRADING & PAVING, INC. 128 SOUTH MAPLE AVENUE SOUTH SAN FRANCISCO, CA 94080 BID NUMBER: 2585 AGREEMENT FOR PUBLIC IMPROVEMENTS GENERAL PROVISIONS 315 MAPLE AVENUE SOUTH SAN FRANCISCO, CALIFORNIA 94080 (650) 829 -6652 -12- FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS Attachment A — Escrow Agreement for Security Deposits in Lieu of Retention -13- 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. Time for Performance A -2 6. Rights of City to Increase Working Days A -2 7. Option of City to Terminate Agreement in A -2 Event of Failure to Complete Work 8. Termination of Contract for Convenience A -3 9. Liquidated Damages A -5 10. Performance by Sureties A -5 11. Care of the Work A -5 12. Payments to Contractor A -5 13. Contract Security A -6 14. Hold - Harmless Agreement and Contractor's Insurance A -7 15. Insurance A -7 16. Proof of Carriage of Insurance A -8 17. Emergency - Additional Time for Performance A -8 Procurement of Materials 18. Provisions Cumulative A -9 19. Notices A -9 20. Interpretation A -10 Attachment A — Escrow Agreement for Security Deposits in Lieu of Retention -13- FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this 13th, day of July, 2016, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called "CITY" and INTERSTATE GRADING & PAVING, INC., hereinafter called "CONTRACTOR "'. WITNESSETH: 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 JULY 13, 2016, notice duly given, the City 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: 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 JUNIPERO SERRA BOULEVARD & KING DRIVE INTERSECTION IMPROVEMENTS PROJECT, PROJECT NO. TR1501, BID NO. 2585; 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: This Agreement; Notice Inviting Bids; the Accepted Bid; the complete plans, profiles, detailed drawings, Standard Plans and Specifications, including Standard Specifications, General Provisions, Special Provisions and Technical Provisions; Faithful Performance Bond; Payment Bond; Bid Schedule and Wage Scale. 'The 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. -14- 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: JUNIPERO SERRA BOULEVARD & KING DRIVE INTERSECTION IMPROVEMENTS PROJECT, PROJECT NO. TR1501, BID NO. 2585. 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 Six Hundred Ninety Nine Thousand, Nine Hundred and Fifty Eight Dollars and Seventy Cents ($699,958.70). Said price is determined by the lump sum price contained in Contractor's 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. Time for Performance. The Contractor shall complete the Work called for under the contract in all parts and requirements within one hundred and twenty (120) working days as defined in the Special Provisions. The Engineer shall furnish the Contractor a monthly statement showing the number of working days charged to the contract for the preceding month, the number of working days specified for the completion of the contract, and the number of working days remaining to complete the contract. 6. 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) 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. 7. Option of City to Terminate Agreement in Event of Failure to Complete Work. If Contractor shall have 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 -15- 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 (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. 8. 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 7- 1.16, "Contractor's Responsibility for the Work and Materials," of the Standard Specifications 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. (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 9 -1.06, "Partial Payments," of the Standard Specifications 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: -16- (1) The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 9 -1.06, "Partial Payments," of the Standard Specifications 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: (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 8 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 9- 1.0713, "Final Payment and Claims," of the Standard Specifications 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 17- 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 8 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 8 shall prevail. 9. Liquidated Damages. If the overall deadline for project completion and/or any of the milestone deadlines are not met and/or particular contract requirements are not met, damages will be sustained by the City, and it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain. As such the Contract will be subject to the liquidated damages named in the Special Provisions or $1,000 per calendar day, whichever is greater, and should the Contractor fail to meet any milestone deadline or overall project deadline or fail to meet particular contract requirements as named in the general provisions. 10. 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 have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) 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) 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." 11. Care of the Work. Contractor has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors, and limitations affecting the performance of this Agreement. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. 12. Payments to Contractor. (A) Monthly Progress Payments. On or before the tenth day of each and every month during the progress of the Work following the Notice to Proceed, Contractor shall submit to the City Engineer a complete itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract sum applicable thereto. On approval in writing of said statement by the Engineer, the payment request shall be submitted to the City Council for approval and within ten (10) days after approval thereof by the City Council, City shall pay Contractor a sum based upon ninety -five percent (95 %) of the contract price apportionment of the labor and materials incorporated into the improvement under the contract during the month covered by said statement. (B) Notice of Completion and Final Payment. City shall file with the County Recorder's Office a Notice of Completion within ten (10) days after said improvements shall have been completed and accepted by City and written proof of said filling shall be delivered to the City Clerk. The remaining five percent (5 %), less that amount withheld by City to correct defective work or otherwise complete the contract, shall be paid Contractor thirty (30) days after recordation of the notice of completion of the Work, on duly certified voucher therefore, after Contractor shall have furnished City with a release of, or bond against all claims against City, if required by City, arising under and by virtue of this contract, and work done, and materials furnished hereunder. In the event that there are any claims specifically excepted by Contractor, if permitted by City, from the operation of the release, there shall be retained by City stated amounts to be set forth therein and approved by the Engineer. If there be any claims filed against the Work, City shall withhold final payment until the validity of such claims shall have been properly determined and in this regard City is hereby empowered to pay directly to claimant the full amount of any valid claims. (C) Escrow Account for Retention. Pursuant to Chapter 13 (commencing with Section 4590) Division 5, Title 1 of the Government Code of the State of California, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally Chartered Bank as the escrow agent, who shall release such securities to Contractor following the expiration of thirty (30) days from the date of filing of a Notice of Completion of the Work by City, unless such securities are to be withheld by City to correct defective work or otherwise complete the contract or are subject to withholding by City to satisfy stop notices or other calms and costs associated therewith. The request for substitution of securities to be deposited with the City, or with a State or Federally Chartered Bank as escrow agent, shall be submitted on the form entitled "Supplemental Agreement No. _ Substitution of Securities for Funds Withheld ", which, when executed by the Contractor and the City, shall constitute a Supplemental Agreement forming a part of this Contract. The City shall have thirty (30) days from receipt of any written request, properly completed and signed by the Contractor and, if applicable, accompanied by an escrow agreement in a form acceptable to City, to approve said request and effect the substitution. City shall not unreasonably withhold approval of said request. City shall determine the value of any security so deposited. Such Supplemental Agreement, see Attachment A, and any escrow agreement shall provide for the release of the securities to Contractor as set forth herein and shall also set forth the manner in which City may convert the securities or portions thereof to cash and apply the proceeds to the accomplishment of any purposes for which moneys may be withheld and utilized as described in this Contract, including but not limited to the completion of the contract, correction of defective work and the answering of any stop notice claims and litigation cost thereof. Securities eligible for investment under this Section shall be those listed in California Government Code Section 16430 or bank or savings and loan certificates of deposit. -19- The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. 13. Contract Security. Concurrently with the execution hereof, Contractor shall furnish: (1) a surety bond in an amount equal to at least one hundred percent (100 %) of the contract price as security for the faith performance of this contract; and (2) a separate surety bond in an amount equal to at least one hundred percent (100 %) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract in accordance with Section 4200 -4208, inclusive, of the Government Code of the State of California. Sureties on each of said bonds and the form thereof shall be issued by a California- admitted surety, satisfactory to the City and be approved by the Engineer. 14. 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. 15. 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 the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement ". (B) Comprehensive General Liability Insurance. -20- 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) 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, 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. 16. 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) 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 -21- 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 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. 17. Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the Federal or State government restricts, regulates or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulation or controls, Contractor is, through no fault of Contractor, unable to perform this agreement, or the work is thereby suspended or delayed, any of the following steps may be taken: (A) City may, pursuant to resolution of the Council, grant Contractor additional time for the performance of this agreement, sufficient to compensate in time, for said delay or suspension. To qualify for such extension of time, Contractor, within ten (10) days of Contractor's discovering such inability to perform, shall notify the Engineer in writing thereof and give specific reason therefore; Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in Work in accordance with other provisions of this agreement. Substituted materials, or changes in the Work, or both, shall be ordered in writing by the Engineer and the concurrence of the Council shall not be necessary. All reasonable expenses of such procurement incurred by the Engineer shall be defrayed by Contractor; or (B) If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days written notice to the other, terminate this agreement. In such event, the Contractor shall be compensated for all work executed upon a unit or upon a cost -plus ten percent (10 %) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided that Contractor shall take all steps possible to minimize this obligation; or (C) City Council, by resolution, may suspend this agreement until the cause of inability is removed, but for a period not to exceed (30) days. If this agreement is not cancelled and the inability of Contractor to perform continues, without fault on Contractor's part, beyond the time during which the agreement may have been suspended, as herein provided, City Council may further suspend this agreement, or either party hereto may, without incurring any liability, elect to declare this agreement terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council, by resolution, and, Contractor shall be notified in writing thereof within five (5) days after the adoption. In such event, the Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been performed; or (D) City may terminate this agreement, in which case Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been performed. Such termination shall be authorized by resolution of the Council. Notice thereof shall be forthwith given in writing to Contractor and this agreement shall be terminated upon receipt by -22- Contractor of such notice. In the event of the termination in this subparagraph (D), none of the covenants, conditions or provisions hereof shall apply to the work not performed and City shall be liable to Contractor only for the proportionate compensation last herein mentioned. 18. Provisions Cumulative. The provisions of the Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 19. 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: r 20. Interpretation. As used herein, any gender includes each other gender, the singular included the plural and vice versa. -23- 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 Clerk ATTEST: City Attorney CITY: City of South San Francisco, a municipal corporation Mike Futrell, City Manager CONTRACTOR: UIR w -24- Contractor is an individual, so state. tractor is a Corporation, a corporate seal ignatures of the President or Vice President 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 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. SAP 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. -25- 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 two 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: Title Name On behalf of Contractor: Title Name Signature Signature Address IL Address On behalf of Escrow Agent: Ii Title Name Signature Address At the time the Escrow Agent is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. -26- IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Title Name Signature Approved as to form: City Attorney r, r,q L Contractor: Title Name Signature -27- ttest: ty Clerk GENERAL PROVISIONS TABLE OF CONTENTS SECTION Page No. SECTION I - DEFINITION OF TERMS GP -1 SECTION II - PROPOSAL REQUIREMENTS GP -3 1. General Information 2. Proposal Form 3. Bid Prices to Cover Entire Work 4. Examination of Plans, Specifications, Special Provisions and Site of Work 5. Proposal Guaranty 6. Rejection of Proposals Containing Alterations, Erasures or Irregularities 7. Competency of Bidders — Proposal Requirements 8. Subcontractors SECTION III - AWARD AND EXECUTION OF CONTRACT GP -5 1. Award of Contract 2. Return of Proposal Guaranties 3. Contract Bonds 4. Liability Insurance Required 5. Execution of Contract SECTION IV - SCOPE OF WORK 1. Work to be Done 2. Safety Program 3. Removal of Obstructions 4. City Directed Change Orders 5. Alterations 6. Contractor Proposed Change Orders 7. All Change Orders 8. Change Order Pricing 9. Liability for Unapproved Change Orders 10. Change Order Disputes SECTION V - CONTROL OF WORK U 1. Authority of the Engineer 2. Conformity with Plans 3. Coordination of Plans, Specifications and Special Provisions 4. Conflict between Parts of Contract Documents GP -6 GP -9 5. Interpretation of Plans and Specifications 6. Superintendence 7. Lines and Grades 8. Inspection 9. Removal of Defective and Unauthorized Work 10. Final Inspection 11. Record Drawings 12. Cost Reduction Incentive SECTION VI - CONTROL OF MATERIALS 1. Source of Supply and Quality of Materials 2. Defective Materials GP -14 3. Samples and Tests 4. General Materials and Substitutions Requirements 5. Storage or Disposal of Materials Outside of the Right of Way 6. Construction and Demolition Waste Management Plan (WMP) SECTION VII - LEGAL RELATIONS AND RESPONSIBILITY 1. Laws to be Observed 2. Trench Safety and Differing Subsurface Conditions 3. Hours of Labor 4. Review of Per Diem Rates 5. Prevailing Wage 6. Registration of Contractors 7. Permits and Licenses 8. Patents 9. Contractor's Field Office 10. Utilities 11. Contractor Cooperation & Coordination 12. Public Convenience 13. Public Safety 14. Preservation of Property 15. Responsibility for Damage 16. Contractor's Indemnities 17. Contractor's Responsibility for Work 18. Portion of Work which may be Placed in Service 19. No Personal Liability 20. No Abrogation of Codes, Standards, Laws and Ordinances 21. Guaranty 22. General Safety Requirements 23. Fair Employment Provisions 24. Employment of Apprentices SECTION VIII - PROSECUTION AND PROGRESS 1. Subcontracting 2. Assignment 3. Time of Completion and Statement of Working Days -29- GP -17 GP -29 4. Progress of the Work and Time of Completion 5. Character of Workers 6. Temporary Suspension of Work 7. No Contractor Damages for Avoidable Delays 8. Impact of Unavoidable Delays 9. No Contractor Damages for Contractor Caused Delay 10. No Contractor Damages for Delay Not Caused by the City, Delay Contemplated by the Parties, or other Reasonable Delay 11. Delays Caused by the City and/or Its Privities 12. Delay Claims 13. Contractor Coordination of the Work 14. Liquidated Damages 15. Suspension of Contract 16. Communications 17. Audit and Examination of Records 18. Project Schedule SECTION IX - MEASUREMENT AND PAYMENT 1. Measurement of Quantities 2. Progress Payments 3. Scope of Payment 4. Stop Notice Retention 5. Progress Payment Deductions 6. Acceptance of the Work 7. Final Payment 8. Travel & Subsistence Payments 9. Notice of Potential Claim 10. Claims 11. False Claims Affidavit 12. Claims Processing and Review 13. Extra Work r 14. Force Account Work -30- T GP -37 SECTION I DEFINITION OF TERMS 1. Bidder. Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. 2. Calendar Day. A calendar day shall be any day including all legal holidays, Saturdays, and Sundays. 3. City. The City of South San Francisco, State of California, acting through the City Council, or other duly authorized agents. 4. Contract. The written agreement covering the performance of the work. The complete contract includes the Agreement for Public Improvements, the Notice Inviting Bids, the proposal, plans, specifications, contract bonds, and all supplemental agreements affecting the work. 5. Contractor. The person or persons, firm, partnership, corporation, or combination thereof, private or municipal, who have entered into the contract with the City, or the City's legal representative. 6. Engineer or Works Engineer. The duly appointed Engineer of the City of South San Francisco, acting directly or through properly authorized agents limited by the particular duties entrusted to them. L & 7. Inspector. The Inspector or Inspectors of the Engineer of the City of South San Francisco, limited by the particular duties entrusted to them. 8. Notice of Award. Written notice from the City to the successful lowest responsive and responsible bidder stating that upon compliance with all contract prerequisites and conditions, the City will execute the Contract with that bidder for the Work. 9. Notice to Proceed. Written notice from the City to the Contractor setting a date on which Contract time will start and authorizing the Contractor to proceed with the Work. 10. Plans. The drawings, or reproduction thereof, approved by the Engineer, pertaining to the work, and made a part of the contract, including City's Standard Drawings and Caltrans' Standard Plans dated May 2006. 11. Specifications. The information, directions, provisions, and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specifications, General Provisions, those administrative subsections of Caltrans' Standard Specifications that are specifically referenced in this Contract and the non - administrative sections (Sections 10 through 95) of Caltrans' Standard Specifications dated May 2006. -31- 12. Superintendent of Streets. The Engineer (Ex- officio Superintendent of Streets) of the City of South San Francisco, acting directly or through properly authorized agents. 13. The Work. The improvement, structure, project, or construction contemplated in the contract, the furnishing of all necessary labor, materials, tools and other devices, and the doing or performing by the Contractor of all things required to be done for the fulfillment of the contract as provided therein. 14. Working Day. A working day is defined as any day, except as follows: a. Saturdays, Sundays and Legal Holidays; b. Days on which the Contractor is prevented by inclement weather or conditions resulting immediately there from adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations; c. Days on which the Contractor is prevented, by reason of requirements in the "Maintaining Traffic and Working Hours" section of the Special Provisions, from working on the controlling operation or operations for at least 60 percent of the total daily time being currently spent on such controlling operation or operations; d. The current controlling operation or operations are defined to include any feature of the work (e.g., an operation or activity, or a settlement or curing period) considered at the time by the Engineer, which if delayed or prolonged, will delay the time of completion of the Work; or e. Legal Holidays are defined as those holidays observed by the City of South San Francisco as specified in the current Memorandum of Understanding (MOU) between the City of South San Francisco and the American Federation of State, County and Municipal Employees, Local 1569, AFL -CIO, except that half holidays in the MOU shall be considered full holidays under the Contract. -32- SECTION II PROPOSAL REQUIREMENTS 1. General Information. Sealed proposals, addressed to the City Council of the City of South San Francisco, will be received by the Purchasing Officer and will be publicly opened and read at the time and place stated in the Notice to Inviting Bids. Any bid may be withdrawn at any time prior to the hour fixed in the Notice Inviting Bids for the opening of the bids provided that a request in writing, executed by the bidder or the bidder's duly authorized representative, for the withdrawal of such shall not prejudice the right of a bidder to file a new bid. 2. Proposal Form. The City will furnish to each bidder a standard proposal form, which, when filled out and executed shall be submitted as their bid. Bids not presented on forms so furnished may, in the City's sole discretion, be deemed non- responsive and rejected on that basis. On all bid items for which bids are to be received on a unit price basis, the unit price for all items bid shall be shown, as well as the extended price (unit price multiplied by the number of units shown on the proposal form) for each bid item bid. In the case of any discrepancy between the extended price for any bid item bid, the unit price multiplied by the number of units shall prevail. In the event of any discrepancy between the total contract amount and the sum of the extended prices of all items, the sum of the extended prices of all items shall prevail. The proposal shall set forth the item prices and totals, in clearly legible figures, in the respective spaces provided and shall be signed by the bidder, who shall fill out all blanks in the proposal form as therein required. The bidder shall also fill out all blanks in the proposal forms for any alternative to the project proposed by the City; failure to do so may, in the City's sole discretion, result in the proposal being considered non - responsive and rejected on that basis. 3. Bid Prices to Cover Entire Work. Payment for the work done under this contract shall be as set forth on the Bidder's Sheet for Proposal. Bidder shall include the entire cost of the work contemplated in the contract, as required by the plans, drawings, specifications, Special Provisions, and General Provisions: and, furthermore, it shall be understood and agreed that the cost of all labor, materials and equipment and all incidentals expense of whatever nature necessary to complete the Work is included. Any part of the Work which is not mentioned in the Specifications, and/or in the Special Provisions, but is shown on the plans, or any part not shown on the plans but described in the Specifications and/or in the Special Provisions, or any part not shown in the plans nor described in the Specifications or Special Provisions, but which is reasonably implied by either, or is necessary or usual in the performance of such work, shall be performed as incidental work, without extra cost to the City, by the Contractor as if fully described in the Specifications or Special Provisions and shown on the plans, and the expense thereof shall be included in the total bid. -33- 4. Examination of Plans, Specifications, Special Provisions, and Site of Work. The bidder is required to examine carefully the site of and the proposal, plans, specifications, and correct forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. The City will not be responsible for any loss or unanticipated cost incurred by the Contractor as a result of the Contractor's failure to estimate in advance all conditions pertaining to the Work, including underground facilities and sewers that may have to be relocated. 5. Proposal Guaranty. All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond, made payable to the City of South San Francisco, for the amount equal to at least ten per cent (10 %) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, or certified check, or bidder's bond is enclosed therewith. 6. Rejection of Proposals Containing Alterations, Erasures, or Irregularities. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. 7. Competency of Bidders - Proposal Requirements. Before entering into a contract, the bidder shall satisfy the City that he possesses adequate equipment and has the necessary experience and forces to perform the Work in the manner set forth in these specifications. He shall be a licensed Contractor in the State of California. A City of South San Francisco license will be required before the contract for the Work is signed by the City. 8. Subcontractors. Proposals shall comply with the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 et seq). Pursuant to Section 4104 of said Act, bidder shall in the bid set forth: a. The name and the location of the place of business of each sub - contractor who will perform work or labor or render service to the prime Contractor in or about the construction of the Work or improvement in an amount in excess of one -half of one percent of the prime Contractor's total bid. b. The portion of the Work, which will be done by each such subcontractor under this Act. The prime Contractor shall list only one subcontractor for each of such portions as is defined by the prime Contractor in the Contractor's bid. -34- SECTION III AWARD AND EXECUTION OF CONTRACT 1. Award of Contract. The City reserves the right to reject any and all proposals. The award of the contract, if it is awarded, will be to the lowest responsible bidder, and will be made within sixty (60) calendar days after the opening of the proposal. All bids will be compared on the basis of the Engineer's cost estimate. 2. Return of Proposal Guaranties. Within ten (10) working days after the execution of the Contract, the City will return the proposal guaranties accompanying the proposals that are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. 3. Contract Bonds. The bidder to whom the contract is awarded shall execute a performance bond satisfactory to the City for the Faithful performance of the Work in a sum equal to the amount of the contract. A payment bond shall be furnished securing the claims of persons employed by the Contractor and the claims of persons who furnish materials, supplies or equipment used or consumed by the Contractor in the performance of the Work. This bond shall be in a sum equal to the amount of the contract. 4. Liability Insurance Required. See Section 14, "Hold - Harmless Agreement and Contractor's Insurance" and Section 15, "Insurance" of the Agreement for Public Services. 5. Execution of Contract. The contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) working days, after the bidder has received the Notice of Award. Failure to execute the contract and file acceptable bonds within the specified time shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. -35- SECTION IV SCOPE OF WORK 1. Work to be Done. The work to be done consists of furnishing all labor, materials, methods or processes, implements, tools, and machinery, except as otherwise specified, which are required to construct and put into complete order for use the Work described in the Special Provisions, and to leave the grounds in a neat condition. 2. Safety Program. a. The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety and to all requirements as set forth in the State of California Construction Safety Orders (CAUOSHA), and in particular, Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings. Within ten (10) working days following Notice of Award the Contractor must submit to the City a copy of the Contractor's Safety Plan. b. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. 3. Removal of Obstructions. The Contract shall remove and dispose of all structures, debris, or other obstructions of any character to the Work to be performed. 4. City Directed Change Orders. The City may, at any time during the progress of the Work, direct any amendments to the Work or any of the Contract Documents. Such amendments shall in no way void the Contract, but will be applied to amend the Contract Price, if such amendments affect the Contract Price, the Project schedule (if such amendments affect the Project schedule), or any other provision of the Contract Documents based on a fair and reasonable valuation of the amendment in accordance with this Section IV. 5. Alterations. Subject to the provisions of Section 4 -1.03, "Changes" of the Standard Specifications and unless otherwise specified, the City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the Engineer, also to make such alterations or deviations, additions to, or omissions from the plans and Specifications, as may be determined during the progress of the Work to be necessary and advisable for the property completion thereof. Upon written order of the Engineer, the Contractor shall proceed with the Work as increased, decreased or altered. When alterations in plans or quantities of work are ordered and performed, the Contractor shall accept payment in full at the contract unit price for the actual quantities of work done. No allowance will be made in any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as stipulated in such agreements. -36- 6. Contractor Proposed Change Orders. The Contractor shall submit proposed changes to the Engineer no later than 15 days before the proposed change. 7. All Change Orders. All change orders or amendments to Contract Documents must be approved by the Engineer prior to the change or amendment and must be evidenced by a writing executed by authorized representatives of the City and the Contractor. All change order proposals must specify any change in the Project schedule, or any project milestone, including, but not limited to, the Time for Completion, under the change order. It is understood that change orders that do not specify a change in any milestone, including, but not limited to, the Time for Completion, may be accomplished by the Time for Completion then in effect. 8. Change Order Pricing Change order pricing for all change orders, whether additive, deductive, or both, will be governed by the following: a. Prices specified in the Contract Documents will apply to cost impacts involving items for which the Contract Documents specify prices. b. Cost impacts involving items for which the Contract Documents do not specify prices, charges or credits will be paid on a time and materials basis in accordance with the following. All costs listed in this Subsection (b) will constitute incidentals, full compensation for which will be deemed included in the markups for labor, material, and equipment specified below, and no additional compensation for such cost impacts will be allowed: (1) Labor. The Contractor will be paid the cost of labor for workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the work, plus a fixed mark up of 15% of such labor cost. (2) Materials. Materials costs will be the direct costs for materials actually exhausted, consumed, or entering permanently into the Work, plus a fixed markup of 15% of such direct materials costs. (3) Equipment. All equipment used will be paid in accordance with the established rates for equipment rental in the Contract Documents, plus a fixed markup of 10% of each such equipment rates. (4) Subcontractors. The Contractor will be paid the cost of Subcontractors plus a fixed markup of 5%. The additional 5% markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a Subcontractor. 9. Liability For Unapproved Change Orders. The Contractor will be solely responsible for any and all losses, costs, or liabilities of any kind incurred by the Contractor, any subcontractor engaged in the performance of the Work, any party supplying material or equipment for the Work or any third party that is /are retained pursuant to Contractor - proposed change orders prior to issuance of an approved change order executed according to the terms of this Section IV. The Contractor shall have all of the obligations and the City -37- will have all of the rights and remedies that are specified in these Contract Documents concerning any work or resulting losses, costs, or liabilities pursuant to an unapproved Contractor- proposed change order. 10. Change Order Disputes. a. Disputed City - Directed Change Orders. If the Contractor disputes a City - directed change order following a reasonable effort by the City and the Contractor to resolve the dispute, including, at a minimum, a meeting between appropriate representatives of the Contractor and the City, the Contractor must commence performing the Work consistent with the disputed change order within five (5) working days of the last meeting between representatives of the Contractor and the City to resolve the dispute, or within the time specified in the disputed City- directed change order, whichever is later. In performing work consistent with a disputed City - directed change order pursuant to this provision, the Contractor will have all of the Contractor's rights concerning claims pursuant to the Contract Documents and applicable law. b. Disputed Contractor - Proposed Change Orders. If the City disputes a Contractor - proposed change order, the City and the Contractor will use reasonable efforts to resolve the dispute including, at a minimum, holding a meeting between appropriate representatives of the Contractor and the City. Regardless of and throughout any such efforts to resolve the dispute, the Contractor must continue performing the Work irrespective of and unmodified by the disputed change order. In continuing to perform the Work, the Contractor will retain all of the Contractor's rights under contract or law pertaining to resolution of disputes and protests between contracting parties. Disputes between the City and the Contractor concerning any Contractor - proposed change order or other amendment do not excuse the Contractor's obligation to perform the Work in accordance with the Contract Documents excluding such Contractor - proposed change order or other amendment by the Time for Completion or waive any other Project milestone or other requirement of the Contract Documents. SECTION V CONTROL OF WORK 1. Authority of the Engineer. The Engineer shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final and he shall have authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. 2. Conformity with Plans. Finished surfaces in all cases shall conform to the lines, grades, cross - sections and dimensions shown on the approved plans. 3. Coordination of Plans, Specifications, and Special Provisions. These specifications, general provisions, special provisions, standard specifications, plans and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe and to provide for a complete work. 4. Conflict Between Parts of Contract Documents. If there is any conflict between the requirements of the various contract documents, the following shall be the order of precedence (in order from highest precedence to lowest): a. Agreement for Public Improvements b. Special Provisions C. Technical Specifications d. Drawings e. City Standard Drawings f. General Provisions g. Standard Specifications h. Standard Plans 5. Interpretation of Plans and Specifications. Should it appear that the work to be done or any matter relative thereto are not sufficiently detailed or explained in the these specifications, plans, and the Special Provisions, the Contractor shall apply to the Engineer well in advance of the time a clarification is needed for such further explanations as may be necessary and shall conform to those explanations as part of the contract, so far as may be consistent with the original specifications. The Engineer's decision regarding definitions or clarifications will be final. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. 6. Superintendence. Contractor shall give personal superintendence to the work on said improvements or have a competent foreman or superintendent, satisfactory to the Engineer, at the work site at all times during progress with authority to act for the -39- Engineer. Whenever the Contractor is not present on any part of the work site where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the Superintendent or foremen in charge of the particular work in reference to which the orders are given. 7. Lines and Grades. Contractor shall be responsible to set lines and grades for construction. 8. Inspection. The Engineer shall at all times have access to the Work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials used and employed in the Work. Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. The inspection of the Work shall not relieve the Contractor of any of the Contractor's obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated for payment. 9. Removal of Defective and Unauthorized Work. All work, which has been rejected, shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be removed, and to deduct the costs from any monies due or to become due the Contractor 10. Final Inspection. Whenever the Work provided and contemplated by the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make the final inspection. 11. Record Drawings. The Contractor shall keep and maintain, on the job site, one record set of Drawings. On these, the Contractor shall mark all project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated in the Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to indicate, fully, the work as actually constructed. These master record drawings of the contractor's representation of as built conditions, including all revisions made necessary by addenda, change orders, and the like shall be maintained up to date during the progress of the work. In the case of those drawings which depict the detailed requirements for equipment to be assembled and wired in the factory, such as motor control centers and the like, the record drawing shall be updated by indicating those portions which are superseded by change order drawings or final shop drawings, and by including appropriate reference information describing the change orders by number and the shop drawings by manufacturer, drawing, and revision numbers. Record drawings shall be accessible to the Engineer at all times during the construction period and shall be delivered to the Engineer upon completion of the Work. Final payment will not be approved until the Contractor prepared record drawings have been delivered to the Engineer. Said up to date record drawings may be in the form of a set of prints with carefully plotted information as approved by the Engineer. Upon substantial completion of the Work and prior to final acceptance, the Contractor shall complete and deliver a complete set of record drawings to the Engineer for transmittal to the City, conforming to the construction records of the Contractor. This set of drawings shall consist of corrected plans showing the reported location of the Work. The information submitted by the Contractor and incorporated by the Engineer into the Record Drawings will be assumed to be reliable, and the Engineer will not be responsible for the accuracy of such information, nor for any errors or omissions that may appear on the Record Drawings as a result. 12. Cost Reduction Incentive. The Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards. Cost reduction proposals shall contain the following information: a. A description of both the existing contract requirements for performing the Work and the proposed changes. b. An itemization of the contract requirements that must be changed if the proposal is adopted. C. A detailed estimate of the cost of performing the Work under the existing contract and under the proposed change. The estimates of cost shall be determined in the same manner as if the Work were to be paid for on a force account basis as provided in Section IX -14, "Force Account Work" of these General Provisions. d. A statement of the time within which the Engineer must make a decision thereon. e. The contract items of work affected by the proposed changes, including any quantity variation attributable thereto. The provisions of this section shall not be construed to require the Engineer to consider any cost reduction proposal which may be submitted hereunder; proposed -41- changes in basic design of a bridge or of a pavement type will not be considered as an acceptable cost reduction proposal; the City will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted pursuant to this section nor for any delays to the Work attributable to any such proposal. If a cost reduction proposal is similar to a change in the plans or specifications, under consideration by the City for the project, at the time said proposal is submitted or if such a proposal is based upon or similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this section. The Contractor shall continue to perform the Work in accordance with the requirements of the contract until an executed change order, incorporating the cost reduction proposal has been issued. If an executed change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal shall be deemed rejected. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted. The City reserves the right where it deems such action appropriate, to require the Contractor to pay in part or whole the City's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall indicate acceptance thereof in writing, and such acceptance shall constitute full authority for the City to deduct amounts payable to the City from any monies due or that may become due to the Contractor under the contract. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this section. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the cost reduction proposal effectuated by the change order, and shall further provide that the Contractor be paid 50 percent of said estimated net savings amount. The Contractor's cost of preparing the cost reduction incentive proposal and the City's cost of investigating a cost reduction incentive proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. Acceptance of the cost reduction proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the cost reduction -42- proposal. The amount specified to be paid to the Contractor in the change order which effectuates a cost reduction proposal shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work thereof pursuant to the said change order. The City expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation pursuant to this section, and in that case, only as to those contracts awarded to the Contractor prior to submission of the accepted cost reduction proposal and as to which such cost reduction proposal is also submitted and accepted. Cost reduction proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this section if the identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor. This Section V -12, "Cost Reduction Incentive" of these General Provisions shall apply only to contracts awarded to the lowest bidder pursuant to competitive bidding. M -43- SECTION VI CONTROL OF MATERIALS 1. Source of Supply and Quality of Materials. At the option of the Engineer the source of supply of each of the material shall be approved by the Engineer before the delivery is started. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the Work. Materials used for the Work must be new and of the quality specified. When not particularly specified, materials must be the best of their class or kind. The Contractor must, if required, submit satisfactory evidence as to the kind and quality of materials. All materials proposed for use may be inspected or tested at any time during their preparation and use. After trial, if it is found that source of supply which have been approved so not furnish a uniform product or if the product from any source proves unacceptable at any time the Contractor shall furnish approved material from other approved sources. No material, which, after approval, has in any way become unfit for use shall be used in the Work. 2. Defective Materials. All materials not conforming to the requirements of these specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected. They shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. 3. Samples and Tests. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the Work, for testing or examination as desired by the Engineer. All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these specifications. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. Samples will be secured and tested whenever necessary to determine the quality of material. Contractor shall notify City a sufficient time in advance of the manufacture or production of materials to be supplied by Contractor under this contract in order that City may arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representatives, or prior to the receipt of notice from such representative that such testing and inspection will not be required, shall not be incorporated on the job of said improvements. Contractor shall also furnish City, in triplicate, certified copies of all required factory and mill test reports. .. 4. General Materials and Substitutions Requirements. a. If the Contractor submitted complete information to the Engineer for products proposed as equals in accordance with the bid package, and the City approved such products proposed as equals in writing, the Contractor may either furnish such products approved as equals, or furnish the products listed by manufacturer name, brand or model number in the Technical Specifications or Project Plans. The City retains the right, in its sole discretion, to accept or reject any other proposed substitution. To be considered, proposals concerning products proposed as equals must include sufficient information to permit the City to determine whether the products proposed as equals will satisfy the same performance requirements as products listed by manufacturer's name, brand or model number. Such performance requirements may include, but are not limited to, size, strength, function, appearance, ease of maintenance and repair, and useful life requirements. If the City does not accept a proposed substitution, the Contractor must furnish the product specified in the Technical Specifications or Project Plans for the Contract Price, regardless of whether the product is specified by manufacturer's name, brand or model number, or otherwise. b. During the performance of the Work, all materials must be neatly stacked, properly protected from the weather and other adverse impacts, and placed so as to avoid interference with efficient progress of the Work, with other activities of the City, or with the use of existing City facilities by the public. Materials may not be stored in a manner that presents a safety hazard or a nuisance. All materials must be delivered so as to ensure efficient and uninterrupted progress of the Work. Materials must be stored so as to cause no obstruction and so as to prevent overloading of any portion of the Work. The Contractor will be responsible for damage or loss of materials delivered to and/or stored at the work site due to weather or other causes. The Contractor must promptly remove from the work site all materials rejected by the City or its representatives as failing to conform to the requirements of the Contract Documents, whether such non - conforming materials have been incorporated in the Work or not. If the City or its representatives so direct, the Contractor must promptly replace and re- execute work performed by the Contractor and order the replacement and re- execution of work performed by subcontractors using non - conforming materials with materials that satisfy the requirements of the Contract Documents without expense to the City. The Contractor will bear the expense of making good all work destroyed or damaged by such removal. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in this section concerning any failure by the Contractor to replace or re- execute work using non - conforming materials, and/or to make good all work destroyed or damaged by such removal and/or execution. C. If any portion of the Work done or material furnished under this Contract proves defective and not in accordance with the Project Plans or Technical Specifications, and if the Engineer determines that the imperfection of the same is not of sufficient magnitude or importance to make the Work dangerous or undesirable, or if the removal of such work, is impractical or will create conditions which are dangerous or undesirable, the Engineer may retain such work, instead of requiring the imperfect work to be removed and reconstructed, and make such deductions therefore in the payments due or to become due the Contractor as are just and reasonable. -45- 5. Storage or Disposal of Material Outside the Public Right of WU. If the Contractor stores or disposes of material outside of the public right of way, and the City has not made arrangement for storage or disposal of the material, the Contractor shall first obtain written authorization from the property owner on whose property the storage or disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City from any and all responsibility in connection with the storage or disposal of material on the property. Contractor must also obtain any necessary permits, licenses and environmental clearances to store or dispose of material on private property. Before any material is stored or disposed of on private property, the Contractor shall obtain written permission from the Engineer to store or dispose of the material at the location designated in the authorization. If the Contractor elects to store or dispose of material subject to this paragraph, the Contractor shall pay those charges that are provided for in the agreement between the owner and the Contractor. Where the City has made arrangements with owners of land in the vicinity of a project for the storage or disposal of materials on a private owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to store or dispose of the materials on the property. Bidders or Contractors may, upon written request, inspect the documents evidencing the arrangements between property owners and the City. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained. If the Contractor elects to store or dispose of materials on private property subject to this paragraph, the use of the private property shall be subject to the terms, conditions, and limitations of the arrangement made between the property owner and the City and the Contractor shall pay those charges that are provided for in the arrangement made by the City with the property owner, and deductions will be made from any moneys due or that may become due the Contractor under the Contract sufficient to cover the charges for the material stored or disposed of. When material is stored or disposed of as provided in this section, and the storage or disposal location is visible from public view, the Contractor shall store or dispose of the material in a neat and uniform manner to the satisfaction of the Engineer. Material storage as used in this section also includes vehicle parking. 6. Construction and Demolition Waste Management Plan (WMP). The City is mandated by the State of California to divert 50% of all solid waste from landfills either by reusing or recycling. To help meet this goal, a City ordinance requires completion of a solid waste management plan (WMP) for covered building and public works projects. The WMP shall identify how at least 50% on non -inert project waste materials and 100% inert materials (50 /100) will be diverted from the landfill through recycling, reuse and/or salvage. The Contractor shall submit and implement an approved WMP as indicated in the Special Provisions. SECTION VII LEGAL RELATIONS AND RESPONSIBILITY 1. Laws to be Observed. The Contractor shall stay fully informed of all existing and future State and National Laws, including all provisions of Section 1776 of the Labor Code, and Municipal Ordinances and Regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees. In addition, the Contractor shall meet all standards of the State and Federal Government for air, water and noise pollution. The Contractor shall inform the City of the location of the records enumerated under Section 1776(a) of the Labor Code, including the street address, city and county, and shall within five working days, provide a notice of a change of location and address. If there is any conflict between these specification and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately. All necessary permits or approvals from any involved agency shall be obtained by the Contractor before any work is started. 2. Trench Safety and Differing Subsurface Conditions. a. Excavation More Than Four Feet Deep. In accordance with California Public Contract Code Section 7104, if work involves excavation more than four feet deep, the Contractor must promptly notify the City in writing before any of the following are disturbed: any material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; any subsurface or latent physical conditions at the work site different from those indicated; or any unknown physical conditions at the work site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The City will promptly investigate any such conditions for which notice is given. If the City finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the cost or time of performance of the Work, the City will issue a change order pursuant to Section IV -4, "City Directed Change Orders" of these General Provisions If a dispute arises between the City and the Contractor concerning whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the cost or time of performance, the Contractor shall not be excused from any completion date provided in the Contract Documents, but shall proceed with all work to be performed under the Contract Documents. The Contractor shall retain any and all rights provided either by contract or by law pertaining to the resolution of disputes and protests between the contracting parties. b. Excavation of Five Feet or More. In accordance with California Labor Code Section 6705, if this contract exceeds $25,000 in cost and involves excavation five or -47- more feet deep must submit for the City's acceptance, prior to excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. No trench safety plan shall be less effective than that required by the Construction Safety Orders and other mandates of the Division of Occupational Safety and Health. If the plan varies from the shoring system standards established by the Construction Safety Orders and other applicable mandates, it must be prepared by a licensed civil or structural engineer. Acceptance by the City of the detailed trench safety plans submitted is only an acknowledgement of the submission and does not constitute review or approval of the designs, design assumptions, criteria, completeness, applicability to areas of intended use, or implementation of the trench safety plans, which are solely the responsibility of the Contractor and the Contractor's Licensed Engineer. 3. Hours of Labor. The Contractor shall forfeit, as penalty to the City of South San Francisco, fifty dollars ($50) for each worker employed in the execution of the contract by the Contractor or by any subcontractor under the Contractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and in particular, Section 1810 to Section 1816 thereof, inclusive. 4. Review of Per Diem Rates. Reference is hereby made to the prevailing rate of per diem wages adopted by the City Council of the City of South San Francisco in accordance with Labor Code Section 1770 et seq., copies of which are on file in the office of the City Clerk and the Office of the Engineer, City Hall, South San Francisco, California, and available for inspection by interested parties. If a petition is filed in accordance with Labor Code Section 1773.4 calling for a review of the rates as so established, the closing rate for the submission of bids or the start of work, whichever is applicable shall be extended as in such section provided, and the determination made by the Director of Industrial Relations shall be deemed included in the contract for this Work. 5. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this contract, shall be not less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director's authority under Labor Code Section 1770 et seq. Each laborer, worker or mechanic employed by a Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay fifty dollars ($50) per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractor's bid, and will not, under any circumstances be considered as the basis of a claim against the City on the contract. NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 -1775. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. The Contractor and subcontractor's attention is directed to the provisions of Section 1776 of the California Labor Code and to the requirements therein pertaining to the keeping, availability, and filing of accurate payroll records of all journeymen, apprentices, and other workers performing work under this Contract. The Contractor agrees to comply with the requirements of said section. Prior to each monthly progress payment, the Contractor shall deliver to the Engineer copies of certified payrolls of its and all subcontractors' forces performing work at the job site (or sites established primarily for the work) for labor compliance purposes and extra/force account considerations. Such records shall be kept current on an effective day or period basis and in a form acceptable to the Engineer. At a minimum, the form shall include the following information: 1. Employee identification by name 2. Employee's address and social security number 3. Employee's craft and classification (in accordance with Director of Industrial Relations' wage determinations) 4. Employee's actual per diem wages (in compliance with Part I, Notice to Contractors, and this Section GC -20, Laws and Regulations) 5. Employee's subsistence and travel allowance (as applicable) 6. Employee's straight time and overtime hours worked each day and week 7. Itemized deductions made from employee's wages 8. Apprentices and ratio of apprentices to journeymen 9. Contractor's or subcontractor's firm or company name, date or period for which applicable wage rates and allowances are effective, and the employer's signature. The certified payroll records shall be kept on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as the forms provided by the Division in addition to the above - listed information. For all projects awarded on or after April 1, 2015, in addition to submitting the certified payrolls to the Engineer, the Contractor shall furnish the records specified in California Labor Code section 1776, including but not limited to the certified payrolls, directly to the Labor Commissioner. The Contractor shall furnish the records specified in California Labor Code section 1776 to the Labor Commissioner for all projects, whether such project is a new project awarded on or after, or an ongoing project awarded prior to, January 1, 2016. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury stating: (1) The information contained in the payroll is true and correct; and (2) The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by its employees on the Project. The Contractor shall inform the City of the location of the above payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of change of location and address. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting certified payroll records. In the event that the contractor or subcontractor fails to comply within the 10 -day period, he or she shall, as a penalty to the District, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. The Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the District shall be marked or obliterated in accordance with California Labor Code section 1776. Compliance with the above provisions of this Part II, and California Labor Code, Section 1776, shall be the responsibility of the Contractor or subcontractor. Pursuant to Labor Code Section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation that include, but are not limited to, payment of prevailing wages. 6. Registration of Contractors. Before submitting bids, Contractors shall be licensed in accordance with the provisions of the State Contractors' License Law, Business and Professions Code 7000 et seq. as amended. Pursuant to California Labor Code section 1771.1, by execution below, the Bidder and its Subcontractors certify that they are registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code, subject to limited legal exceptions. -50- 7. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work. A City of South San Francisco Business License will be required before the contract is signed by the City. 8. Patents. The Contractor shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 9. Contractor's Field Office. a. The Contractor and the Contractor's subcontractors may maintain such office facilities within or near the project area as are necessary for the proper conduct of the Work. The locations for such office facilities shall be as approved by the Engineer. Before or during this contract, should the Contractor desire a new or different location, he shall apply to the Engineer for the change of locations and shall only make such change with the approval of the Engineer. All office facilities used by the Contractor and/or its privities must conform to all applicable codes, ordinances and regulations. The cost of such facilities will be paid from and included in the Contract Price. b. The City and its authorized representatives will at all reasonable times while such office facilities are located at the work site (including, at a minimum, all times during which the Work is performed), have access to any such work site office facilities used by the Contractor and/or its privities. With respect to the right of access of the City and its authorized representatives, neither the Contractor nor its privities will have a reasonable expectation of privacy pursuant to the Fourth Amendment to the United States Constitution or other applicable law concerning such Work site office facilities used by the Contractor and/or its privities. Without exception, any and all Project related materials located at such work site facilities will be deemed at all times to be City property subject to inspection and copying by the City and its authorized representatives at all reasonable times while such facilities are located at the work site (including at a minimum, all times during which the Work is performed). Any interference by the Contractor or its privities with the City's rights of access and/or ownership pursuant to this section will constitute a material breach of the Contract subject to any and all remedies available pursuant to the Contract Documents and at law and equity. 10. Utilities. The location in public streets of pipes, conduits and other underground facilities of the public utility companies and of the City may not be indicated on the plans. Bidders are instructed to apply to companies and City departments concerned for any information, which may be needed concerning utilities. 11. Contractor Cooperation & Coordination. The Contractor is advised that other construction and maintenance work may be performed by local utility companies, the City and/or their contractors in the project area concurrent with work performed under this contract. The Contractor shall be responsible for contacting the various utility companies to ascertain the times when such other work will occur and schedule the Contractor's work in -51- coordination with others such that no delays shall occur in the Contractor's work schedule or in others who are working in the area. Failure on the Contractor's part to coordinate with others in overlapping work areas shall not be the basis for any claims against the City, additional compensation nor extension of time. In addition, the Contractor shall be solely responsible for any claims made against the City by others as a result of the Contractor's lack of coordination. This shall include businesses and homeowner's adjacent to the project area. 12. Public Convenience. The Contractor shall so conduct the Contractor's operations as to cause the least possible obstruction and inconvenience to public traffic. Where work is being done on existing public roads or streets, and no detours are available, all traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Due to the need to accommodate and minimize inconvenience to the public, unless expressly specified or approved in writing by the Engineer, no road closures will be permitted. Public vehicular and pedestrian traffic must be allowed to travel through the work area with an absolute minimum of interruption or impedance unless otherwise provided for in writing by the Engineer. The Contractor must make provisions for the safe passage of pedestrians around the area of work at all times. Residents affected by construction must be provided passage and access through the work area to the maximum extent possible. Where existing driveways occur on the street, the Contractor must make provisions for the trench crossings at these points, either by means of backfill or by temporary bridges acceptable to the Engineer, so that the length of shut -down of any driveway is kept to a minimum. In addition, all driveways must be accessible at the beginning and end of each work day, and no driveway or property access may be closed for more than four (4) hours during the work day. Access to driveways, houses, and buildings along the road or street must be as convenient as possible and well maintained, and all temporary crossings must be maintained in good condition. To minimize the need for and complexity of detours, not more than one crossing or street intersection or road may be closed at any one time without the written approval of the Engineer. Except as otherwise provided by the Engineer, the stockpiling or storing of material in City streets or right of ways shall be prohibited. Where the Contractor has received Engineer approval, all such materials must be piled or stored in a manner that will not obstruct sidewalks, driveways, or pedestrian crossings. Gutters and drainage channels must be kept clear and unobstructed at all times. All such materials shall be stored and handled in a manner that protects City streets, sidewalks, or other facilities from damage. Throughout performance of the Work, the Contractor must construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to care for the public and private traffic at all times including Saturdays, Sundays, and holidays. -52- Water shall be applied as directed the Engineer for the prevention of dust nuisance in connection with public convenience. No additional payment will be made for applying water for the prevention of dust. The Contractor shall be responsible for keeping all emergency services, including the South San Francisco police and fire departments informed of obstructions to, or detours around any public or private roads caused by reasons of the Contractor's operations. The Contractor must comply with the State of California, Department of Transportation Manual of warning signs, lights, and devices for use and performance of work within the job site. No work shall begin before 7:00 a.m. nor continue after 5:00 p.m. Monday through Friday, nor shall any work be done on weekends or holidays observed by the City of South San Francisco unless approved in advance by the Engineer. The fact that rain or other causes, either within or beyond the control of the Contractor, may force suspension or delay of the Work, shall in no way relieve the Contractor of Contractor's responsibility of maintaining traffic through the Project and providing local access as specified in this section. The Contractor must, at all times, keep on the job such materials, force, and equipment as may be necessary to keep roads, streets and driveways within the Project open to traffic and in good repair and shall expedite the passage of such traffic, using such force and equipment as may be necessary. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. 13. Public Safety. The Contractor shall furnish, erect, and maintain such fences, barriers, lights, signs and watchmen as are necessary to give adequate warning to the public at all times that the Work is under construction and of any dangerous conditions to be encountered as a result thereof. At any and all points along the Work where the nature of construction operations in progress and the Contractor's equipment and machinery in use is of such character as to endanger passing traffic, the Contractor shall provide such lights and signs and station such guards as may appear necessary to prevent accidents and avoid damage or injury to passing traffic. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each days work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. Should the Contractor fail to provide public safety -53- as specified, or if, in the opinion of the Engineer, the warning devices furnished by the Contractor are not adequate, the City may place any warning lights or barricades or take any necessary action to protect or warn the public of any dangerous condition connected with the Contractor's operations and the Contractor will be liable to the City for, and the City may deduct from amounts due or that may become due the Contractor under the Contract, all costs incurred including, but not limited to, administrative costs. Nothing in this section will be construed to impose tort liability on the City or Engineer. 14. Preservation of Property. Roadside trees and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water lines, all street facilities, and any other improvements or facilities within or adjacent to the Work shall be protected from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored, at the Contractor's expense, to a condition as good as when the Contractor entered upon the Work, or as good as required by the specifications accompanying the contract, if any such objects are a part of the Work being performed under the contract. The Contractor shall examine all bridges, culverts and other structures on or near the Work, over which he will move the Contractor's materials and equipment, and before using them, the Contractor shall properly strengthen such structures, where necessary. The Contractor will be held responsible for any and all injury or damage to such structures caused by reason of the Contractor's operations. The fact that any such pipe or other underground facility is not shown upon the plans shall not relieve the Contractor of the Contractor's responsibility under this article. It shall be the Contractors' responsibility to ascertain the existence of any underground improvements or facilities, which may be subject to damage by reason of the Contractor's operations, and if it is necessary to lower such underground facility or encase it to protect it from damage, it shall be done at the Contractor's expense. 15. Responsibility for Damage. The City of South San Francisco, the City Council, or the Engineer shall not be answerable or accountable in any manner, for any loss or damage that may happen to the Work or any part thereof; or for any of the materials or other things used or employed in performing the Work; or for injury or damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause whatsoever during the progress of the Work or at any time before final acceptance. 16. Contractor's Indemnities. a. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, volunteers and consultants, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor -54- engaged in performance of the Work. To the fullest extent permitted by law the Contractor will indemnify, defend and hold harmless the City, its officials, officers, employees, agents, volunteers and consultants from and against any or all loss, liability, expense, claims, costs (including costs of defense), suits, and damages of every kind, nature and description (including, but not limited to, penalties resulting from exposure to hazards in violation of the California Labor Code) directly or indirectly arising from the performance of the Work ( "Claims "). b. The Contractor will indemnify, defend and hold harmless the City, the City's officials, officers, employees, volunteers, agents and the Engineer and Architect for all liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor's performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid. C. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, volunteers and consultants from such liability. d. Approval of the Contractor's certificates of insurance and /or endorsements does not relieve the Contractor of liability under this provision. The Contractor will defend, with legal counsel reasonably acceptable to the City, any action or actions filed in connection with any Claims and will pay all related costs and expenses, including attorney's fees incurred. The Contractor will promptly pay any judgment rendered against the City, its officials, officers, employees, agents, volunteers or consultants for any Claims. In the event the City, its officials, officers, employees, agents, volunteers or consultants is made a party to any action or proceeding filed or prosecuted against Contractor for any Claims, Contractor agrees to pay the City, its officials, officers, employees, agents, volunteers and consultants any and all costs and expenses incurred in such action or proceeding, including but not limited to, reasonable attorneys' fees. e. The Contractor will indemnify, hold harmless and defend with legal counsel reasonably acceptable to the City the City and its officials, officers, employees, agents and volunteers from and against any and all Claims related to damage to surface or underground facilities caused by the Contractor or any of the Contractor's privities or agents. f. The Contractor will indemnify, hold harmless and defend with legal counsel reasonably acceptable to the City the City and its officials, officers, employees, agents and volunteers from and against any and all Claims, including any fines or other penalties, related to failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the State of California's National Pollution Discharge Elimination System General Permit, or to implement the project specific Storm Water Pollution Protection Plan (SWPPP) in accordance with the Technical Specifications. The City may withhold from amounts due or that may become due the Contractor under this -55- Contract amounts that equal or are estimated to equal the amount of Claims, including fines, resulting from failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the General Permit, or to implement the SWPPP in accordance with the Technical Specifications. g. In accordance with California Civil Code Section 2782(a), nothing in the Contract will be construed to indemnify the City for its sole negligence, willful misconduct, or for defects in design furnished by City. In accordance with California Civil Code Section 2782(b), nothing in the Contract will be construed to impose on the Contractor or to relieve the City from liability for the City's active negligence. By execution of the Contract Documents the Contractor acknowledges and agrees that the Contractor has read and understands the insurance and indemnity requirements of the Contract Documents, which are material elements of consideration. 17. Contractor's Responsibility for Work. Except as provided above, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non - execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any of the above caused before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages as are directly and proximately caused by acts of the Federal Government or the public enemy. In case of suspension of work from any cause whatever, the Contractor shall be responsible for the work as above specified and he shall also be responsible for all materials delivered to the Work including materials for which he has received partial payment. 18. Portion of the Work, Which May be Placed in Service. If desired by the City of South San Francisco, the Work, as completed, may be placed in service. The Contractor shall give proper access to the Work for this purpose but such use and operations shall not constitute an acceptance of the Work, and the Contractor shall remain liable for defects due to faulty construction, material and/or workmanship. 19. No Personal Liability. Neither the Engineer nor the City Council, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. 20. No Abrogation of Codes, Standards, Laws and Ordinances. The Contractor and all subcontractors engaged in the performance of the Work must conform to the following specific rules and regulations as well as all other laws, ordinances, rules and regulations that apply to the Work. Nothing in the General Provisions or plans is to be construed to permit Work not conforming to these codes: • National Electrical Safety Code, U. S. Department of Commerce • National Board of Fire Underwriters' Regulations -56- • California Building Standards Code as adopted by the City • Manual of Accident Prevention in Construction, latest edition, published by A.G.C. of America • Industrial Accident Commission's Safety Orders, State of California • Regulations of the State Fire Marshall (Title 19, California Code of Regulations) and Applicable Local Fire Safety Codes • Labor Code of the State of California - Division 2, Part 7, Public Works and Public Agencies. 21. Guaranty. Unless specified otherwise, the Contractor guarantees all of the Work for one year from the date the City accepts the Work. Upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship the Contractor must make good any defects arising or discovered in any part of the Work by diligently commencing the necessary repairs within seven (7) days from the date of notice from the City. If the Contractor fails to make good any defects in the Work in accordance with this provision, in addition to any other available remedy under the Contract or at law or equity, the City may make good or have made good such defects in the Work and deduct the cost from amounts that may be due or become due the Contractor, and/or call on the Contractor's maintenance bond for the cost of making good such defects and for the City's reasonable legal costs, if any, of recovering against the bond. The Contractor will remain responsible for repairing any Work found to be defective regardless of when such defect is discovered by the City. V Contractor shall file with City a corporate surety bond in the sum of ten percent (10 %) of the final contract price (including all change orders for extra work securing this guaranty to City, and said bond shall be filed at the time final acceptance of this Work is requested. Should Contractor not file said bond as required herein, City may retain the remaining ten percent (10 %) of the contract price as a cash bond for said one (1) year period. Should Contractor within a reasonable time after demand made fail to make any and all such repairs or replacements, City may undertake said repairs and replacements with its own forces or through contract, and Contractor shall reimburse City for any and all costs of said repairs or replacements, even if said cost exceed the principal sum of the corporate surety bond which is security for the performance of this guaranty. Contractor and the Contractor's surety may provide the aforegoing guaranty in the original performance bond. 22. General Safety Requirements. a. In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the work site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. For purposes of California Labor Code Section 6400 and related provisions of law, the Contractor and the Contractor's privities and any other entities engaged in the performance of the Work will be "employers" responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities -57- engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be "employers" pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor's privities or other entities engaged in the performance of the Work. The Contractor agrees that neither the City, the Architect, nor the Engineer will be responsible for having hazards corrected and/or removed at the work site. The Contractor agrees that the City will not be responsible for taking steps to protect the Contractor's employees from such hazards, or for instructing the Contractor's employees to recognize such hazards or to avoid the associated dangers. The Contractor agrees with respect to the Work and the Work site, the Contractor will be responsible for not creating hazards and for having hazards corrected and/or removed, for taking appropriate, feasible steps to protect the Contractor's employees from such hazards and that the Contractor has instructed and/or will instruct its employees to recognize such hazards and how to avoid the associated dangers. b. Review and inspection by the City, the Engineer, the Architect or Engineer, and /or other representatives of the City of the Contractor's performance of the Work will not constitute review of the adequacy of the Contractor's safety measures in, on, or near the Work site. Such reviews and inspections do not relieve the Contractor of any of the Contractor's obligations under the Contract Documents and applicable law to ensure that the work site is maintained and the Work is performed in a safe manner. C. The Contractor will be solely responsible for the implementation and maintenance of safety programs to ensure that the work site is maintained and the Work is performed in a safe manner in accordance with the Contract Documents and applicable law. d. The Contractor must furnish and place proper guards and systems for the prevention of accidents, including, but not limited to, those systems required pursuant to Title 8, Section 1670 and following of the California Code of Regulations concerning safety belts and nets. The Contractor must provide and maintain any other necessary systems or devices required to secure safety of life or property at the work site in accordance with accepted standards of the industry and applicable law. The Contractor must maintain during all night hours sufficient lights to prevent accident or damage to life or property. 23. Fair Employment Provision. The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry or national origin. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this fair employment practices section. 24. Employment of Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.8 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777.5, as amended, required the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five (1:5) except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five (1:5), or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provided evidence that he employs registered apprentices on all of the Contractor's contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and any subcontractor under the Contractor shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. -59- SECTION VIII PROSECUTION AND PROGRESS 1. Subcontracting. No subcontractor will be recognized as such, and all persons engaged in the Work or construction will be considered as employees of the Contractor and he will be held responsible for their work, which shall be subject to the provisions of the contract and specifications. The Contractor shall give the Contractor's personal attention to the fulfillment of the contract and shall keep the Work under the Contractor's control. The Contractor shall be responsible for the Contractor's own and subcontractors' compliance with Section 1777.5 of the Labor Code regarding apprenticeable occupations as in said section provided. Any Contractor willfully failing to comply with this section shall be denied the right to bid on a public works contract for a period of six (6) months from the date the determination is made. Where a portion of the Work, which has been subcontracted by the Contractor, has not been prosecuted in a manner satisfactory to the Engineer, the subcontractor shall be removed immediately on the requisition of the Engineer and shall not again be employed on the Work. 2. Assi ng ment. The performance of the contract may not be assigned except upon the written consent of the City. Consent will not be given to any proposed assignment, which would relieve the original, Contractor or the Contractor's surety of their responsibilities under the contract nor will the City consent to any assignment of a part of the Work under the contract. 3. Time of Completion and Statement of Working Days. The Contractor shall complete all or any designated portion of the work called for under the contract in all parts and requirements within the time set forth in the Special Provisions. Determination that a day is a non - working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Engineer. The Engineer will furnish the Contractor a monthly statement showing the number of working days charged to the contract for the preceding month, the number of working days of time extensions being considered or approved, the number of working days originally specified for the completion of the contract and the number of working days remaining to complete the contract and the extended date for completion thereof, except when working days are not being charged in conformance with the provisions in Section VIII -6, "Temporary Suspension of Work" of these General Provisions. The Contractor will be allowed 15 days from the issuance of the monthly statement of working days in which to file a written protest setting forth in what respects the Contractor differs from the Engineer; otherwise, the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. •1 4. Progress of the Work and Time of Completion. The Contractor shall begin work upon receipt of the Notice to Proceed. However, the Contractor shall begin work no earlier than the twenty -first (21st) day after the commencement of the advertisement of the call for bids. 5. Character of Workers. If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the direction of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the Work. 6. Temporary Suspension of Work. The Engineer shall have the authority to suspend the Work wholly or in part, for such period as he may seem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable prosecution of the Work, or for such time as he may seem necessary due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the contract. The Contractor shall immediately comply with the written order of the Engineer to suspend work wholly or in part. The Work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Engineer. 7. No Contractor Damages for Avoidable Delays. All delays in the Work that might have been avoided by the exercise of care, prudence, foresight and diligence of the Contractor or any privities of the Contractor will be deemed avoidable delays. Delays in the Work that may be unavoidable but that do not necessarily affect other portions of the Work or prevent completion of all work within the Time for Completion, including, but not limited to, reasonable delays in Engineer approval of shop drawings, placement of construction survey stakes, measurements and inspection, and such interruption as may occur in prosecution of the Work due to reasonable interference of other contractors of the City, will be deemed avoidable delays. The Contractor will not be awarded a change in the Project schedule, the Time for Completion, and/or additional compensation in excess of the contract price for avoidable delays. 8. Impact of Unavoidable Delays. All delays in the Work that result from causes beyond the control of the Contractor and that the Contractor could not have avoided through exercise of care, prudence, foresight, and diligence will be deemed unavoidable delays. Orders issued by the City changing the amount of Work to be done, the quantity of materials to be furnished, or the manner in which the Work is to be prosecuted, and unforeseen delays in the prosecution of the Work due to causes beyond the Contractor's control, such as strikes, lockouts, labor disturbances, fires, epidemics, earthquakes, acts of God, neglect by utility owners or other contractors that are not privities of the Contractor will be deemed unavoidable delays to the extent they actually delay the Contractor's completion of the Work. The Contractor will be awarded a change in the Project schedule, the Time for Completion, and/or additional compensation in excess of the contract price for unavoidable delays to the extent such delays actually delay the Contractor's completion of the Work and/or result in the Contractor incurring additional costs in excess of the Contract Price. Delay due to normal, adverse weather conditions will not be deemed unavoidable. The Contractor should understand that normal adverse weather conditions are to be -61- expected and plan the Work accordingly, such as by incorporating into the Project Schedule normal, adverse weather delays as reflected in historical data of the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce for the weather station most applicable to the Work site. 9. No Contractor Damages for Contractor Caused Delay_ Contractor will not be entitled to additional compensation for extended field or home office overhead, field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts for any delays to the extent such delays are caused by the failure of the Contractor or any subcontractor or other entity engaged in performance of the Work to perform the Work in accordance with the Contract Documents. 10. No Contractor Damages for Delay Not Caused By the City, Delay Contemplated by the Parties, or other Reasonable Delay_ Contractor will not be entitled to damages for delay to the Work caused by the following, which the City and Contractor agree will be deemed for purposes of California Public Contract Code Section 7102 either not caused by the City, and/or within the contemplation of the City and the Contractor, and/or reasonable under the circumstances: Exercise of the City's right to sequence the Work in a manner that would avoid disruption to the City and other contractors based on: the failure of the Contractor or any subcontractor or other entity engaged in the performance of the Work to perform the Work in accordance with the Contract Documents, enforcement by the City or any other governmental agency of competent jurisdiction of any government act or regulation, or enforcement by the City of any provisions of the Contract. Requests for clarification or information concerning the Contract Documents or proposed change orders or modifications to the Contract Documents, including extensive and/or numerous such requests for clarification or information or proposed change orders or modifications, provided such clarifications or information or proposed change orders or modifications are processed by the City or its representatives in a reasonable time in accordance with the Contract Documents. 11. Delays Caused by the City and/or Its Privities. Delay caused by the City and/or other contractors of the City will be deemed unavoidable delays. Either the City or the Contractor may propose a change in the Time for Completion and/or the Project Schedule for delays that are purported to be caused by the City and/or its privities and that are not reasonable under the circumstances involved and/or that are not within the contemplation of the City and the Contractor. Such proposed changes in the Time for Completion will constitute a change order proposal. The City and the Contractor may agree upon pricing for the cost impacts, if any, resulting from such delays. If such pricing and/or changes in the Time for Completion and/or the Project Schedule are in anticipation of impacts that may, but have not yet occurred, the City will be obligated to pay the Contractor for such anticipated impacts or to award a change in the Time for Completion and/or the Project Schedule in accordance with the Contract and any applicable, approved change orders only to the extent the Contractor actually incurs the anticipated impacts. Notwithstanding anything to the contrary, the City and the Contractor may agree to a daily rate or cap or lump sum that will apply to the cost impacts, if any, resulting from delay purportedly caused by the City and/or its privities -62- subject to this provision. However, if such daily rate or cap or lump sum is in anticipation of cost impacts that have not yet occurred, the City will be obligated to pay such daily rate or cap or lump sum only to the extent the Contractor actually incurs such cost impacts. 12. Delay Claims. Whenever the Contractor claims a delay for which the Time for Completion may be extended, the Contractor must request an extension of time within five (5) days of the start of the delay. The request must be in writing and describe in detail the cause for the delay, and, if possible, the foreseeable extent of the delay. 13. Contractor Coordination of the Work. The City reserves the right to do other work in connection with or in the vicinity of the Project by contract or otherwise, and Contractor must at all times conduct the Work so as to impose no hardship on the City, others engaged in the Work or other contractors working at the work site. The Contractor will adjust, correct and coordinate the Work with the work of others so that no delays result in the Work or other work at or near the work site. If any part of the Work depends on proper execution or results upon the Work of the City or any other contractor, the Contractor will, before proceeding with such Work, promptly report to the City any apparent discrepancies or defects in such other work. Failure of the Contractor to promptly report any apparent discrepancy or defect will be deemed an acceptance of the City's or other contractor's work as fit and proper. The Contractor will anticipate the relations of the various trades to the progress of the Work and will ensure that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking necessary for each trade will be part of the Work except where stated otherwise. The Contractor will provide proper facilities at all times for access of the City, the Engineer, Architect, and other authorized City representatives to conveniently examine and inspect the Work. 14. Liquidated Damages. The Contractor shall complete the work called for under the contract in all parts and requirements within the number of working days specified. It is agreed by the parties of the contract that in case all the work called for under the contract is not completed before or upon the expiration of the time limit as set forth in the Agreement for Public Improvements, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum prescribed in the Special Provisions per working day for each and every working day's delay beyond the time prescribed to complete the Work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City -63- shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decided to extend the time for completion of the contract, it shall further have the right to charge to the Contractor, the Contractor's heirs, assigns, or sureties, and to deduct from the final payment for the Work, all or any part as it may seem proper, of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and inspection during any delay in the completion of the Work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and the Engineer's finding of facts thereon shall be final and conclusive. If the Contractor is delayed by any act of the Engineer or of the City, not contemplated by the contract, the time of completion shall be extended proportionately and the Contractor shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. The Contractor shall have no claim for any other compensation for any such delay. 15. Suspension of Contract. If at any time in the opinion of the Engineer, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the Work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon the Contractor, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the Engineer may designate. Upon such suspension, the Contractor's control shall terminate and thereupon the City or its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said contract, and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof, or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may seem proper; or the City may annul and cancel the contract and re -let the Work or any part thereof. 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 suspension, 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 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 or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 16. Communications. a. All notices, demands, requests, instructions, approvals, proposals, and claims must be in writing. b. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor stated on the signature page of the Proposal (or at such other office as the Contractor may from time to time designate in writing to the City), or if deposited in the United States mall in a sealed envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office. C. All correspondence to the City, related to this contract, including request for payment, shall be addressed to the Engineer, City of South San Francisco, P.O. Box 711, South San Francisco, California 94083, and any notice to or demand upon the City shall be sufficiently given if so delivered or if deposited in the United States mail in a sealed envelope, or to other such representatives of the City to such other address as the Agency may subsequently specify in writing to the Contractor for such purpose. Any such notice shall be deemed to have been given as of the time of actual delivery of (in the case of mailing) when the same should have been received per receipt, or in the case of telegrams, at the time of actual receipt, as the case may be. 17. Audit and Examination of Records. The City may examine and audit at no additional cost to the City all books, estimates, records, contracts, documents, bid documents, bid cost data, subcontract job cost reports and other Project related data of the Contractor, subcontractors engaged in performance of the Work, and suppliers providing supplies, equipment and other materials required for the Work, including computations and projections related to bidding, negotiating, pricing or performing the Work or Contract modifications and other materials concerning the Work, including, but not limited to, Contractor daily logs, in order to evaluate the accuracy, completeness, and currency of cost, pricing, scheduling and any other project related data. The Contractor will make available all such Project related data at all reasonable times for examination, audit, or reproduction at the Contractor's business office at or near the work site, and at any other location where such Project related data may be kept until three years after final payment under the Contract. Pursuant to California Government Code Section 8546.7, if the amount of public funds to be expended is in excess of $10,000, this Contract will be subject to the examination and audit of the State Auditor, at the request of the City, or as -65- part of any audit of the City, for a period of three (3) years after final payment under the Contract. 18. Project Schedule. Within ten (10) working days after the Notice of Award, the Contractor must deliver to the Engineer a bar chart and critical path method (CPM) schedule detailing the Contractor's intended schedule of work for the entire Project. The schedules must be detailed to clearly show the relative sequence of the items of work, their inter - relationships, start and completion dates, float, the critical path, and any other item deemed necessary by the Engineer. The schedule must allow for the completion of the entire Work within the time for completion and also conform to the City's milestone deadlines. a. City Review of Schedule. The City may review the Contractor's submitted schedule and may note any exceptions. The Contractor must correct any exceptions noted by the City within five (5) working days of being notified of the exceptions. b. Update of Schedule. After submission of a schedule to which the City has taken no exceptions, the Contractor must submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the Work. The updated schedule must show the progress of work as of the date specified in the updated schedule and its relation to milestone dates. C. Float. The schedule must show early and late completion dates for each task. The number of days between these dates will be designated as "Float ". The Float will be designated to the Project and will be available to both the City and the Contractor as needed to complete the Work in accordance with the Contract. d. Failure to Submit Schedule. If the Contractor fails to submit schedules within the time periods specified in this section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedules are submitted and/or corrected in accordance with the Contract Documents. e. Responsibility for Schedule. The Contractor will be solely and exclusively responsible for creating the schedule and properly updating it. The City may note exceptions to any schedule submitted by the Contractor. However, the Contractor will be solely responsible for determining the proper method for addressing such exceptions and the City's review of the schedule will not create scheduling obligations of the City. SECTION IX MEASUREMENT AND PAYMENT 1. Measurement of Quantities. All work to be paid for at a contract price per unit of measurement will be measured by the Engineer in accordance with Section 9- 1.01, "Measurement of Quantities" of the Standard Specifications. When required by the Engineer, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver said slip to the Engineer at the point of delivery of the material. All loads in vehicles hauled over streets and highways shall be legal loads and no payment will be made for the loads in excess of the legal load limits. Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the contract, or material not unloaded from the transporting vehicle, or material placed outside of the lines indicated on the plans or established by the Engineer, or material remaining on hand after completion of the work; will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling and disposing of rejected material. 2. Progress Payments. The City once in each month shall cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor on the ground and not used, to the time of such estimate, and the value thereof. The City shall retain five percent (5%) of such estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid as part security for the fulfillment of the contract by the Contractor and shall pay monthly to the Contractor, while carrying on the Work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not processing in accordance with the provisions of the contract, or when in the Engineer's judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. For any monies earned by the Contractor and withheld by the City to ensure the performance of the contract, the Contractor may, at Contractor's request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California. 3. Scope of Payment. The Contractor shall accept the compensation, as herein provided, in full payment for furnishing all materials, labor, tools, and equipment necessary for the completion of the contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, except as hereinbefore provided, or from any unforeseen difficulties which may be encountered during the prosecution of -67- the Work until the final acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in the consequence of the suspension or discontinuance of the Work as herein specified; and for completing the work according to the plans and specifications. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 4. Stop Notice Retention. The City may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. 5. Progress Payment Deductions. The Contractor hereby agrees and acknowledges that progress payments are subject to deduction for failure to comply with certain Contract requirements which include but are not limited to traffic control, cleanliness /daily clean -up, "buttoning -up," open trenches, environmental compliance, maintaining services, etc. In the event such non - compliance occurs, the City may cure these deficiencies with its own crews or with other contractors /vendors. The full cost the City incurs to cure these deficiencies will be deducted from the next progress payment. "Full costs" include all labor, materials, and equipment plus applicable "mark- ups," including overhead, should the City perform the work with its own forces. Should the City elect to have the work performed by a contractor /vendor, the "full cost" will include the invoiced amount plus a 20 % mark -up to cover handling expenses for the City. 6. Acceptance of the Work. When the final inspection is completed and it has been determined that the Work is done in accordance with the plans and specifications, the Engineer will accept the Work and 95% of the payment based on the final quantities will be paid to the contractor, the balance will be paid 30 days after the Notice of Completion has been filed with the County and upon furnishing of the specified guaranty bond to the City. 7. Final Payment. Within thirty (30) days after the completion of the Work and its acceptance by the City, the Engineer will make a proposed final estimate in writing of the quantities of work done under the contract and the value of such work and will submit such estimate to the Contractor. Within thirty (30) days thereafter the Contractor shall submit to the Engineer the Contractor's written approval of said proposed final quantities or a written statement of all claims, which he has for additional compensation claimed to be due under the contract. On the Contractor's approval or if he files no claims within said period of thirty (30) days, the Engineer will issue a final written estimate as submitted to the Contractor and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. If the Contractor within said period of thirty (30) days files claims, the Engineer will issue as a semi -final estimate the proposed estimate submitted to the Contractor and the City will within thirty (30) days pay the sum found due thereon after deducting all prior payments and all amounts to be kept and retained under the provisions of the contract. .: The Engineer shall then consider and investigate the Contractor's claims and shall make such revision in the said estimate as he may find to be due, and shall then make and issue the Engineer's final written estimate. The City will pay the amount so found due, after deducting all previous payments and amounts to be retained under the contract. All prior partial estimate and payments shall be subject to correction in the final estimate and payment. The final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done thereunder and compensation therefore, except in the case of gross error. Payment on the semi -final estimate will be due within thirty (30) days from the date the same is issued by the Engineer. Payment on the final estimate is due within thirty (30) days from the date the same is issued. 8. Travel and Subsistence Payment. Travel and subsistence payments shall be made to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Section 1773.8. 9. Notice of Potential Claim. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have given the Engineer due written notice of potential claim as hereinafter specified. The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. City may request additional information from Contractor regarding the Contractor's claim, which shall be provided, to City within 10 days of the request. It is the intention of this section that differences between the parties arising under and by virtue of the contract are brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that they shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed. 10. Claims. a. General. A "Claim" means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. All claims filed hereunder shall strictly comply with all requirements of the Contract Documents. In order to qualify as a Claim, the written demand must state that it is a claim submitted according to the terms of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements. A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost. Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the Work. Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor's subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or the City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedures described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract. If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth calendar day after receipt of the written request form the Engineer. If the fifteenth day falls on a Saturday, Sunday, or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall result in Contractor waiving that Claim. The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required b the Engineer or designated claim investigator to determine the facts or contentions involved in the claim(s). Contractor agrees that failure to permit access to those records waives Contractor's Claims. -70- The City of South San Francisco, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor's and subcontractors' books, documents and accounting records, including, but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors /vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions and photocopies of the City's cost. The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City to determine its actual damages; therefore, Contractor agrees to pay the City, as liquidated damages, the sum of One Thousand Dollars ($1000.00), which Contractor agrees is reasonable under the circumstances, for each and every working day which Contractor or subcontractor fails or refuses to provide the City access to the materials specified in this section. b. Disputes. (1) Contract Interpretation Disputes. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City. The Contractor shall bear all costs incurred in giving such notice. All issues regarding the interpretation of the plans or specifications shall be referred to the City for interpretation. The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the plans or specifications, which affirmance or disaffirmance shall be final. If the Contractor should disagree with the City's decision, the Contractor's sole and exclusive remedy is to file a Claim in accordance with these provisions. (2) Work Disputes. Should any disputes arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Document procedures, the dispute shall be decided by the City and its decisions shall be final and conclusive. If the Contractor disagrees with the City's decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with these provisions. -71- (3) Delays. As used herein, the following terms shall have the following meanings: "Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the Work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time. "Compensable Delay" means any delay of the completion of the Work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City, and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. "Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above. An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price. The Contractor may make a claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following: (i) If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last. (ii) If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the COompensable Delay exceeds the Unexcusable Delay. (iii) If an Unexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (ii) exceeds the number of days of the Unexcusable delay. (iv) For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract price in an amount equal to the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative -72- personnel necessary and directly employed at the Project site for the supervision of the Work during the period of Compensable Delay. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay unless the event or occurrence giving rise to the Compensable Delay extends the actual completion of the Project past the Contract time. The parties agree that the City's exercise of its right to order changes in the Work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim or Compensable Delay. C. Claim Procedures. Should any clarification, determination, action or inaction by the City, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason, (collectively "Disputed Work"), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a written Notice of Potential Claim with the City before commencing the Disputed Work, or within seven (7) calendar days after Contractor's first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this period, or if the Contractor proceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue. The City will review the Contractor's timely notice of potential claim and provide a decision. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If, after receiving the City's decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed. The Contractor shall submit the Claim in the form specified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor's position within thirty (30) calendar days after receiving the City's decision on the notice of potential claim. The Contractor's failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subject Claim. If Disputed Work persists longer than thirty (30) calendar days after receiving the City's decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document titled "Claim Update" which shall update and quantify all elements of the Claim as completely as possible. The Contractor's failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result in a waiver of that portion of the Claim for that thirty (30) calendar day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates. -73- All claims must be submitted to Engineer before the issuance of the final estimate. Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate. Upon receipt of the Contractor's formal Claim including all arguments, justification, costs or estimates, schedule analyses, and documentation supporting the Contractor's position as previously stipulated, the City or its designate will review the Claim and render a final determination according to the processing and review procedures listed in Section IX -12, "Claims Processing and Review" of these General Provisions. No costs arising out of or in connection with the performance of Claims of any nature, other than those specifically listed herein may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages. d. Claim Format. The Contractor shall submit the Claim justification in the following format: (1) Cover letter and certification of the accuracy of the contents of the Claim; (2) Summary of Claim including underlying facts, entitlement, quantum calculations, and Contract Document provision supporting relief; IL 14 (3) List of documents relating to the Claim, including plans, specifications, clarifications /requests for information, schedules and others; (4) Chronology of events and correspondence; (5) Analysis of Claim merit; (6) Analysis of Claim costs; (7) Attached supporting documents referenced in item (3) above. e. Exclusive Remedy. The Contractor's performance of its duties and obligations specified in these provisions and submission of a Claim as provided in these provisions is the Contractor's sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents' terms, or other contractual or tort relief arising from the Contract Documents. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by the City, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non - compliance with the Claim submission requirements. Compliance with the notice and Claim submission -74- procedures described in these provisions is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No Claim or issues not raised in a timely protest and timely Claim submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City shall not have deemed to waive any provision under this section, if at the City's sole discretion, a Claim is accepted in a manner not in accord with this section. f. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non - binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation's conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared. 11. False Claims Affidavit. California Penal Code Section 72 provides that any person, who presents for payment with intent to defraud any City, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000) and/or imprisonment in the state prison. Government Code Sections 12650 et seq. (California False Claims Act), pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any official or employee of any political subdivision of the State of California. Any person or corporation violating the provisions of Government Code Section 12650 et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs. Contractor agrees that any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. All Claims by Contractor shall include the following certification, properly completed and executed by Contractor or an officer of Contractor: I, , BEING THE (MUST BE AN OFFICER) OF (CONTRACTOR), DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND /OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND -75- UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND /OR OTHER SEVERE LEGAL CONSEQUENCES. SIGNATURE LINES WILL BE ADDED HERE 12. Claims Processing and Review. The review and treatment of Contractor Claims up to three hundred seventy -five thousand dollars ($375,000) are governed by California Public Contract Code Sections 20104 et seq., the relevant positions of which are summarized below. In addition to these statutory provisions, the City and Contractor hereby agree by contract to a procedure for the review of claims over three hundred seventy -five thousand dollars ($375,000). Claims, then, shall be processed and reviewed as follows: a. For claims of less than fifty thousand dollars ($50,000), the City will respond in writing within forty -five (45) days of its receipt of the claim, or may request, in writing, within thirty (30) days of its receipt of the claim, submission of additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within twenty (20) days of its receipt of the request from the City or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the claim within fifteen (15) days or within the period of time taken by the Contractor in producing the additional documents, whichever is longer. b. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred and seventy -five thousand dollars ($375,000), the City will respond in writing within sixty (60) days of its receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the Claim, submission of additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within thirty (30) days of its receipt of its receipt of the request or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the claim within thirty (30) days, or within the period of time taken by the Contractor in producing the additional documentation, whichever is longer. C. For claims over three hundred and seventy -five thousand dollars ($375,000), the City will respond in writing within one hundred and twenty (120) days of its receipt of the claim, or may request in writing, within forty -five (45) days of receipt of -76- the Claim, submission of additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within thirty (30) days of its receipt of the request or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the Claim within thirty (30) days, or within the period of time taken by the Contractor in producing the additional documentation, whichever is longer. 13. Extra Work. New and unforeseen items of work will be classed as extra work when they cannot be covered by any of the various items for which there is a bid price or by combinations of such items. The Contractor shall do such extra work and furnish such materials and equipment therefore, as may be required in writing by the Engineer, but he shall not do extra work except upon written order from the Engineer, and in the absence of such written order he shall not be entitled to payment for such extra work. All bills for extra work done shall be filed in writing with the Engineer. For such extra work the Contractor shall receive compensation at the prices previously agreed upon in writing, or upon a failure to agree upon prices, he shall be paid on force account, as provided in Section IX- 14, "Force Account Work" of these General Provisions. All extra work shall be adjusted daily upon report sheets furnished to the Engineer by the Contractor and signed by both parties which daily reports shall thereafter be considered the true record of extra work done. 14. Force Account Work. Where payment is to be made on a force account basis, the Contractor shall receive the actual cost of all material, labor and rented equipment furnished by the Contractor as shown by paid vouchers, plus fifteen percent (15%); provided, however, that the City reserves the right to furnish such materials required as it seems expedient, and the Contractor shall have no claim for profit on the cost of such materials. For use of equipment owned by the Contractor he shall be paid the current prices prevailing in the locality, which shall have been previously determined and agreed upon in writing by the Contractor, plus fifteen percent (15%). When work is performed by force account, in addition to the actual cost of labor, the City will reimburse the Contractor for compensation insurance payments; contributions made to the State as required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid to the Federal Government as required by the Social Securities Act approved August 14, 1935, as amended. The payment of fifteen percent (15%) in addition to the actual cost of all material, labor, and rented equipment, as herein provided, shall include full allowance to the Contractor for overhead and profit on the force account work and full compensation to the Contractor for premiums paid on any other insurance of any nature which the -77- Contractor may be required to carry or which he may elect to carry; and for additional premiums paid on faithful performance and payment bonds required by reason of the increases in the amount of work to be performed over and above that called for in the original contract. All force account work shall be adjusted daily upon report sheets, furnished to the Engineer by the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of force account work done. If force account work is done on the contract the Contractor shall furnish to the Engineer three (3) copies of a certificate from the insurance company showing the compensation insurance rates to be charged on the various classes of work to assist in verification of the Contractor's charges for extra work and force account. 1774523.3 1774523.3 L.- [END OF GENERAL PROVISIONS] n J 1I" J City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -443 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 7a. Resolution awarding a construction contract to Interstate Grading and Paving, Inc. of South San Francisco, California for the Junipero Serra and King Drive Intersection Improvement Project in an amount not to exceed $699,959 and authorizing a total construction budget of $839,951. WHEREAS, Junipero Serra Boulevard and the portion of King Drive within the city limits are local streets owned and maintained by the City of South San Francisco ( "City'); and WHEREAS, Junipero Serra Boulevard is a four -lane divided highway east of Interstate 280 and King Street is a two -lane arterial with median separations at its intersection with Junipero Serra Boulevard; and WHEREAS, this intersection lacks ADA accessible curb ramps, designated bike lanes, and has outdated multiple short traffic signals; and WHEREAS, City of South San Francisco ( "City ") staff issued a Notice Inviting Bids for the Project on April 12, 2016 and April 19, 2016 and received four (4) bids in response; and WHEREAS, Interstate Grading and Paving, Inc. of South San Francisco, California, the only bidder, submitted a responsive and responsible bid in the amount of $699,959; and WHEREAS, staff recommends awarding the construction contract to Interstate Grading and Paving, Inc. in an amount not to exceed $699,959, authorizing a total construction budget of $839,951. 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 for the Junipero Serra and King Drive Intersection Improvement Project to Interstate Grading and Paving, Inc. for an amount not to exceed $699,959, conditioned on Interstate Grading and Paving, Inc.'s timely execution of the Project contract and submission of all required documents, including but not City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -443 limited to, certificates of insurance and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council authorizes a total project construction budget of $839,951 and authorizes the City Manager to utilize any unspent amount of the total project budget, if necessary, towards additional construction contingency budget. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf of the City upon timely submission by Interstate Paving and Grading, Inc. of the signed contract and all other documents, subject to approval as to form by the City Attorney. BE IT FUTHER RESOLVED that the City Manager or his designee is hereby authorized to take any further actions consistent with the intent of this Resolution. City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -440 Agenda Date: 7/27/2016 Version: 1 Status: Agenda Ready - Administrative Business In Control: City Council File Type: Staff Report Agenda Number: 4. Report regarding a resolution awarding a construction contract to Southwest Construction & Property Management of San Bruno, California for the Fire Station 64 Roof Girder Replacement Project based on the Base Bid and Bid Alternate #2 in an amount not to exceed $119,207 and authorizing a total construction budget of $160,929. (Sam Bautista, Principal Engineer) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution awarding the construction contract to Southwest Construction & Property Management of San Bruno, California for the Fire Station 64 Roof Girder Replacement Project (Project No. pfl608) based on the Base Bid and Bid Alternate #2 in an amount not to exceed $119,207 and authorizing a total construction budget of $160,929. BACKGROUND /DISCUSSION In early 2015, the Fire Department and Facilities Maintenance staff noted that the south end of the front roof girder appeared to be deteriorated. Staff examined the south end of the girder and determined that water penetration caused the girder to rot. The Engineering Division contracted with TIC and Associates, Inc. ( "TJC ") of Oakland, California, one of the City's on -call structural engineering consultants, to investigate and design a repair of the roof girder. The design and associated bid documents were completed in early April 2016. Staff advertised a Notice Inviting Bids for the project on April 26, 2016 and May 3, 2016. A mandatory pre -bid walk was held on May 12, 2016 for potential bidders. Five (5) contractors attended and three (3) obtained bid documents. The three construction firms that obtained plans and specifications for the project were: Omni Construction of Burlingame, CA, TPA Construction of Rocklin, CA, and Southwest Construction & Property Management of San Bruno, CA. On May 26, 2016, staff received one (1) bid in response from Southwest Construction & Property Management. Engineering staff reviewed Southwest Construction & Property Management's bid and found it to be responsive. The City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -440 bidder is licensed with the California State Licensing Board and is in good standing. The bidder's references were contacted and found their work to be satisfactory. The Base Bid that was advertised, which covers the roof girder replacement is $103,906 (engineer's estimate $100,000). Two bid alternatives were included in the bid documents. Bid Alternate #1 removes paint and applies preservative to 10 glue laminated timber tails along each side of the building. Bid Alternate #2 installs protective fascia and screens to 10 glue laminated timber tails along each side of the building. Bid Alternative #1 is $19,721 and Bid Alternative #2 is $15,301. Staff recommends awarding Bid Alternate #2 as it will protect the glue laminated timber tails from deteriorating from water intrusion during rain events. Bid Alternative #1 is not recommended because Bid Alternative #2 provides better protection for the girder and is more cost effective. The proposed total project budget is $160,929. The key elements are as follows: *Base Bid $103,906 • Bid Alternate #2 $15,301 • Construction Contingency (20 %) $23,841 • Consultant Support/Construction Administration (15 %) $17,881 FUNDING Funding for this project is included in the City of South San Francisco's 2015 -2016 Capital Improvement Program (Project No. pf1608) and sufficient funds have been allocated to cover the project cost. No Federal funds will be utilized for this project; therefore, no Disadvantage Business Enterprise (DBE) goals are required. rnrTC'T r TcrnrT Staff recommends awarding the construction contract to Southwest Construction & Property Management of San Bruno, California, for the Fire Station 64 Roof Girder Replacement Project based on the Base Bid and Bid Alternate #2 in an amount not to exceed $119,207 and authorizing a total construction budget of $160,929, and authorization for the City Manager to execute the agreement on behalf of the City. Attachment: Draft Form of Agreement City of South San Francisco Page 2 Printed on 7/26/2016 CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION PART II PROJECT NAME: FIRE STATION 64 ROOF GIRDER REPLACEMENT PROJECT PROJECT NO. PF1608 ENGINEERING FILE NO. PB -15 -11 k . CONTRACTOR NAME: SOUTHWEST CONSTRUCTION AND PROPERTY MANAGEMENT 1213 SAN MATEO AVENUE SAN BRUNO, CA 94066 BID NUMBER: 2587 AGREEMENT FOR PUBLIC IMPROVEMENTS GENERAL PROVISIONS 315 MAPLE AVENUE SOUTH SAN FRANCISCO, CALIFORNIA 94080 (650) 829 -6652 -12- FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS Attachment A — Escrow Agreement for Security Deposits in Lieu of Retention -13- 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. Time for Performance A -2 6. Rights of City to Increase Working Days A -2 7. Option of City to Terminate Agreement in A -2 Event of Failure to Complete Work 8. Termination of Contract for Convenience A -3 9. Liquidated Damages A -5 10. Performance by Sureties A -5 11. Care of the Work A -5 12. Payments to Contractor A -5 13. Contract Security A -6 14. Hold - Harmless Agreement and Contractor's Insurance A -7 15. Insurance A -7 16. Proof of Carriage of Insurance A -8 17. Emergency - Additional Time for Performance A -8 Procurement of Materials 18. Provisions Cumulative A -9 19. Notices A -9 20. Interpretation A -10 Attachment A — Escrow Agreement for Security Deposits in Lieu of Retention -13- FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this 27th, day of July, 2016, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called "CITY" and SOUTHWEST CONSTRUCTION & PROPERTY MANAGEMENT, INC., hereinafter called "CONTRACTOR "'. WITNESSETH: 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 JULY 27, 2016, notice duly given, the City 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: 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 FIRE STATION 64 ROOF GIRDER REPLACEMENT PROJECT, PROJECT NO. PF1608, BID NO. 2587; 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: This Agreement; Notice Inviting Bids; the Accepted Bid; the complete plans, profiles, detailed drawings, Standard Plans and Specifications, including Standard Specifications, General Provisions, Special Provisions and Technical Provisions; Faithful Performance Bond; Payment Bond; Bid Schedule and Wage Scale. 'The 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. -14- 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: FIRE STATION 64 ROOF GIRDER REPLACEMENT PROJECT, PROJECT NO. PF1608, BID NO. 2587. 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 One Hundred Nineteen Thousand, Two Hundred and Seven Dollars ($119,207). Said price is determined by the lump sum price contained in Contractor's 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. Time for Performance. The Contractor shall complete the Work called for under the contract in all parts and requirements within twenty five (25) working days as defined in the Special Provisions. The Engineer shall furnish the Contractor a monthly statement showing the number of working days charged to the contract for the preceding month, the number of working days specified for the completion of the contract, and the number of working days remaining to complete the contract. 6. 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) 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. 7. Option of City to Terminate Agreement in Event of Failure to Complete Work. If Contractor shall have 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 -15- 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 (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. 8. 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 7- 1.16, "Contractor's Responsibility for the Work and Materials," of the Standard Specifications 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. (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 9 -1.06, "Partial Payments," of the Standard Specifications 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 9 -1.06, "Partial Payments," of the Standard Specifications and for materials furnished by the City for use in the Work and unused shall terminate when the -16- 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: (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 8 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 9- 1.0713, "Final Payment and Claims," of the Standard Specifications 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. 17- 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 8 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 8 shall prevail. 9. Liquidated Damages. If the overall deadline for project completion and/or any of the milestone deadlines are not met and/or particular contract requirements are not met, damages will be sustained by the City, and it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain. As such the Contract will be subject to the liquidated damages named in the Special Provisions or $1,000 per calendar day, whichever is greater, and should the Contractor fail to meet any milestone deadline or overall project deadline or fail to meet particular contract requirements as named in the general provisions. 10. 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 have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) 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) 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." 11. Care of the Work. Contractor has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors, and limitations affecting the performance of this Agreement. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. 12. Payments to Contractor. (A) Monthly Progress Payments. On or before the tenth day of each and every month during the progress of the Work following the Notice to Proceed, Contractor shall submit to the City Engineer a complete itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract sum applicable thereto. On approval in writing of said statement by the Engineer, the payment request shall be submitted to the City Council for approval and within ten (10) days after approval thereof by the City Council, City shall pay Contractor a sum based upon ninety -five percent (95 %) of the contract price apportionment of the labor and materials incorporated into the improvement under the contract during the month covered by said statement. (B) Notice of Completion and Final Payment. City shall file with the County Recorder's Office a Notice of Completion within ten (10) days after said improvements shall have been completed and accepted by City and written proof of said filling shall be delivered to the City Clerk. The remaining five percent (5 %), less that amount withheld by City to correct defective work or otherwise complete the contract, shall be paid Contractor thirty (30) days after recordation of the notice of completion of the Work, on duly certified voucher therefore, after Contractor shall have furnished City with a release of, or bond against all claims against City, if required by City, arising under and by virtue of this contract, and work done, and materials furnished hereunder. In the event that there are any claims specifically excepted by Contractor, if permitted by City, from the operation of the release, there shall be retained by City stated amounts to be set forth therein and approved by the Engineer. If there be any claims filed against the Work, City shall withhold final payment until the validity of such claims shall have been properly determined and in this regard City is hereby empowered to pay directly to claimant the full amount of any valid claims. (C) Escrow Account for Retention. Pursuant to Chapter 13 (commencing with Section 4590) Division 5, Title 1 of the Government Code of the State of California, securities may be substituted for any moneys withheld by a public agency to ensure performance under a contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally Chartered Bank as the escrow agent, who shall release such securities to Contractor following the expiration of thirty (30) days from the date of filing of a Notice of Completion of the Work by City, unless such securities are to be withheld by City to correct defective work or otherwise complete the contract or are subject to withholding by City to satisfy stop notices or other calms and costs associated therewith. The request for substitution of securities to be deposited with the City, or with a State or Federally Chartered Bank as escrow agent, shall be submitted on the form entitled "Supplemental Agreement No. _ Substitution of Securities for Funds Withheld ", which, when executed by the Contractor and the City, shall constitute a Supplemental Agreement forming a part of this Contract. The City shall have thirty (30) days from receipt of any written request, properly completed and signed by the Contractor and, if applicable, accompanied by an escrow agreement in a form acceptable to City, to approve said request and effect the substitution. City shall not unreasonably withhold approval of said request. City shall determine the value of any security so deposited. Such Supplemental Agreement, see Attachment A, and any escrow agreement shall provide for the release of the securities to Contractor as set forth herein and shall also set forth the manner in which City may convert the securities or portions thereof to cash and apply the proceeds to the accomplishment of any purposes for which moneys may be withheld and utilized as described in this Contract, including but not limited to the completion of the contract, correction of defective work and the answering of any stop notice claims and litigation cost thereof. Securities eligible for investment under this Section shall be those listed in California Government Code Section 16430 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. -19- 13. Contract Security. Concurrently with the execution hereof, Contractor shall furnish: (1) a surety bond in an amount equal to at least one hundred percent (100 %) of the contract price as security for the faith performance of this contract; and (2) a separate surety bond in an amount equal to at least one hundred percent (100 %) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract in accordance with Section 4200 -4208, inclusive, of the Government Code of the State of California. Sureties on each of said bonds and the form thereof shall be issued by a California- admitted surety, satisfactory to the City and be approved by the Engineer. 14. 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. 15. 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 the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement ". (B) Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: -20- $ 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) days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: W "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, 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. 16. 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) 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 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 -21- 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. 17. Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the Federal or State government restricts, regulates or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulation or controls, Contractor is, through no fault of Contractor, unable to perform this agreement, or the work is thereby suspended or delayed, any of the following steps may be taken: (A) City may, pursuant to resolution of the Council, grant Contractor additional time for the performance of this agreement, sufficient to compensate in time, for said delay or suspension. To qualify for such extension of time, Contractor, within ten (10) days of Contractor's discovering such inability to perform, shall notify the Engineer in writing thereof and give specific reason therefore; Engineer shall thereupon have sixty (60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in Work in accordance with other provisions of this agreement. Substituted materials, or changes in the Work, or both, shall be ordered in writing by the Engineer and the concurrence of the Council shall not be necessary. All reasonable expenses of such procurement incurred by the Engineer shall be defrayed by Contractor; or (B) If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days written notice to the other, terminate this agreement. In such event, the Contractor shall be compensated for all work executed upon a unit or upon a cost -plus ten percent (10 %) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of termination specially ordered for the project and which cannot be utilized by Contractor, shall be compensated for by City at cost, including freight, provided that Contractor shall take all steps possible to minimize this obligation; or (C) City Council, by resolution, may suspend this agreement until the cause of inability is removed, but for a period not to exceed (30) days. If this agreement is not cancelled and the inability of Contractor to perform continues, without fault on Contractor's part, beyond the time during which the agreement may have been suspended, as herein provided, City Council may further suspend this agreement, or either party hereto may, without incurring any liability, elect to declare this agreement terminated upon the ground of impossibility of performance. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council, by resolution, and, Contractor shall be notified in writing thereof within five (5) days after the adoption. In such event, the Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been performed; or (D) City may terminate this agreement, in which case Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been performed. Such termination shall be authorized by resolution of the Council. Notice thereof shall be forthwith given in writing to Contractor and this agreement shall be terminated upon receipt by Contractor of such notice. In the event of the termination in this subparagraph (D), none of the covenants, conditions or provisions hereof shall apply to the work not performed and City shall be liable to Contractor only for the proportionate compensation last herein mentioned. -22- 18. Provisions Cumulative. The provisions of the Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 19. 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: 20. Interpretation. As used herein, any gender includes each other gender, the singular included the plural and vice versa. MW> -23- 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 Clerk ATTEST: City Attorney CITY: City of South San Francisco, a municipal corporation LN Mike Futrell, City Manager CONTRACTOR: LM (If Contractor is an individual, so state. Contractor is a Corporation, a corporate seal or signatures of the President or Vice President the Secretary Treasurer are required). 2 -24- 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 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. SAP 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. -25- 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 two 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: Title Name On behalf of Contractor: Title Name Signature Signature Address IL Address On behalf of Escrow Agent: Ii Title Name Signature Address At the time the Escrow Agent is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. -26- IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Title Name Signature Approved as to form: City Attorney r, r,q L Contractor: Title Name Signature -27- ttest: ty Clerk GENERAL PROVISIONS TABLE OF CONTENTS SECTION Page No. SECTION I - DEFINITION OF TERMS GP -1 SECTION II - PROPOSAL REQUIREMENTS GP -3 1. General Information 2. Proposal Form 3. Bid Prices to Cover Entire Work 4. Examination of Plans, Specifications, Special Provisions and Site of Work 5. Proposal Guaranty 6. Rejection of Proposals Containing Alterations, Erasures or Irregularities 7. Competency of Bidders — Proposal Requirements 8. Subcontractors SECTION III - AWARD AND EXECUTION OF CONTRACT GP -5 1. Award of Contract 2. Return of Proposal Guaranties 3. Contract Bonds 4. Liability Insurance Required 5. Execution of Contract SECTION IV - SCOPE OF WORK 1. Work to be Done 2. Safety Program 3. Removal of Obstructions 4. City Directed Change Orders 5. Alterations 6. Contractor Proposed Change Orders 7. All Change Orders 8. Change Order Pricing 9. Liability for Unapproved Change Orders 10. Change Order Disputes SECTION V - CONTROL OF WORK U 1. Authority of the Engineer 2. Conformity with Plans 3. Coordination of Plans, Specifications and Special Provisions 4. Conflict between Parts of Contract Documents GP -6 GP -9 5. Interpretation of Plans and Specifications 6. Superintendence 7. Lines and Grades 8. Inspection 9. Removal of Defective and Unauthorized Work 10. Final Inspection 11. Record Drawings 12. Cost Reduction Incentive SECTION VI - CONTROL OF MATERIALS 1. Source of Supply and Quality of Materials 2. Defective Materials GP -14 3. Samples and Tests 4. General Materials and Substitutions Requirements 5. Storage or Disposal of Materials Outside of the Right of Way 6. Construction and Demolition Waste Management Plan (WMP) SECTION VII - LEGAL RELATIONS AND RESPONSIBILITY 1. Laws to be Observed 2. Trench Safety and Differing Subsurface Conditions 3. Hours of Labor 4. Review of Per Diem Rates 5. Prevailing Wage 6. Registration of Contractors 7. Permits and Licenses 8. Patents 9. Contractor's Field Office 10. Utilities 11. Contractor Cooperation & Coordination 12. Public Convenience 13. Public Safety 14. Preservation of Property 15. Responsibility for Damage 16. Contractor's Indemnities 17. Contractor's Responsibility for Work 18. Portion of Work which may be Placed in Service 19. No Personal Liability 20. No Abrogation of Codes, Standards, Laws and Ordinances 21. Guaranty 22. General Safety Requirements 23. Fair Employment Provisions 24. Employment of Apprentices SECTION VIII - PROSECUTION AND PROGRESS 1. Subcontracting 2. Assignment 3. Time of Completion and Statement of Working Days -29- GP -17 GP -29 4. Progress of the Work and Time of Completion 5. Character of Workers 6. Temporary Suspension of Work 7. No Contractor Damages for Avoidable Delays 8. Impact of Unavoidable Delays 9. No Contractor Damages for Contractor Caused Delay 10. No Contractor Damages for Delay Not Caused by the City, Delay Contemplated by the Parties, or other Reasonable Delay 11. Delays Caused by the City and/or Its Privities 12. Delay Claims 13. Contractor Coordination of the Work 14. Liquidated Damages 15. Suspension of Contract 16. Communications 17. Audit and Examination of Records 18. Project Schedule SECTION IX - MEASUREMENT AND PAYMENT 1. Measurement of Quantities 2. Progress Payments 3. Scope of Payment 4. Stop Notice Retention 5. Progress Payment Deductions 6. Acceptance of the Work 7. Final Payment 8. Travel & Subsistence Payments 9. Notice of Potential Claim 10. Claims 11. False Claims Affidavit 12. Claims Processing and Review 13. Extra Work r 14. Force Account Work -30- T GP -37 SECTION I DEFINITION OF TERMS 1. Bidder. Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. 2. Calendar Day. A calendar day shall be any day including all legal holidays, Saturdays, and Sundays. 3. City. The City of South San Francisco, State of California, acting through the City Council, or other duly authorized agents. 4. Contract. The written agreement covering the performance of the work. The complete contract includes the Agreement for Public Improvements, the Notice Inviting Bids, the proposal, plans, specifications, contract bonds, and all supplemental agreements affecting the work. 5. Contractor. The person or persons, firm, partnership, corporation, or combination thereof, private or municipal, who have entered into the contract with the City, or the City's legal representative. 6. Engineer or Works Engineer. The duly appointed Engineer of the City of South San Francisco, acting directly or through properly authorized agents limited by the particular duties entrusted to them. L & 7. Inspector. The Inspector or Inspectors of the Engineer of the City of South San Francisco, limited by the particular duties entrusted to them. 8. Notice of Award. Written notice from the City to the successful lowest responsive and responsible bidder stating that upon compliance with all contract prerequisites and conditions, the City will execute the Contract with that bidder for the Work. 9. Notice to Proceed. Written notice from the City to the Contractor setting a date on which Contract time will start and authorizing the Contractor to proceed with the Work. 10. Plans. The drawings, or reproduction thereof, approved by the Engineer, pertaining to the work, and made a part of the contract, including City's Standard Drawings and Caltrans' Standard Plans dated May 2006. 11. Specifications. The information, directions, provisions, and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specifications, General Provisions, those administrative subsections of Caltrans' Standard Specifications that are specifically referenced in this Contract and the non - administrative sections (Sections 10 through 95) of Caltrans' Standard Specifications dated May 2006. -31- 12. Superintendent of Streets. The Engineer (Ex- officio Superintendent of Streets) of the City of South San Francisco, acting directly or through properly authorized agents. 13. The Work. The improvement, structure, project, or construction contemplated in the contract, the furnishing of all necessary labor, materials, tools and other devices, and the doing or performing by the Contractor of all things required to be done for the fulfillment of the contract as provided therein. 14. Working Day. A working day is defined as any day, except as follows: a. Saturdays, Sundays and Legal Holidays; b. Days on which the Contractor is prevented by inclement weather or conditions resulting immediately there from adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations; c. Days on which the Contractor is prevented, by reason of requirements in the "Maintaining Traffic and Working Hours" section of the Special Provisions, from working on the controlling operation or operations for at least 60 percent of the total daily time being currently spent on such controlling operation or operations; d. The current controlling operation or operations are defined to include any feature of the work (e.g., an operation or activity, or a settlement or curing period) considered at the time by the Engineer, which if delayed or prolonged, will delay the time of completion of the Work; or e. Legal Holidays are defined as those holidays observed by the City of South San Francisco as specified in the current Memorandum of Understanding (MOU) between the City of South San Francisco and the American Federation of State, County and Municipal Employees, Local 1569, AFL -CIO, except that half holidays in the MOU shall be considered full holidays under the Contract. -32- SECTION II PROPOSAL REQUIREMENTS 1. General Information. Sealed proposals, addressed to the City Council of the City of South San Francisco, will be received by the Purchasing Officer and will be publicly opened and read at the time and place stated in the Notice to Inviting Bids. Any bid may be withdrawn at any time prior to the hour fixed in the Notice Inviting Bids for the opening of the bids provided that a request in writing, executed by the bidder or the bidder's duly authorized representative, for the withdrawal of such shall not prejudice the right of a bidder to file a new bid. 2. Proposal Form. The City will furnish to each bidder a standard proposal form, which, when filled out and executed shall be submitted as their bid. Bids not presented on forms so furnished may, in the City's sole discretion, be deemed non- responsive and rejected on that basis. On all bid items for which bids are to be received on a unit price basis, the unit price for all items bid shall be shown, as well as the extended price (unit price multiplied by the number of units shown on the proposal form) for each bid item bid. In the case of any discrepancy between the extended price for any bid item bid, the unit price multiplied by the number of units shall prevail. In the event of any discrepancy between the total contract amount and the sum of the extended prices of all items, the sum of the extended prices of all items shall prevail. The proposal shall set forth the item prices and totals, in clearly legible figures, in the respective spaces provided and shall be signed by the bidder, who shall fill out all blanks in the proposal form as therein required. The bidder shall also fill out all blanks in the proposal forms for any alternative to the project proposed by the City; failure to do so may, in the City's sole discretion, result in the proposal being considered non - responsive and rejected on that basis. 3. Bid Prices to Cover Entire Work. Payment for the work done under this contract shall be as set forth on the Bidder's Sheet for Proposal. Bidder shall include the entire cost of the work contemplated in the contract, as required by the plans, drawings, specifications, Special Provisions, and General Provisions: and, furthermore, it shall be understood and agreed that the cost of all labor, materials and equipment and all incidentals expense of whatever nature necessary to complete the Work is included. Any part of the Work which is not mentioned in the Specifications, and/or in the Special Provisions, but is shown on the plans, or any part not shown on the plans but described in the Specifications and/or in the Special Provisions, or any part not shown in the plans nor described in the Specifications or Special Provisions, but which is reasonably implied by either, or is necessary or usual in the performance of such work, shall be performed as incidental work, without extra cost to the City, by the Contractor as if fully described in the Specifications or Special Provisions and shown on the plans, and the expense thereof shall be included in the total bid. -33- 4. Examination of Plans, Specifications, Special Provisions, and Site of Work. The bidder is required to examine carefully the site of and the proposal, plans, specifications, and correct forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. The City will not be responsible for any loss or unanticipated cost incurred by the Contractor as a result of the Contractor's failure to estimate in advance all conditions pertaining to the Work, including underground facilities and sewers that may have to be relocated. 5. Proposal Guaranty. All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond, made payable to the City of South San Francisco, for the amount equal to at least ten per cent (10 %) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, or certified check, or bidder's bond is enclosed therewith. 6. Rejection of Proposals Containing Alterations, Erasures, or Irregularities. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. 7. Competency of Bidders - Proposal Requirements. Before entering into a contract, the bidder shall satisfy the City that he possesses adequate equipment and has the necessary experience and forces to perform the Work in the manner set forth in these specifications. He shall be a licensed Contractor in the State of California. A City of South San Francisco license will be required before the contract for the Work is signed by the City. 8. Subcontractors. Proposals shall comply with the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 et seq). Pursuant to Section 4104 of said Act, bidder shall in the bid set forth: a. The name and the location of the place of business of each sub - contractor who will perform work or labor or render service to the prime Contractor in or about the construction of the Work or improvement in an amount in excess of one -half of one percent of the prime Contractor's total bid. b. The portion of the Work, which will be done by each such subcontractor under this Act. The prime Contractor shall list only one subcontractor for each of such portions as is defined by the prime Contractor in the Contractor's bid. -34- SECTION III AWARD AND EXECUTION OF CONTRACT 1. Award of Contract. The City reserves the right to reject any and all proposals. The award of the contract, if it is awarded, will be to the lowest responsible bidder, and will be made within sixty (60) calendar days after the opening of the proposal. All bids will be compared on the basis of the Engineer's cost estimate. 2. Return of Proposal Guaranties. Within ten (10) working days after the execution of the Contract, the City will return the proposal guaranties accompanying the proposals that are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. 3. Contract Bonds. The bidder to whom the contract is awarded shall execute a performance bond satisfactory to the City for the Faithful performance of the Work in a sum equal to the amount of the contract. A payment bond shall be furnished securing the claims of persons employed by the Contractor and the claims of persons who furnish materials, supplies or equipment used or consumed by the Contractor in the performance of the Work. This bond shall be in a sum equal to the amount of the contract. 4. Liability Insurance Required. See Section 14, "Hold - Harmless Agreement and Contractor's Insurance" and Section 15, "Insurance" of the Agreement for Public Services. 5. Execution of Contract. The contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) working days, after the bidder has received the Notice of Award. Failure to execute the contract and file acceptable bonds within the specified time shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. -35- SECTION IV SCOPE OF WORK 1. Work to be Done. The work to be done consists of furnishing all labor, materials, methods or processes, implements, tools, and machinery, except as otherwise specified, which are required to construct and put into complete order for use the Work described in the Special Provisions, and to leave the grounds in a neat condition. 2. Safety Program. a. The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety and to all requirements as set forth in the State of California Construction Safety Orders (CAUOSHA), and in particular, Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings. Within ten (10) working days following Notice of Award the Contractor must submit to the City a copy of the Contractor's Safety Plan. b. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. 3. Removal of Obstructions. The Contract shall remove and dispose of all structures, debris, or other obstructions of any character to the Work to be performed. 4. City Directed Change Orders. The City may, at any time during the progress of the Work, direct any amendments to the Work or any of the Contract Documents. Such amendments shall in no way void the Contract, but will be applied to amend the Contract Price, if such amendments affect the Contract Price, the Project schedule (if such amendments affect the Project schedule), or any other provision of the Contract Documents based on a fair and reasonable valuation of the amendment in accordance with this Section IV. 5. Alterations. Subject to the provisions of Section 4 -1.03, "Changes" of the Standard Specifications and unless otherwise specified, the City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the Engineer, also to make such alterations or deviations, additions to, or omissions from the plans and Specifications, as may be determined during the progress of the Work to be necessary and advisable for the property completion thereof. Upon written order of the Engineer, the Contractor shall proceed with the Work as increased, decreased or altered. When alterations in plans or quantities of work are ordered and performed, the Contractor shall accept payment in full at the contract unit price for the actual quantities of work done. No allowance will be made in any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as stipulated in such agreements. -36- 6. Contractor Proposed Change Orders. The Contractor shall submit proposed changes to the Engineer no later than 15 days before the proposed change. 7. All Change Orders. All change orders or amendments to Contract Documents must be approved by the Engineer prior to the change or amendment and must be evidenced by a writing executed by authorized representatives of the City and the Contractor. All change order proposals must specify any change in the Project schedule, or any project milestone, including, but not limited to, the Time for Completion, under the change order. It is understood that change orders that do not specify a change in any milestone, including, but not limited to, the Time for Completion, may be accomplished by the Time for Completion then in effect. 8. Change Order Pricing Change order pricing for all change orders, whether additive, deductive, or both, will be governed by the following: a. Prices specified in the Contract Documents will apply to cost impacts involving items for which the Contract Documents specify prices. b. Cost impacts involving items for which the Contract Documents do not specify prices, charges or credits will be paid on a time and materials basis in accordance with the following. All costs listed in this Subsection (b) will constitute incidentals, full compensation for which will be deemed included in the markups for labor, material, and equipment specified below, and no additional compensation for such cost impacts will be allowed: (1) Labor. The Contractor will be paid the cost of labor for workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the work, plus a fixed mark up of 15% of such labor cost. (2) Materials. Materials costs will be the direct costs for materials actually exhausted, consumed, or entering permanently into the Work, plus a fixed markup of 15% of such direct materials costs. (3) Equipment. All equipment used will be paid in accordance with the established rates for equipment rental in the Contract Documents, plus a fixed markup of 10% of each such equipment rates. (4) Subcontractors. The Contractor will be paid the cost of Subcontractors plus a fixed markup of 5%. The additional 5% markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a Subcontractor. 9. Liability For Unapproved Change Orders. The Contractor will be solely responsible for any and all losses, costs, or liabilities of any kind incurred by the Contractor, any subcontractor engaged in the performance of the Work, any party supplying material or equipment for the Work or any third party that is /are retained pursuant to Contractor - proposed change orders prior to issuance of an approved change order executed according to the terms of this Section IV. The Contractor shall have all of the obligations and the City -37- will have all of the rights and remedies that are specified in these Contract Documents concerning any work or resulting losses, costs, or liabilities pursuant to an unapproved Contractor- proposed change order. 10. Change Order Disputes. a. Disputed City - Directed Change Orders. If the Contractor disputes a City - directed change order following a reasonable effort by the City and the Contractor to resolve the dispute, including, at a minimum, a meeting between appropriate representatives of the Contractor and the City, the Contractor must commence performing the Work consistent with the disputed change order within five (5) working days of the last meeting between representatives of the Contractor and the City to resolve the dispute, or within the time specified in the disputed City- directed change order, whichever is later. In performing work consistent with a disputed City - directed change order pursuant to this provision, the Contractor will have all of the Contractor's rights concerning claims pursuant to the Contract Documents and applicable law. b. Disputed Contractor - Proposed Change Orders. If the City disputes a Contractor - proposed change order, the City and the Contractor will use reasonable efforts to resolve the dispute including, at a minimum, holding a meeting between appropriate representatives of the Contractor and the City. Regardless of and throughout any such efforts to resolve the dispute, the Contractor must continue performing the Work irrespective of and unmodified by the disputed change order. In continuing to perform the Work, the Contractor will retain all of the Contractor's rights under contract or law pertaining to resolution of disputes and protests between contracting parties. Disputes between the City and the Contractor concerning any Contractor - proposed change order or other amendment do not excuse the Contractor's obligation to perform the Work in accordance with the Contract Documents excluding such Contractor - proposed change order or other amendment by the Time for Completion or waive any other Project milestone or other requirement of the Contract Documents. SECTION V CONTROL OF WORK 1. Authority of the Engineer. The Engineer shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final and he shall have authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. 2. Conformity with Plans. Finished surfaces in all cases shall conform to the lines, grades, cross - sections and dimensions shown on the approved plans. 3. Coordination of Plans, Specifications, and Special Provisions. These specifications, general provisions, special provisions, standard specifications, plans and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe and to provide for a complete work. 4. Conflict Between Parts of Contract Documents. If there is any conflict between the requirements of the various contract documents, the following shall be the order of precedence (in order from highest precedence to lowest): a. Agreement for Public Improvements b. Special Provisions C. Technical Specifications d. Drawings e. City Standard Drawings f. General Provisions g. Standard Specifications h. Standard Plans 5. Interpretation of Plans and Specifications. Should it appear that the work to be done or any matter relative thereto are not sufficiently detailed or explained in the these specifications, plans, and the Special Provisions, the Contractor shall apply to the Engineer well in advance of the time a clarification is needed for such further explanations as may be necessary and shall conform to those explanations as part of the contract, so far as may be consistent with the original specifications. The Engineer's decision regarding definitions or clarifications will be final. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. 6. Superintendence. Contractor shall give personal superintendence to the work on said improvements or have a competent foreman or superintendent, satisfactory to the Engineer, at the work site at all times during progress with authority to act for the -39- Engineer. Whenever the Contractor is not present on any part of the work site where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the Superintendent or foremen in charge of the particular work in reference to which the orders are given. 7. Lines and Grades. Contractor shall be responsible to set lines and grades for construction. 8. Inspection. The Engineer shall at all times have access to the Work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials used and employed in the Work. Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. The inspection of the Work shall not relieve the Contractor of any of the Contractor's obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated for payment. 9. Removal of Defective and Unauthorized Work. All work, which has been rejected, shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be removed, and to deduct the costs from any monies due or to become due the Contractor 10. Final Inspection. Whenever the Work provided and contemplated by the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make the final inspection. 11. Record Drawings. The Contractor shall keep and maintain, on the job site, one record set of Drawings. On these, the Contractor shall mark all project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated in the Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to indicate, fully, the work as actually constructed. These master record drawings of the contractor's representation of as built conditions, including all revisions made necessary by addenda, change orders, and the like shall be maintained up to date during the progress of the work. In the case of those drawings which depict the detailed requirements for equipment to be assembled and wired in the factory, such as motor control centers and the like, the record drawing shall be updated by indicating those portions which are superseded by change order drawings or final shop drawings, and by including appropriate reference information describing the change orders by number and the shop drawings by manufacturer, drawing, and revision numbers. Record drawings shall be accessible to the Engineer at all times during the construction period and shall be delivered to the Engineer upon completion of the Work. Final payment will not be approved until the Contractor prepared record drawings have been delivered to the Engineer. Said up to date record drawings may be in the form of a set of prints with carefully plotted information as approved by the Engineer. Upon substantial completion of the Work and prior to final acceptance, the Contractor shall complete and deliver a complete set of record drawings to the Engineer for transmittal to the City, conforming to the construction records of the Contractor. This set of drawings shall consist of corrected plans showing the reported location of the Work. The information submitted by the Contractor and incorporated by the Engineer into the Record Drawings will be assumed to be reliable, and the Engineer will not be responsible for the accuracy of such information, nor for any errors or omissions that may appear on the Record Drawings as a result. 12. Cost Reduction Incentive. The Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards. Cost reduction proposals shall contain the following information: a. A description of both the existing contract requirements for performing the Work and the proposed changes. b. An itemization of the contract requirements that must be changed if the proposal is adopted. C. A detailed estimate of the cost of performing the Work under the existing contract and under the proposed change. The estimates of cost shall be determined in the same manner as if the Work were to be paid for on a force account basis as provided in Section IX -14, "Force Account Work" of these General Provisions. d. A statement of the time within which the Engineer must make a decision thereon. e. The contract items of work affected by the proposed changes, including any quantity variation attributable thereto. The provisions of this section shall not be construed to require the Engineer to consider any cost reduction proposal which may be submitted hereunder; proposed -41- changes in basic design of a bridge or of a pavement type will not be considered as an acceptable cost reduction proposal; the City will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted pursuant to this section nor for any delays to the Work attributable to any such proposal. If a cost reduction proposal is similar to a change in the plans or specifications, under consideration by the City for the project, at the time said proposal is submitted or if such a proposal is based upon or similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this section. The Contractor shall continue to perform the Work in accordance with the requirements of the contract until an executed change order, incorporating the cost reduction proposal has been issued. If an executed change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal shall be deemed rejected. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted. The City reserves the right where it deems such action appropriate, to require the Contractor to pay in part or whole the City's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall indicate acceptance thereof in writing, and such acceptance shall constitute full authority for the City to deduct amounts payable to the City from any monies due or that may become due to the Contractor under the contract. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this section. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the cost reduction proposal effectuated by the change order, and shall further provide that the Contractor be paid 50 percent of said estimated net savings amount. The Contractor's cost of preparing the cost reduction incentive proposal and the City's cost of investigating a cost reduction incentive proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. Acceptance of the cost reduction proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the cost reduction -42- proposal. The amount specified to be paid to the Contractor in the change order which effectuates a cost reduction proposal shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work thereof pursuant to the said change order. The City expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation pursuant to this section, and in that case, only as to those contracts awarded to the Contractor prior to submission of the accepted cost reduction proposal and as to which such cost reduction proposal is also submitted and accepted. Cost reduction proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this section if the identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor. This Section V -12, "Cost Reduction Incentive" of these General Provisions shall apply only to contracts awarded to the lowest bidder pursuant to competitive bidding. M -43- SECTION VI CONTROL OF MATERIALS 1. Source of Supply and Quality of Materials. At the option of the Engineer the source of supply of each of the material shall be approved by the Engineer before the delivery is started. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the Work. Materials used for the Work must be new and of the quality specified. When not particularly specified, materials must be the best of their class or kind. The Contractor must, if required, submit satisfactory evidence as to the kind and quality of materials. All materials proposed for use may be inspected or tested at any time during their preparation and use. After trial, if it is found that source of supply which have been approved so not furnish a uniform product or if the product from any source proves unacceptable at any time the Contractor shall furnish approved material from other approved sources. No material, which, after approval, has in any way become unfit for use shall be used in the Work. 2. Defective Materials. All materials not conforming to the requirements of these specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected. They shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. 3. Samples and Tests. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the Work, for testing or examination as desired by the Engineer. All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these specifications. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. Samples will be secured and tested whenever necessary to determine the quality of material. Contractor shall notify City a sufficient time in advance of the manufacture or production of materials to be supplied by Contractor under this contract in order that City may arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representatives, or prior to the receipt of notice from such representative that such testing and inspection will not be required, shall not be incorporated on the job of said improvements. Contractor shall also furnish City, in triplicate, certified copies of all required factory and mill test reports. .. 4. General Materials and Substitutions Requirements. a. If the Contractor submitted complete information to the Engineer for products proposed as equals in accordance with the bid package, and the City approved such products proposed as equals in writing, the Contractor may either furnish such products approved as equals, or furnish the products listed by manufacturer name, brand or model number in the Technical Specifications or Project Plans. The City retains the right, in its sole discretion, to accept or reject any other proposed substitution. To be considered, proposals concerning products proposed as equals must include sufficient information to permit the City to determine whether the products proposed as equals will satisfy the same performance requirements as products listed by manufacturer's name, brand or model number. Such performance requirements may include, but are not limited to, size, strength, function, appearance, ease of maintenance and repair, and useful life requirements. If the City does not accept a proposed substitution, the Contractor must furnish the product specified in the Technical Specifications or Project Plans for the Contract Price, regardless of whether the product is specified by manufacturer's name, brand or model number, or otherwise. b. During the performance of the Work, all materials must be neatly stacked, properly protected from the weather and other adverse impacts, and placed so as to avoid interference with efficient progress of the Work, with other activities of the City, or with the use of existing City facilities by the public. Materials may not be stored in a manner that presents a safety hazard or a nuisance. All materials must be delivered so as to ensure efficient and uninterrupted progress of the Work. Materials must be stored so as to cause no obstruction and so as to prevent overloading of any portion of the Work. The Contractor will be responsible for damage or loss of materials delivered to and/or stored at the work site due to weather or other causes. The Contractor must promptly remove from the work site all materials rejected by the City or its representatives as failing to conform to the requirements of the Contract Documents, whether such non - conforming materials have been incorporated in the Work or not. If the City or its representatives so direct, the Contractor must promptly replace and re- execute work performed by the Contractor and order the replacement and re- execution of work performed by subcontractors using non - conforming materials with materials that satisfy the requirements of the Contract Documents without expense to the City. The Contractor will bear the expense of making good all work destroyed or damaged by such removal. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in this section concerning any failure by the Contractor to replace or re- execute work using non - conforming materials, and/or to make good all work destroyed or damaged by such removal and/or execution. C. If any portion of the Work done or material furnished under this Contract proves defective and not in accordance with the Project Plans or Technical Specifications, and if the Engineer determines that the imperfection of the same is not of sufficient magnitude or importance to make the Work dangerous or undesirable, or if the removal of such work, is impractical or will create conditions which are dangerous or undesirable, the Engineer may retain such work, instead of requiring the imperfect work to be removed and reconstructed, and make such deductions therefore in the payments due or to become due the Contractor as are just and reasonable. -45- 5. Storage or Disposal of Material Outside the Public Right of WU. If the Contractor stores or disposes of material outside of the public right of way, and the City has not made arrangement for storage or disposal of the material, the Contractor shall first obtain written authorization from the property owner on whose property the storage or disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City from any and all responsibility in connection with the storage or disposal of material on the property. Contractor must also obtain any necessary permits, licenses and environmental clearances to store or dispose of material on private property. Before any material is stored or disposed of on private property, the Contractor shall obtain written permission from the Engineer to store or dispose of the material at the location designated in the authorization. If the Contractor elects to store or dispose of material subject to this paragraph, the Contractor shall pay those charges that are provided for in the agreement between the owner and the Contractor. Where the City has made arrangements with owners of land in the vicinity of a project for the storage or disposal of materials on a private owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to store or dispose of the materials on the property. Bidders or Contractors may, upon written request, inspect the documents evidencing the arrangements between property owners and the City. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained. If the Contractor elects to store or dispose of materials on private property subject to this paragraph, the use of the private property shall be subject to the terms, conditions, and limitations of the arrangement made between the property owner and the City and the Contractor shall pay those charges that are provided for in the arrangement made by the City with the property owner, and deductions will be made from any moneys due or that may become due the Contractor under the Contract sufficient to cover the charges for the material stored or disposed of. When material is stored or disposed of as provided in this section, and the storage or disposal location is visible from public view, the Contractor shall store or dispose of the material in a neat and uniform manner to the satisfaction of the Engineer. Material storage as used in this section also includes vehicle parking. 6. Construction and Demolition Waste Management Plan (WMP). The City is mandated by the State of California to divert 50% of all solid waste from landfills either by reusing or recycling. To help meet this goal, a City ordinance requires completion of a solid waste management plan (WMP) for covered building and public works projects. The WMP shall identify how at least 50% on non -inert project waste materials and 100% inert materials (50 /100) will be diverted from the landfill through recycling, reuse and/or salvage. The Contractor shall submit and implement an approved WMP as indicated in the Special Provisions. SECTION VII LEGAL RELATIONS AND RESPONSIBILITY 1. Laws to be Observed. The Contractor shall stay fully informed of all existing and future State and National Laws, including all provisions of Section 1776 of the Labor Code, and Municipal Ordinances and Regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees. In addition, the Contractor shall meet all standards of the State and Federal Government for air, water and noise pollution. The Contractor shall inform the City of the location of the records enumerated under Section 1776(a) of the Labor Code, including the street address, city and county, and shall within five working days, provide a notice of a change of location and address. If there is any conflict between these specification and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately. All necessary permits or approvals from any involved agency shall be obtained by the Contractor before any work is started. 2. Trench Safety and Differing Subsurface Conditions. a. Excavation More Than Four Feet Deep. In accordance with California Public Contract Code Section 7104, if work involves excavation more than four feet deep, the Contractor must promptly notify the City in writing before any of the following are disturbed: any material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; any subsurface or latent physical conditions at the work site different from those indicated; or any unknown physical conditions at the work site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The City will promptly investigate any such conditions for which notice is given. If the City finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the cost or time of performance of the Work, the City will issue a change order pursuant to Section IV -4, "City Directed Change Orders" of these General Provisions If a dispute arises between the City and the Contractor concerning whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the cost or time of performance, the Contractor shall not be excused from any completion date provided in the Contract Documents, but shall proceed with all work to be performed under the Contract Documents. The Contractor shall retain any and all rights provided either by contract or by law pertaining to the resolution of disputes and protests between the contracting parties. b. Excavation of Five Feet or More. In accordance with California Labor Code Section 6705, if this contract exceeds $25,000 in cost and involves excavation five or -47- more feet deep must submit for the City's acceptance, prior to excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. No trench safety plan shall be less effective than that required by the Construction Safety Orders and other mandates of the Division of Occupational Safety and Health. If the plan varies from the shoring system standards established by the Construction Safety Orders and other applicable mandates, it must be prepared by a licensed civil or structural engineer. Acceptance by the City of the detailed trench safety plans submitted is only an acknowledgement of the submission and does not constitute review or approval of the designs, design assumptions, criteria, completeness, applicability to areas of intended use, or implementation of the trench safety plans, which are solely the responsibility of the Contractor and the Contractor's Licensed Engineer. 3. Hours of Labor. The Contractor shall forfeit, as penalty to the City of South San Francisco, fifty dollars ($50) for each worker employed in the execution of the contract by the Contractor or by any subcontractor under the Contractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and in particular, Section 1810 to Section 1816 thereof, inclusive. 4. Review of Per Diem Rates. Reference is hereby made to the prevailing rate of per diem wages adopted by the City Council of the City of South San Francisco in accordance with Labor Code Section 1770 et seq., copies of which are on file in the office of the City Clerk and the Office of the Engineer, City Hall, South San Francisco, California, and available for inspection by interested parties. If a petition is filed in accordance with Labor Code Section 1773.4 calling for a review of the rates as so established, the closing rate for the submission of bids or the start of work, whichever is applicable shall be extended as in such section provided, and the determination made by the Director of Industrial Relations shall be deemed included in the contract for this Work. 5. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this contract, shall be not less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director's authority under Labor Code Section 1770 et seq. Each laborer, worker or mechanic employed by a Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay fifty dollars ($50) per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractor's bid, and will not, under any circumstances be considered as the basis of a claim against the City on the contract. NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 -1775. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. The Contractor and subcontractor's attention is directed to the provisions of Section 1776 of the California Labor Code and to the requirements therein pertaining to the keeping, availability, and filing of accurate payroll records of all journeymen, apprentices, and other workers performing work under this Contract. The Contractor agrees to comply with the requirements of said section. Prior to each monthly progress payment, the Contractor shall deliver to the Engineer copies of certified payrolls of its and all subcontractors' forces performing work at the job site (or sites established primarily for the work) for labor compliance purposes and extra/force account considerations. Such records shall be kept current on an effective day or period basis and in a form acceptable to the Engineer. At a minimum, the form shall include the following information: 1. Employee identification by name 2. Employee's address and social security number 3. Employee's craft and classification (in accordance with Director of Industrial Relations' wage determinations) 4. Employee's actual per diem wages (in compliance with Part I, Notice to Contractors, and this Section GC -20, Laws and Regulations) 5. Employee's subsistence and travel allowance (as applicable) 6. Employee's straight time and overtime hours worked each day and week 7. Itemized deductions made from employee's wages 8. Apprentices and ratio of apprentices to journeymen 9. Contractor's or subcontractor's firm or company name, date or period for which applicable wage rates and allowances are effective, and the employer's signature. The certified payroll records shall be kept on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as the forms provided by the Division in addition to the above - listed information. For all projects awarded on or after April 1, 2015, in addition to submitting the certified payrolls to the Engineer, the Contractor shall furnish the records specified in California Labor Code section 1776, including but not limited to the certified payrolls, directly to the Labor Commissioner. The Contractor shall furnish the records specified in California Labor Code section 1776 to the Labor Commissioner for all projects, whether such project is a new project awarded on or after, or an ongoing project awarded prior to, January 1, 2016. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury stating: (1) The information contained in the payroll is true and correct; and (2) The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by its employees on the Project. The Contractor shall inform the City of the location of the above payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of change of location and address. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting certified payroll records. In the event that the contractor or subcontractor fails to comply within the 10 -day period, he or she shall, as a penalty to the District, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. The Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the District shall be marked or obliterated in accordance with California Labor Code section 1776. Compliance with the above provisions of this Part II, and California Labor Code, Section 1776, shall be the responsibility of the Contractor or subcontractor. Pursuant to Labor Code Section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation that include, but are not limited to, payment of prevailing wages. 6. Registration of Contractors. Before submitting bids, Contractors shall be licensed in accordance with the provisions of the State Contractors' License Law, Business and Professions Code 7000 et seq. as amended. Pursuant to California Labor Code section 1771.1, by execution below, the Bidder and its Subcontractors certify that they are registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code, subject to limited legal exceptions. -50- 7. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work. A City of South San Francisco Business License will be required before the contract is signed by the City. 8. Patents. The Contractor shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 9. Contractor's Field Office. a. The Contractor and the Contractor's subcontractors may maintain such office facilities within or near the project area as are necessary for the proper conduct of the Work. The locations for such office facilities shall be as approved by the Engineer. Before or during this contract, should the Contractor desire a new or different location, he shall apply to the Engineer for the change of locations and shall only make such change with the approval of the Engineer. All office facilities used by the Contractor and/or its privities must conform to all applicable codes, ordinances and regulations. The cost of such facilities will be paid from and included in the Contract Price. b. The City and its authorized representatives will at all reasonable times while such office facilities are located at the work site (including, at a minimum, all times during which the Work is performed), have access to any such work site office facilities used by the Contractor and/or its privities. With respect to the right of access of the City and its authorized representatives, neither the Contractor nor its privities will have a reasonable expectation of privacy pursuant to the Fourth Amendment to the United States Constitution or other applicable law concerning such Work site office facilities used by the Contractor and/or its privities. Without exception, any and all Project related materials located at such work site facilities will be deemed at all times to be City property subject to inspection and copying by the City and its authorized representatives at all reasonable times while such facilities are located at the work site (including at a minimum, all times during which the Work is performed). Any interference by the Contractor or its privities with the City's rights of access and/or ownership pursuant to this section will constitute a material breach of the Contract subject to any and all remedies available pursuant to the Contract Documents and at law and equity. 10. Utilities. The location in public streets of pipes, conduits and other underground facilities of the public utility companies and of the City may not be indicated on the plans. Bidders are instructed to apply to companies and City departments concerned for any information, which may be needed concerning utilities. 11. Contractor Cooperation & Coordination. The Contractor is advised that other construction and maintenance work may be performed by local utility companies, the City and/or their contractors in the project area concurrent with work performed under this contract. The Contractor shall be responsible for contacting the various utility companies to ascertain the times when such other work will occur and schedule the Contractor's work in -51- coordination with others such that no delays shall occur in the Contractor's work schedule or in others who are working in the area. Failure on the Contractor's part to coordinate with others in overlapping work areas shall not be the basis for any claims against the City, additional compensation nor extension of time. In addition, the Contractor shall be solely responsible for any claims made against the City by others as a result of the Contractor's lack of coordination. This shall include businesses and homeowner's adjacent to the project area. 12. Public Convenience. The Contractor shall so conduct the Contractor's operations as to cause the least possible obstruction and inconvenience to public traffic. Where work is being done on existing public roads or streets, and no detours are available, all traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Due to the need to accommodate and minimize inconvenience to the public, unless expressly specified or approved in writing by the Engineer, no road closures will be permitted. Public vehicular and pedestrian traffic must be allowed to travel through the work area with an absolute minimum of interruption or impedance unless otherwise provided for in writing by the Engineer. The Contractor must make provisions for the safe passage of pedestrians around the area of work at all times. Residents affected by construction must be provided passage and access through the work area to the maximum extent possible. Where existing driveways occur on the street, the Contractor must make provisions for the trench crossings at these points, either by means of backfill or by temporary bridges acceptable to the Engineer, so that the length of shut -down of any driveway is kept to a minimum. In addition, all driveways must be accessible at the beginning and end of each work day, and no driveway or property access may be closed for more than four (4) hours during the work day. Access to driveways, houses, and buildings along the road or street must be as convenient as possible and well maintained, and all temporary crossings must be maintained in good condition. To minimize the need for and complexity of detours, not more than one crossing or street intersection or road may be closed at any one time without the written approval of the Engineer. Except as otherwise provided by the Engineer, the stockpiling or storing of material in City streets or right of ways shall be prohibited. Where the Contractor has received Engineer approval, all such materials must be piled or stored in a manner that will not obstruct sidewalks, driveways, or pedestrian crossings. Gutters and drainage channels must be kept clear and unobstructed at all times. All such materials shall be stored and handled in a manner that protects City streets, sidewalks, or other facilities from damage. Throughout performance of the Work, the Contractor must construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to care for the public and private traffic at all times including Saturdays, Sundays, and holidays. -52- Water shall be applied as directed the Engineer for the prevention of dust nuisance in connection with public convenience. No additional payment will be made for applying water for the prevention of dust. The Contractor shall be responsible for keeping all emergency services, including the South San Francisco police and fire departments informed of obstructions to, or detours around any public or private roads caused by reasons of the Contractor's operations. The Contractor must comply with the State of California, Department of Transportation Manual of warning signs, lights, and devices for use and performance of work within the job site. No work shall begin before 7:00 a.m. nor continue after 5:00 p.m. Monday through Friday, nor shall any work be done on weekends or holidays observed by the City of South San Francisco unless approved in advance by the Engineer. The fact that rain or other causes, either within or beyond the control of the Contractor, may force suspension or delay of the Work, shall in no way relieve the Contractor of Contractor's responsibility of maintaining traffic through the Project and providing local access as specified in this section. The Contractor must, at all times, keep on the job such materials, force, and equipment as may be necessary to keep roads, streets and driveways within the Project open to traffic and in good repair and shall expedite the passage of such traffic, using such force and equipment as may be necessary. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. 13. Public Safety. The Contractor shall furnish, erect, and maintain such fences, barriers, lights, signs and watchmen as are necessary to give adequate warning to the public at all times that the Work is under construction and of any dangerous conditions to be encountered as a result thereof. At any and all points along the Work where the nature of construction operations in progress and the Contractor's equipment and machinery in use is of such character as to endanger passing traffic, the Contractor shall provide such lights and signs and station such guards as may appear necessary to prevent accidents and avoid damage or injury to passing traffic. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each days work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. Should the Contractor fail to provide public safety -53- as specified, or if, in the opinion of the Engineer, the warning devices furnished by the Contractor are not adequate, the City may place any warning lights or barricades or take any necessary action to protect or warn the public of any dangerous condition connected with the Contractor's operations and the Contractor will be liable to the City for, and the City may deduct from amounts due or that may become due the Contractor under the Contract, all costs incurred including, but not limited to, administrative costs. Nothing in this section will be construed to impose tort liability on the City or Engineer. 14. Preservation of Property. Roadside trees and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water lines, all street facilities, and any other improvements or facilities within or adjacent to the Work shall be protected from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored, at the Contractor's expense, to a condition as good as when the Contractor entered upon the Work, or as good as required by the specifications accompanying the contract, if any such objects are a part of the Work being performed under the contract. The Contractor shall examine all bridges, culverts and other structures on or near the Work, over which he will move the Contractor's materials and equipment, and before using them, the Contractor shall properly strengthen such structures, where necessary. The Contractor will be held responsible for any and all injury or damage to such structures caused by reason of the Contractor's operations. The fact that any such pipe or other underground facility is not shown upon the plans shall not relieve the Contractor of the Contractor's responsibility under this article. It shall be the Contractors' responsibility to ascertain the existence of any underground improvements or facilities, which may be subject to damage by reason of the Contractor's operations, and if it is necessary to lower such underground facility or encase it to protect it from damage, it shall be done at the Contractor's expense. 15. Responsibility for Damage. The City of South San Francisco, the City Council, or the Engineer shall not be answerable or accountable in any manner, for any loss or damage that may happen to the Work or any part thereof; or for any of the materials or other things used or employed in performing the Work; or for injury or damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause whatsoever during the progress of the Work or at any time before final acceptance. 16. Contractor's Indemnities. a. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, volunteers and consultants, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor -54- engaged in performance of the Work. To the fullest extent permitted by law the Contractor will indemnify, defend and hold harmless the City, its officials, officers, employees, agents, volunteers and consultants from and against any or all loss, liability, expense, claims, costs (including costs of defense), suits, and damages of every kind, nature and description (including, but not limited to, penalties resulting from exposure to hazards in violation of the California Labor Code) directly or indirectly arising from the performance of the Work ( "Claims "). b. The Contractor will indemnify, defend and hold harmless the City, the City's officials, officers, employees, volunteers, agents and the Engineer and Architect for all liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor's performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid. C. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, volunteers and consultants from such liability. d. Approval of the Contractor's certificates of insurance and/or endorsements does not relieve the Contractor of liability under this provision. The Contractor will defend, with legal counsel reasonably acceptable to the City, any action or actions filed in connection with any Claims and will pay all related costs and expenses, including attorney's fees incurred. The Contractor will promptly pay any judgment rendered against the City, its officials, officers, employees, agents, volunteers or consultants for any Claims. In the event the City, its officials, officers, employees, agents, volunteers or consultants is made a party to any action or proceeding filed or prosecuted against Contractor for any Claims, Contractor agrees to pay the City, its officials, officers, employees, agents, volunteers and consultants any and all costs and expenses incurred in such action or proceeding, including but not limited to, reasonable attorneys' fees. e. The Contractor will indemnify, hold harmless and defend with legal counsel reasonably acceptable to the City the City and its officials, officers, employees, agents and volunteers from and against any and all Claims related to damage to surface or underground facilities caused by the Contractor or any of the Contractor's privities or agents. f. The Contractor will indemnify, hold harmless and defend with legal counsel reasonably acceptable to the City the City and its officials, officers, employees, agents and volunteers from and against any and all Claims, including any fines or other penalties, related to failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the State of California's National Pollution Discharge Elimination System General Permit, or to implement the project specific Storm Water Pollution Protection Plan (SWPPP) in accordance with the Technical Specifications. The City may withhold from amounts due or that may become due the Contractor under this -55- Contract amounts that equal or are estimated to equal the amount of Claims, including fines, resulting from failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the General Permit, or to implement the SWPPP in accordance with the Technical Specifications. g. In accordance with California Civil Code Section 2782(a), nothing in the Contract will be construed to indemnify the City for its sole negligence, willful misconduct, or for defects in design furnished by City. In accordance with California Civil Code Section 2782(b), nothing in the Contract will be construed to impose on the Contractor or to relieve the City from liability for the City's active negligence. By execution of the Contract Documents the Contractor acknowledges and agrees that the Contractor has read and understands the insurance and indemnity requirements of the Contract Documents, which are material elements of consideration. 17. Contractor's Responsibility for Work. Except as provided above, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non - execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any of the above caused before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages as are directly and proximately caused by acts of the Federal Government or the public enemy. In case of suspension of work from any cause whatever, the Contractor shall be responsible for the work as above specified and he shall also be responsible for all materials delivered to the Work including materials for which he has received partial payment. 18. Portion of the Work, Which May be Placed in Service. If desired by the City of South San Francisco, the Work, as completed, may be placed in service. The Contractor shall give proper access to the Work for this purpose but such use and operations shall not constitute an acceptance of the Work, and the Contractor shall remain liable for defects due to faulty construction, material and/or workmanship. 19. No Personal Liability. Neither the Engineer nor the City Council, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. 20. No Abrogation of Codes, Standards, Laws and Ordinances. The Contractor and all subcontractors engaged in the performance of the Work must conform to the following specific rules and regulations as well as all other laws, ordinances, rules and regulations that apply to the Work. Nothing in the General Provisions or plans is to be construed to permit Work not conforming to these codes: • National Electrical Safety Code, U. S. Department of Commerce • National Board of Fire Underwriters' Regulations -56- • California Building Standards Code as adopted by the City • Manual of Accident Prevention in Construction, latest edition, published by A.G.C. of America • Industrial Accident Commission's Safety Orders, State of California • Regulations of the State Fire Marshall (Title 19, California Code of Regulations) and Applicable Local Fire Safety Codes • Labor Code of the State of California - Division 2, Part 7, Public Works and Public Agencies. 21. Guaranty. Unless specified otherwise, the Contractor guarantees all of the Work for one year from the date the City accepts the Work. Upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship the Contractor must make good any defects arising or discovered in any part of the Work by diligently commencing the necessary repairs within seven (7) days from the date of notice from the City. If the Contractor fails to make good any defects in the Work in accordance with this provision, in addition to any other available remedy under the Contract or at law or equity, the City may make good or have made good such defects in the Work and deduct the cost from amounts that may be due or become due the Contractor, and/or call on the Contractor's maintenance bond for the cost of making good such defects and for the City's reasonable legal costs, if any, of recovering against the bond. The Contractor will remain responsible for repairing any Work found to be defective regardless of when such defect is discovered by the City. V Contractor shall file with City a corporate surety bond in the sum of ten percent (10 %) of the final contract price (including all change orders for extra work securing this guaranty to City, and said bond shall be filed at the time final acceptance of this Work is requested. Should Contractor not file said bond as required herein, City may retain the remaining ten percent (10 %) of the contract price as a cash bond for said one (1) year period. Should Contractor within a reasonable time after demand made fail to make any and all such repairs or replacements, City may undertake said repairs and replacements with its own forces or through contract, and Contractor shall reimburse City for any and all costs of said repairs or replacements, even if said cost exceed the principal sum of the corporate surety bond which is security for the performance of this guaranty. Contractor and the Contractor's surety may provide the aforegoing guaranty in the original performance bond. 22. General Safety Requirements. a. In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the work site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. For purposes of California Labor Code Section 6400 and related provisions of law, the Contractor and the Contractor's privities and any other entities engaged in the performance of the Work will be "employers" responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities -57- engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be "employers" pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor's privities or other entities engaged in the performance of the Work. The Contractor agrees that neither the City, the Architect, nor the Engineer will be responsible for having hazards corrected and/or removed at the work site. The Contractor agrees that the City will not be responsible for taking steps to protect the Contractor's employees from such hazards, or for instructing the Contractor's employees to recognize such hazards or to avoid the associated dangers. The Contractor agrees with respect to the Work and the Work site, the Contractor will be responsible for not creating hazards and for having hazards corrected and/or removed, for taking appropriate, feasible steps to protect the Contractor's employees from such hazards and that the Contractor has instructed and/or will instruct its employees to recognize such hazards and how to avoid the associated dangers. b. Review and inspection by the City, the Engineer, the Architect or Engineer, and /or other representatives of the City of the Contractor's performance of the Work will not constitute review of the adequacy of the Contractor's safety measures in, on, or near the Work site. Such reviews and inspections do not relieve the Contractor of any of the Contractor's obligations under the Contract Documents and applicable law to ensure that the work site is maintained and the Work is performed in a safe manner. C. The Contractor will be solely responsible for the implementation and maintenance of safety programs to ensure that the work site is maintained and the Work is performed in a safe manner in accordance with the Contract Documents and applicable law. d. The Contractor must furnish and place proper guards and systems for the prevention of accidents, including, but not limited to, those systems required pursuant to Title 8, Section 1670 and following of the California Code of Regulations concerning safety belts and nets. The Contractor must provide and maintain any other necessary systems or devices required to secure safety of life or property at the work site in accordance with accepted standards of the industry and applicable law. The Contractor must maintain during all night hours sufficient lights to prevent accident or damage to life or property. 23. Fair Employment Provision. The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry or national origin. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this fair employment practices section. 24. Employment of Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.8 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777.5, as amended, required the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five (1:5) except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five (1:5), or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provided evidence that he employs registered apprentices on all of the Contractor's contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and any subcontractor under the Contractor shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. -59- SECTION VIII PROSECUTION AND PROGRESS 1. Subcontracting. No subcontractor will be recognized as such, and all persons engaged in the Work or construction will be considered as employees of the Contractor and he will be held responsible for their work, which shall be subject to the provisions of the contract and specifications. The Contractor shall give the Contractor's personal attention to the fulfillment of the contract and shall keep the Work under the Contractor's control. The Contractor shall be responsible for the Contractor's own and subcontractors' compliance with Section 1777.5 of the Labor Code regarding apprenticeable occupations as in said section provided. Any Contractor willfully failing to comply with this section shall be denied the right to bid on a public works contract for a period of six (6) months from the date the determination is made. Where a portion of the Work, which has been subcontracted by the Contractor, has not been prosecuted in a manner satisfactory to the Engineer, the subcontractor shall be removed immediately on the requisition of the Engineer and shall not again be employed on the Work. 2. Assi ng ment. The performance of the contract may not be assigned except upon the written consent of the City. Consent will not be given to any proposed assignment, which would relieve the original, Contractor or the Contractor's surety of their responsibilities under the contract nor will the City consent to any assignment of a part of the Work under the contract. 3. Time of Completion and Statement of Working Days. The Contractor shall complete all or any designated portion of the work called for under the contract in all parts and requirements within the time set forth in the Special Provisions. Determination that a day is a non - working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Engineer. The Engineer will furnish the Contractor a monthly statement showing the number of working days charged to the contract for the preceding month, the number of working days of time extensions being considered or approved, the number of working days originally specified for the completion of the contract and the number of working days remaining to complete the contract and the extended date for completion thereof, except when working days are not being charged in conformance with the provisions in Section VIII -6, "Temporary Suspension of Work" of these General Provisions. The Contractor will be allowed 15 days from the issuance of the monthly statement of working days in which to file a written protest setting forth in what respects the Contractor differs from the Engineer; otherwise, the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. •1 4. Progress of the Work and Time of Completion. The Contractor shall begin work upon receipt of the Notice to Proceed. However, the Contractor shall begin work no earlier than the twenty -first (21st) day after the commencement of the advertisement of the call for bids. 5. Character of Workers. If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the direction of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the Work. 6. Temporary Suspension of Work. The Engineer shall have the authority to suspend the Work wholly or in part, for such period as he may seem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable prosecution of the Work, or for such time as he may seem necessary due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the contract. The Contractor shall immediately comply with the written order of the Engineer to suspend work wholly or in part. The Work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Engineer. 7. No Contractor Damages for Avoidable Delays. All delays in the Work that might have been avoided by the exercise of care, prudence, foresight and diligence of the Contractor or any privities of the Contractor will be deemed avoidable delays. Delays in the Work that may be unavoidable but that do not necessarily affect other portions of the Work or prevent completion of all work within the Time for Completion, including, but not limited to, reasonable delays in Engineer approval of shop drawings, placement of construction survey stakes, measurements and inspection, and such interruption as may occur in prosecution of the Work due to reasonable interference of other contractors of the City, will be deemed avoidable delays. The Contractor will not be awarded a change in the Project schedule, the Time for Completion, and/or additional compensation in excess of the contract price for avoidable delays. 8. Impact of Unavoidable Delays. All delays in the Work that result from causes beyond the control of the Contractor and that the Contractor could not have avoided through exercise of care, prudence, foresight, and diligence will be deemed unavoidable delays. Orders issued by the City changing the amount of Work to be done, the quantity of materials to be furnished, or the manner in which the Work is to be prosecuted, and unforeseen delays in the prosecution of the Work due to causes beyond the Contractor's control, such as strikes, lockouts, labor disturbances, fires, epidemics, earthquakes, acts of God, neglect by utility owners or other contractors that are not privities of the Contractor will be deemed unavoidable delays to the extent they actually delay the Contractor's completion of the Work. The Contractor will be awarded a change in the Project schedule, the Time for Completion, and/or additional compensation in excess of the contract price for unavoidable delays to the extent such delays actually delay the Contractor's completion of the Work and/or result in the Contractor incurring additional costs in excess of the Contract Price. Delay due to normal, adverse weather conditions will not be deemed unavoidable. The Contractor should understand that normal adverse weather conditions are to be -61- expected and plan the Work accordingly, such as by incorporating into the Project Schedule normal, adverse weather delays as reflected in historical data of the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce for the weather station most applicable to the Work site. 9. No Contractor Damages for Contractor Caused Delay_ Contractor will not be entitled to additional compensation for extended field or home office overhead, field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts for any delays to the extent such delays are caused by the failure of the Contractor or any subcontractor or other entity engaged in performance of the Work to perform the Work in accordance with the Contract Documents. 10. No Contractor Damages for Delay Not Caused By the City, Delay Contemplated by the Parties, or other Reasonable Delay_ Contractor will not be entitled to damages for delay to the Work caused by the following, which the City and Contractor agree will be deemed for purposes of California Public Contract Code Section 7102 either not caused by the City, and/or within the contemplation of the City and the Contractor, and/or reasonable under the circumstances: Exercise of the City's right to sequence the Work in a manner that would avoid disruption to the City and other contractors based on: the failure of the Contractor or any subcontractor or other entity engaged in the performance of the Work to perform the Work in accordance with the Contract Documents, enforcement by the City or any other governmental agency of competent jurisdiction of any government act or regulation, or enforcement by the City of any provisions of the Contract. Requests for clarification or information concerning the Contract Documents or proposed change orders or modifications to the Contract Documents, including extensive and/or numerous such requests for clarification or information or proposed change orders or modifications, provided such clarifications or information or proposed change orders or modifications are processed by the City or its representatives in a reasonable time in accordance with the Contract Documents. 11. Delays Caused by the City and/or Its Privities. Delay caused by the City and/or other contractors of the City will be deemed unavoidable delays. Either the City or the Contractor may propose a change in the Time for Completion and/or the Project Schedule for delays that are purported to be caused by the City and/or its privities and that are not reasonable under the circumstances involved and/or that are not within the contemplation of the City and the Contractor. Such proposed changes in the Time for Completion will constitute a change order proposal. The City and the Contractor may agree upon pricing for the cost impacts, if any, resulting from such delays. If such pricing and/or changes in the Time for Completion and/or the Project Schedule are in anticipation of impacts that may, but have not yet occurred, the City will be obligated to pay the Contractor for such anticipated impacts or to award a change in the Time for Completion and/or the Project Schedule in accordance with the Contract and any applicable, approved change orders only to the extent the Contractor actually incurs the anticipated impacts. Notwithstanding anything to the contrary, the City and the Contractor may agree to a daily rate or cap or lump sum that will apply to the cost impacts, if any, resulting from delay purportedly caused by the City and/or its privities -62- subject to this provision. However, if such daily rate or cap or lump sum is in anticipation of cost impacts that have not yet occurred, the City will be obligated to pay such daily rate or cap or lump sum only to the extent the Contractor actually incurs such cost impacts. 12. Delay Claims. Whenever the Contractor claims a delay for which the Time for Completion may be extended, the Contractor must request an extension of time within five (5) days of the start of the delay. The request must be in writing and describe in detail the cause for the delay, and, if possible, the foreseeable extent of the delay. 13. Contractor Coordination of the Work. The City reserves the right to do other work in connection with or in the vicinity of the Project by contract or otherwise, and Contractor must at all times conduct the Work so as to impose no hardship on the City, others engaged in the Work or other contractors working at the work site. The Contractor will adjust, correct and coordinate the Work with the work of others so that no delays result in the Work or other work at or near the work site. If any part of the Work depends on proper execution or results upon the Work of the City or any other contractor, the Contractor will, before proceeding with such Work, promptly report to the City any apparent discrepancies or defects in such other work. Failure of the Contractor to promptly report any apparent discrepancy or defect will be deemed an acceptance of the City's or other contractor's work as fit and proper. The Contractor will anticipate the relations of the various trades to the progress of the Work and will ensure that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking necessary for each trade will be part of the Work except where stated otherwise. The Contractor will provide proper facilities at all times for access of the City, the Engineer, Architect, and other authorized City representatives to conveniently examine and inspect the Work. 14. Liquidated Damages. The Contractor shall complete the work called for under the contract in all parts and requirements within the number of working days specified. It is agreed by the parties of the contract that in case all the work called for under the contract is not completed before or upon the expiration of the time limit as set forth in the Agreement for Public Improvements, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum prescribed in the Special Provisions per working day for each and every working day's delay beyond the time prescribed to complete the Work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City -63- shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decided to extend the time for completion of the contract, it shall further have the right to charge to the Contractor, the Contractor's heirs, assigns, or sureties, and to deduct from the final payment for the Work, all or any part as it may seem proper, of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and inspection during any delay in the completion of the Work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and the Engineer's finding of facts thereon shall be final and conclusive. If the Contractor is delayed by any act of the Engineer or of the City, not contemplated by the contract, the time of completion shall be extended proportionately and the Contractor shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. The Contractor shall have no claim for any other compensation for any such delay. 15. Suspension of Contract. If at any time in the opinion of the Engineer, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the Work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon the Contractor, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the Engineer may designate. Upon such suspension, the Contractor's control shall terminate and thereupon the City or its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said contract, and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof, or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may seem proper; or the City may annul and cancel the contract and re -let the Work or any part thereof. 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 suspension, 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 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 or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 16. Communications. a. All notices, demands, requests, instructions, approvals, proposals, and claims must be in writing. b. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor stated on the signature page of the Proposal (or at such other office as the Contractor may from time to time designate in writing to the City), or if deposited in the United States mall in a sealed envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office. C. All correspondence to the City, related to this contract, including request for payment, shall be addressed to the Engineer, City of South San Francisco, P.O. Box 711, South San Francisco, California 94083, and any notice to or demand upon the City shall be sufficiently given if so delivered or if deposited in the United States mail in a sealed envelope, or to other such representatives of the City to such other address as the Agency may subsequently specify in writing to the Contractor for such purpose. Any such notice shall be deemed to have been given as of the time of actual delivery of (in the case of mailing) when the same should have been received per receipt, or in the case of telegrams, at the time of actual receipt, as the case may be. 17. Audit and Examination of Records. The City may examine and audit at no additional cost to the City all books, estimates, records, contracts, documents, bid documents, bid cost data, subcontract job cost reports and other Project related data of the Contractor, subcontractors engaged in performance of the Work, and suppliers providing supplies, equipment and other materials required for the Work, including computations and projections related to bidding, negotiating, pricing or performing the Work or Contract modifications and other materials concerning the Work, including, but not limited to, Contractor daily logs, in order to evaluate the accuracy, completeness, and currency of cost, pricing, scheduling and any other project related data. The Contractor will make available all such Project related data at all reasonable times for examination, audit, or reproduction at the Contractor's business office at or near the work site, and at any other location where such Project related data may be kept until three years after final payment under the Contract. Pursuant to California Government Code Section 8546.7, if the amount of public funds to be expended is in excess of $10,000, this Contract will be subject to the examination and audit of the State Auditor, at the request of the City, or as -65- part of any audit of the City, for a period of three (3) years after final payment under the Contract. 18. Project Schedule. Within ten (10) working days after the Notice of Award, the Contractor must deliver to the Engineer a bar chart and critical path method (CPM) schedule detailing the Contractor's intended schedule of work for the entire Project. The schedules must be detailed to clearly show the relative sequence of the items of work, their inter - relationships, start and completion dates, float, the critical path, and any other item deemed necessary by the Engineer. The schedule must allow for the completion of the entire Work within the time for completion and also conform to the City's milestone deadlines. a. City Review of Schedule. The City may review the Contractor's submitted schedule and may note any exceptions. The Contractor must correct any exceptions noted by the City within five (5) working days of being notified of the exceptions. b. Update of Schedule. After submission of a schedule to which the City has taken no exceptions, the Contractor must submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the Work. The updated schedule must show the progress of work as of the date specified in the updated schedule and its relation to milestone dates. C. Float. The schedule must show early and late completion dates for each task. The number of days between these dates will be designated as "Float ". The Float will be designated to the Project and will be available to both the City and the Contractor as needed to complete the Work in accordance with the Contract. d. Failure to Submit Schedule. If the Contractor fails to submit schedules within the time periods specified in this section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedules are submitted and/or corrected in accordance with the Contract Documents. e. Responsibility for Schedule. The Contractor will be solely and exclusively responsible for creating the schedule and properly updating it. The City may note exceptions to any schedule submitted by the Contractor. However, the Contractor will be solely responsible for determining the proper method for addressing such exceptions and the City's review of the schedule will not create scheduling obligations of the City. SECTION IX MEASUREMENT AND PAYMENT 1. Measurement of Quantities. All work to be paid for at a contract price per unit of measurement will be measured by the Engineer in accordance with Section 9- 1.01, "Measurement of Quantities" of the Standard Specifications. When required by the Engineer, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver said slip to the Engineer at the point of delivery of the material. All loads in vehicles hauled over streets and highways shall be legal loads and no payment will be made for the loads in excess of the legal load limits. Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the contract, or material not unloaded from the transporting vehicle, or material placed outside of the lines indicated on the plans or established by the Engineer, or material remaining on hand after completion of the work; will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling and disposing of rejected material. 2. Progress Payments. The City once in each month shall cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor on the ground and not used, to the time of such estimate, and the value thereof. The City shall retain five percent (5%) of such estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid as part security for the fulfillment of the contract by the Contractor and shall pay monthly to the Contractor, while carrying on the Work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not processing in accordance with the provisions of the contract, or when in the Engineer's judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. For any monies earned by the Contractor and withheld by the City to ensure the performance of the contract, the Contractor may, at Contractor's request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California. 3. Scope of Payment. The Contractor shall accept the compensation, as herein provided, in full payment for furnishing all materials, labor, tools, and equipment necessary for the completion of the contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, except as hereinbefore provided, or from any unforeseen difficulties which may be encountered during the prosecution of -67- the Work until the final acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in the consequence of the suspension or discontinuance of the Work as herein specified; and for completing the work according to the plans and specifications. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 4. Stop Notice Retention. The City may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. 5. Progress Payment Deductions. The Contractor hereby agrees and acknowledges that progress payments are subject to deduction for failure to comply with certain Contract requirements which include but are not limited to traffic control, cleanliness /daily clean -up, "buttoning -up," open trenches, environmental compliance, maintaining services, etc. In the event such non - compliance occurs, the City may cure these deficiencies with its own crews or with other contractors /vendors. The full cost the City incurs to cure these deficiencies will be deducted from the next progress payment. "Full costs" include all labor, materials, and equipment plus applicable "mark- ups," including overhead, should the City perform the work with its own forces. Should the City elect to have the work performed by a contractor /vendor, the "full cost" will include the invoiced amount plus a 20 % mark -up to cover handling expenses for the City. 6. Acceptance of the Work. When the final inspection is completed and it has been determined that the Work is done in accordance with the plans and specifications, the Engineer will accept the Work and 95% of the payment based on the final quantities will be paid to the contractor, the balance will be paid 30 days after the Notice of Completion has been filed with the County and upon furnishing of the specified guaranty bond to the City. 7. Final Payment. Within thirty (30) days after the completion of the Work and its acceptance by the City, the Engineer will make a proposed final estimate in writing of the quantities of work done under the contract and the value of such work and will submit such estimate to the Contractor. Within thirty (30) days thereafter the Contractor shall submit to the Engineer the Contractor's written approval of said proposed final quantities or a written statement of all claims, which he has for additional compensation claimed to be due under the contract. On the Contractor's approval or if he files no claims within said period of thirty (30) days, the Engineer will issue a final written estimate as submitted to the Contractor and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. If the Contractor within said period of thirty (30) days files claims, the Engineer will issue as a semi -final estimate the proposed estimate submitted to the Contractor and the City will within thirty (30) days pay the sum found due thereon after deducting all prior payments and all amounts to be kept and retained under the provisions of the contract. .: The Engineer shall then consider and investigate the Contractor's claims and shall make such revision in the said estimate as he may find to be due, and shall then make and issue the Engineer's final written estimate. The City will pay the amount so found due, after deducting all previous payments and amounts to be retained under the contract. All prior partial estimate and payments shall be subject to correction in the final estimate and payment. The final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done thereunder and compensation therefore, except in the case of gross error. Payment on the semi -final estimate will be due within thirty (30) days from the date the same is issued by the Engineer. Payment on the final estimate is due within thirty (30) days from the date the same is issued. 8. Travel and Subsistence Payment. Travel and subsistence payments shall be made to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Section 1773.8. 9. Notice of Potential Claim. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have given the Engineer due written notice of potential claim as hereinafter specified. The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. City may request additional information from Contractor regarding the Contractor's claim, which shall be provided, to City within 10 days of the request. It is the intention of this section that differences between the parties arising under and by virtue of the contract are brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that they shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed. 10. Claims. a. General. A "Claim" means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. All claims filed hereunder shall strictly comply with all requirements of the Contract Documents. In order to qualify as a Claim, the written demand must state that it is a claim submitted according to the terms of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements. A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost. Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the Work. Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor's subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or the City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedures described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract. If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth calendar day after receipt of the written request form the Engineer. If the fifteenth day falls on a Saturday, Sunday, or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall result in Contractor waiving that Claim. The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required b the Engineer or designated claim investigator to determine the facts or contentions involved in the claim(s). Contractor agrees that failure to permit access to those records waives Contractor's Claims. -70- The City of South San Francisco, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor's and subcontractors' books, documents and accounting records, including, but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors /vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions and photocopies of the City's cost. The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City to determine its actual damages; therefore, Contractor agrees to pay the City, as liquidated damages, the sum of One Thousand Dollars ($1000.00), which Contractor agrees is reasonable under the circumstances, for each and every working day which Contractor or subcontractor fails or refuses to provide the City access to the materials specified in this section. b. Disputes. (1) Contract Interpretation Disputes. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City. The Contractor shall bear all costs incurred in giving such notice. All issues regarding the interpretation of the plans or specifications shall be referred to the City for interpretation. The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the plans or specifications, which affirmance or disaffirmance shall be final. If the Contractor should disagree with the City's decision, the Contractor's sole and exclusive remedy is to file a Claim in accordance with these provisions. (2) Work Disputes. Should any disputes arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Document procedures, the dispute shall be decided by the City and its decisions shall be final and conclusive. If the Contractor disagrees with the City's decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with these provisions. -71- (3) Delays. As used herein, the following terms shall have the following meanings: "Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the Work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time. "Compensable Delay" means any delay of the completion of the Work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City, and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. "Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above. An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price. The Contractor may make a claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following: (i) If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last. (ii) If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the COompensable Delay exceeds the Unexcusable Delay. (iii) If an Unexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (ii) exceeds the number of days of the Unexcusable delay. (iv) For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract price in an amount equal to the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative -72- personnel necessary and directly employed at the Project site for the supervision of the Work during the period of Compensable Delay. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay unless the event or occurrence giving rise to the Compensable Delay extends the actual completion of the Project past the Contract time. The parties agree that the City's exercise of its right to order changes in the Work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim or Compensable Delay. C. Claim Procedures. Should any clarification, determination, action or inaction by the City, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason, (collectively "Disputed Work"), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a written Notice of Potential Claim with the City before commencing the Disputed Work, or within seven (7) calendar days after Contractor's first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this period, or if the Contractor proceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue. The City will review the Contractor's timely notice of potential claim and provide a decision. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If, after receiving the City's decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed. The Contractor shall submit the Claim in the form specified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor's position within thirty (30) calendar days after receiving the City's decision on the notice of potential claim. The Contractor's failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subject Claim. If Disputed Work persists longer than thirty (30) calendar days after receiving the City's decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document titled "Claim Update" which shall update and quantify all elements of the Claim as completely as possible. The Contractor's failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result in a waiver of that portion of the Claim for that thirty (30) calendar day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates. -73- All claims must be submitted to Engineer before the issuance of the final estimate. Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate. Upon receipt of the Contractor's formal Claim including all arguments, justification, costs or estimates, schedule analyses, and documentation supporting the Contractor's position as previously stipulated, the City or its designate will review the Claim and render a final determination according to the processing and review procedures listed in Section IX -12, "Claims Processing and Review" of these General Provisions. No costs arising out of or in connection with the performance of Claims of any nature, other than those specifically listed herein may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages. d. Claim Format. The Contractor shall submit the Claim justification in the following format: (1) Cover letter and certification of the accuracy of the contents of the Claim; (2) Summary of Claim including underlying facts, entitlement, quantum calculations, and Contract Document provision supporting relief; IL 14 (3) List of documents relating to the Claim, including plans, specifications, clarifications /requests for information, schedules and others; (4) Chronology of events and correspondence; (5) Analysis of Claim merit; (6) Analysis of Claim costs; (7) Attached supporting documents referenced in item (3) above. e. Exclusive Remedy. The Contractor's performance of its duties and obligations specified in these provisions and submission of a Claim as provided in these provisions is the Contractor's sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents' terms, or other contractual or tort relief arising from the Contract Documents. This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, termination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by the City, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non - compliance with the Claim submission requirements. Compliance with the notice and Claim submission -74- procedures described in these provisions is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No Claim or issues not raised in a timely protest and timely Claim submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City shall not have deemed to waive any provision under this section, if at the City's sole discretion, a Claim is accepted in a manner not in accord with this section. f. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non - binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation's conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared. 11. False Claims Affidavit. California Penal Code Section 72 provides that any person, who presents for payment with intent to defraud any City, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000) and/or imprisonment in the state prison. Government Code Sections 12650 et seq. (California False Claims Act), pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any official or employee of any political subdivision of the State of California. Any person or corporation violating the provisions of Government Code Section 12650 et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs. Contractor agrees that any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. All Claims by Contractor shall include the following certification, properly completed and executed by Contractor or an officer of Contractor: I, , BEING THE (MUST BE AN OFFICER) OF (CONTRACTOR), DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND /OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND -75- UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND /OR OTHER SEVERE LEGAL CONSEQUENCES. SIGNATURE LINES WILL BE ADDED HERE 12. Claims Processing and Review. The review and treatment of Contractor Claims up to three hundred seventy -five thousand dollars ($375,000) are governed by California Public Contract Code Sections 20104 et seq., the relevant positions of which are summarized below. In addition to these statutory provisions, the City and Contractor hereby agree by contract to a procedure for the review of claims over three hundred seventy -five thousand dollars ($375,000). Claims, then, shall be processed and reviewed as follows: a. For claims of less than fifty thousand dollars ($50,000), the City will respond in writing within forty -five (45) days of its receipt of the claim, or may request, in writing, within thirty (30) days of its receipt of the claim, submission of additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within twenty (20) days of its receipt of the request from the City or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the claim within fifteen (15) days or within the period of time taken by the Contractor in producing the additional documents, whichever is longer. b. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred and seventy -five thousand dollars ($375,000), the City will respond in writing within sixty (60) days of its receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the Claim, submission of additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within thirty (30) days of its receipt of its receipt of the request or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the claim within thirty (30) days, or within the period of time taken by the Contractor in producing the additional documentation, whichever is longer. C. For claims over three hundred and seventy -five thousand dollars ($375,000), the City will respond in writing within one hundred and twenty (120) days of its receipt of the claim, or may request in writing, within forty -five (45) days of receipt of -76- the Claim, submission of additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within thirty (30) days of its receipt of the request or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the Claim within thirty (30) days, or within the period of time taken by the Contractor in producing the additional documentation, whichever is longer. 13. Extra Work. New and unforeseen items of work will be classed as extra work when they cannot be covered by any of the various items for which there is a bid price or by combinations of such items. The Contractor shall do such extra work and furnish such materials and equipment therefore, as may be required in writing by the Engineer, but he shall not do extra work except upon written order from the Engineer, and in the absence of such written order he shall not be entitled to payment for such extra work. All bills for extra work done shall be filed in writing with the Engineer. For such extra work the Contractor shall receive compensation at the prices previously agreed upon in writing, or upon a failure to agree upon prices, he shall be paid on force account, as provided in Section IX- 14, "Force Account Work" of these General Provisions. All extra work shall be adjusted daily upon report sheets furnished to the Engineer by the Contractor and signed by both parties which daily reports shall thereafter be considered the true record of extra work done. 14. Force Account Work. Where payment is to be made on a force account basis, the Contractor shall receive the actual cost of all material, labor and rented equipment furnished by the Contractor as shown by paid vouchers, plus fifteen percent (15%); provided, however, that the City reserves the right to furnish such materials required as it seems expedient, and the Contractor shall have no claim for profit on the cost of such materials. For use of equipment owned by the Contractor he shall be paid the current prices prevailing in the locality, which shall have been previously determined and agreed upon in writing by the Contractor, plus fifteen percent (15%). When work is performed by force account, in addition to the actual cost of labor, the City will reimburse the Contractor for compensation insurance payments; contributions made to the State as required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid to the Federal Government as required by the Social Securities Act approved August 14, 1935, as amended. The payment of fifteen percent (15%) in addition to the actual cost of all material, labor, and rented equipment, as herein provided, shall include full allowance to the Contractor for overhead and profit on the force account work and full compensation to the Contractor for premiums paid on any other insurance of any nature which the -77- Contractor may be required to carry or which he may elect to carry; and for additional premiums paid on faithful performance and payment bonds required by reason of the increases in the amount of work to be performed over and above that called for in the original contract. All force account work shall be adjusted daily upon report sheets, furnished to the Engineer by the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of force account work done. If force account work is done on the contract the Contractor shall furnish to the Engineer three (3) copies of a certificate from the insurance company showing the compensation insurance rates to be charged on the various classes of work to assist in verification of the Contractor's charges for extra work and force account. 1774523.3 1774523.3 L.- [END OF GENERAL PROVISIONS] n J it JK J City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -441 Agenda Date: 7/27/2016 Version: 1 Status: Agenda Ready - Administrative Business In Control: City Council File Type: Resolution Agenda Number: 4a. Resolution awarding the construction contract to Southwest Construction & Property Management of San Bruno, California for the Fire Station 64 Roof Girder Replacement Project based on the Base Bid and Bid Alternate #2 in an amount not to exceed $119,207 and authorizing a total construction budget of $160,929. WHEREAS, the Fire Station 64 Roof Girder is deteriorated and in need of replacement; and WHEREAS, City of South San Francisco ( "City ") staff issued a Notice Inviting Bids for the Fire Station 64 Roof Girder Replacement Project ( "Project ") on April 26, 2016 and May 3, 2016 and on May 26, 2016, received one (1) bid in response; and WHEREAS, Southwest Construction & Property Management (" SCPM ") of San Bruno, California submitted a responsive and responsible Base Bid including Bid Alternate #2 in the amount of $119,207; and WHEREAS, total project costs including design, construction, construction contingency, and construction management are estimated to be $160,929; and WHEREAS, funding for the Project is included in the City of South San Francisco's 2015 -2016 Capital Improvement Program ( "CIP "). 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 for the Fire Station 64 Roof Girder Replacement Project to Southwest Construction & Property Management for an amount not to exceed $119,207, conditioned on SCPM's timely execution of the project contract 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 Council authorizes a total project construction budget of $160,929 and authorizes the City Manager to utilize any unspent amount of the total project construction budget, if necessary, towards additional construction contingency budget. City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -441 BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf of the City upon timely submission by Southwest Construction & Property Management of the signed contract and all other documents, subject to approval as to form by the City Attorney. BE IT FUTHER RESOLVED that the City Manager or his designee is hereby authorized to take any further actions consistent with the intent of this Resolution. City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -293 Agenda Date: 7/13/2016 Version: 1 Status: Agenda Ready - Administrative Business In Control: City Council File Type: Staff Report Agenda Number: 9. Report regarding a resolution approving the Cooperative Agreement No. 04 -2619 in the amount of $120,816 with the State of Califomia Department of Transportation for City improvements identified in the Gateway Monument Sign Project and authorizing the City Manager to execute said agreement. (Lawrence Henriquez, Associate Civil Engineer) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution approving Cooperative Agreement No. 04 -2619 in the amount of $120,816 with the State of California Department of Transportation (Attachment 1) for City improvements identified in the Gateway Monument Sign Project and authorize the City Manager to execute said Agreement. BACKGROUND /DISCUSSION In 2013, staff analyzed the overall condition of gateway signage citywide, the results of which are contained within the South San Francisco Gateway Study, dated July 1, 2013. City Council approved and adopted the plan. The plan establishes consistent design standards for signage and landscaping, which would over time provide attractive, distinctive, and recognizable identification for the City. The gateway monument sign project located at the state -owned land located at 264 South Airport Boulevard (adjacent to the Four Points by Sheraton Hotel) includes installation of a sign as well as decorative pavement on the nearby on /off ramp island, irrigation and landscaping (Attachment 2). Funding for this project of $262,380 was included in the 2015 -2016 Capital Improvement Program (CIP). For this project, the sign element has been postponed due to cost, the paving and boring for future irrigation has been complete and installing the irrigation system and landscaping is to be completed. The paving and boring work was included in Caltran's on -off ramp hardscaping project and completed by Caltrans in May 2016. This partnership and construction coordination allowed for the faster delivery of improvements at the on/off ramp island. For Caltran's construction of city improvements, the city needs to reimburse Caltrans for $120,816. The $120,816 cost covers the work involved to install the pavers, associated soil City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -293 preparation work, and boring operations for a future irrigation system. Staff has inspected the project site and is satisfied with the work complete. A cooperative agreement is needed between the City and Caltrans for reimbursement. A maintenance services agreement between the City and Caltrans is currently being developed. The maintenance services agreement will commit the City to maintaining the gateway median site. This agreement will be brought to City Council for action at a subsequent meeting. FT TATnTAT! = Funding for this project is included in the City of South San Francisco's 2015 -2016 Capital Improvement Program (CIP). rnrTC'T T TeTnrT It is recommended that the City Council adopt a resolution approving Cooperative Agreement No. 04 -2619 in the amount of $120,816 with the State of California Department of Transportation for City improvements identified in the Gateway Monument Sign Project and authorize the City Manager to execute said agreement. Attachments: 1. Draft Cooperative Agreement No. 04 -2619 2. Gateway Median Plan View of Decorative Pavement City of South San Francisco Page 2 Printed on 7/26/2016 04 -SM -101 PM 20.0/26.1 Median Paving Project No. 0412000152 EA No. 04- 3G6804 Agreement No. 04 -2619 COOPERATIVE AGREEMENT FOR LOCAL IMPROVEMENTS THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , is between the State of California, acting by and through its Department of Transportation, referred to herein as "CALTRANS ", and the City of South San Francisco, a body politic and municipal corporation of the State of California, referred to herein as "CITY ". RECITALS CALTRANS and CITY, herein collectively referred to as PARTNERS, are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) pursuant to the California Streets and Highways Code Sections 114 and 130. 2. CALTRANS contemplates constructing roadside safety improvements at various locations along Routes 101, 280 and 380 in San Mateo County, referred to herein as PROJECT and described and depicted in more detail in Exhibit A, which is attached hereto and incorporated herein by this reference. 3. CITY has requested CALTRANS to upgrade median paving, referred to herein as LOCAL HAPROVEMENTS, as part of PROJECT. LOCAL HAPROVEMENTS are described and depicted in more detail in Exhibit B, which is attached hereto and incorporated herein by this reference. 4. PARTNERS hereto intend to define herein the terms and conditions under which LOCAL IMPROVEMENTS are to be financed, constructed, and maintained. SECTION I CALTRANS AGREES: To include LOCAL IMPROVEMENTS as a construction change order. 2. To administer the PROJECT construction contract and have the construction contractor complete the LOCAL IMPROVEMENTS as a part of PROJECT. 3. To establish separate PROJECT accounts to accumulate charges for all costs to be paid by CITY pursuant to this Agreement. 4. To submit an initial invoice in the amount of $10,000 to CITY upon execution of this Agreement. Page 1 of 7 Agreement No. 04 -2619 Project No. 0412000152 5. To thereafter submit monthly invoices to CITY for actual expenditures on LOCAL IMPROVEMENTS, up to the amount of $121,000. 6. After PARTNERS agree that PROJECT has been completed, CALTRANS will submit a final accounting to CITY, for all LOCAL HPROVEMENTS costs. Based on the final accounting, CALTRANS may refund or invoice as necessary in order to satisfy the financial commitments of this Agreement. cF.CTrnN rr CITY AGREES: 1. To pay CALTRANS, within thirty (30) days of receipt of invoices, up to the amount of $121,000, for work performed by CALTRANS on CITY's behalf pursuant to this Agreement. 2. To make all arrangements to provide the construction contractor with permits to enter and construct on lands outside of the SHS right of way in the event that such permits are necessary to accommodate construction of LOCAL IMPROVEMENTS. 3. At CITY's expense, to perform periodic inspection and maintenance of LOCAL IMPROVEMENTS installed pursuant to this Agreement which lie within SHS right of way, after construction is complete. 4. To apply for necessary encroachment permits to perform periodic inspection and maintenance of LOCAL HAPROVEMENTS installed within SHS right of way, in accordance with CALTRANS standard permit procedures. 5. To pay CALTRANS within thirty (30) days of receipt of a detailed statement made upon final accounting of costs therefore, any amount, over and above the CITY's deposits made for LOCAL IMPROVEMENTS costs, required to complete CITY's financial obligation pursuant to this Agreement, provided that the costs contemplated by this Section 5 shall not exceed the not to exceed amount specified in paragraph 1 of Section II of this Agreement. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of CALTRANS under the terms of this Agreement are subject to the ap- propriation of resources by the Legislature, the State Budget Act and the allocation of resources by the California Transportation Commission. Page 2 of 7 Agreement No. 04 -2619 Project No. 0412000152 2. CITY's total obligation is estimated at $121,000. A written amendment signed by both parties will be required to increase CITY's obligation. 3. If CALTRANS anticipates that funding will be insufficient to complete LOCAL IMPROVEMENTS, CALTRANS will promptly notify CITY. 4. Upon completion of all work under this Agreement, maintenance responsibility of the installed LOCAL IMPROVEMENTS will automatically be vested in CITY. 5. Prior to the completion of the LOCAL IMPROVEMENTS, the Parties will enter into a Maintenance Agreement to govern the rights and obligations of the parties with respect to the maintenance of the LOCAL IMPROVEMENTS. 6. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub - contractors and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY or under this agreement. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub- contractors and/or its agents under this Agreement. 7. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS or under this agreement. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under this Agreement. 8. This Agreement will terminate upon completion of PROJECT construction and that PARTNER have met all scope, cost, and schedule commitments included in this Agreement and have signed a cooperative agreement closure statement, which is a document signed by PARTNERS that verifies termination of this Agreement. However, all indemnification, claims, legal challenges, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. Page 3 of 7 Agreement No. 04 -2619 Project No. 0412000152 SIGNATURES PARTNERS declare that: The people signing this agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA City of South San Francisco DEPARTMENT OF TRANSPORTATION By:_ Helena (Lenka) Culik -Caro Deputy District Director, Design Approved as to form and procedure: By:_ Attorney Department of Transportation Certified as to funds: By:_ Jeffrey Armstrong District Budget Manager Certified as to financial terms and policies: By:_ Accounting Administrator By: Mike Futrell City Manager Approved as to form and procedure: City Attorney Approved as to Fiscal Control By: _ Fiscal Officer Attest: By: Krista Martinelli City Clerk Page 4 of 7 Agreement No. 04 -2619 Project No. 0412000152 EXHIBIT A PROJECT DESCRIPTION The PROJECT proposes the construction of roadside safety improvements including gore area paving, median paving, maintenance vehicle pullouts (MVPs), and the installation of access gates. These roadside safety improvements will provide Caltrans maintenance workers with safe, off pavement access areas to work from and reduce the frequency and duration of their exposure to high volumes of traffic. The proposed project is located in San Mateo County, on Routes 101, 280, and 380, at various locations. Location 3 of the PROJECT proposes to install stamped and colored concrete median paving at the northbound Route 101 on and off ramps from South Airport Boulevard. PROJECT LOCATION a-� 4 W NO SCALE Rd Page 5 of 7 Agreement No. 04 -2619 Project No. 0412000152 PROJECT LOCATION ".AA4CF CCLLEU 4 1� 4�q I Yo San yobe s o LOCATIONS OF CONSTRUCTION LOCATION COUNTY ROUTE POST MILE DESCRIPTION TYPE OF WORT{ �1 SM 101 20.7 5B Rte 101 Conn TO E9 Rte 380 PAVE GORE AREA SM 101 74.0 50 Rte 141 Conn TO YIB Rte 300 PAVE GORE AREA SM 101 21.4 MB Rte 101 OFF -RAMP TO PAVE GORE AREA ON -RAMP FROM 5 AIRPORT Blvd SM 280 R4.7 YB Rte 290 ON -RAMP CONSTRUCT WP FROM FARM HILL Blvd GM 380 3.0 MB Rte 380 Conn TO S9 Rte 200 CONSTRUCT MVP 5M 390 T.50 'AB Rte 300 AT CHERRY Ave UC CONSTRUCT MVP 7) SM 380 T.50 ER Rte 390 AT CHERRY Ave UC CONSTRUCT {1YP 8� 5M 380 5.2 ER Rte 390 OFF -RAMP To Rte 82 IEL CAMINO REAL] INSTALL CL GATE SM 300 5.3 EB Rte 390 OFF -RAMP INSTALL CL GATE TO Rte 82 IEL CAMINO REAL) 0 5M 390 5.4 EB Rte 300 OFF -RAMP CONSTRUCT 11vP TO Rte 92 SFL CAMINO REAL) 1 5M 380 5.5 NB Rte 82 IEL CAMINO REAL) LOOP CONSTRUCT {1VP 9N -RAMP TO WB Rte 300 PROJECT LOCATION 3 �; � S O U T H S A N F R A N C I S C 0 __ 11�0 S Page 6 of 7 Agreement No. 04 -2619 Project No. 0412000152 EXHIBIT B LOCAL IMPROVEMENTS DESCRIPTION The LOCAL HAPROVEMENTS propose to upgrade median paving at the northbound Route 101 on and off ramps from South Airport Boulevard (Location 3). Upgraded paving includes alternating bands of brushed concrete and permeable interlocking pavers. LOCAL HAPROVEMENTS include installation of an irrigation crossover to provide for future irrigation. The proposed upgrades require additional excavation, traffic control, and working days, and increased material costs as compared to the PROJECT. LOCAL IMPROVEMENTS LOCATION Iry y 6L 1 '1 SOL7H AIRPORT BLVD WEILIMIT OF WORK f L� 1: US 101 OFF RAMP US 101 NORTH US 101 NORTH 9 0 O H O 2 F O a 6 c) a 4 z Page 7 of 7 a) T T 0 N N N 0 a z LU 0 z a ,W N J W 2 U m O a L O U 0 0 J O a a a 0 U a U a 0 0 T LL ,U) Cn i d E 7 i O ca d c� C� a� O a E M z GATEWAY MEDIAN 100% CONSTRUCTION DOCUMENTS MAY 2232015 Cnl ITU A IQDnQT QI \/n y -12- rIII � 1 5 SITE /LIMIT OF WORK w a do r� to , J - ` dh 10 #441# , is 0 AEK- r } of k _ AV Ila �l N SAN FRANCISCO MILL VALLEY NEW DELHI 225 Miller Avenue, Mill Valley, CA 94941 T 415 383 7900 F 415 383 1433 www.rhaa.com PROJECT /CLIENT NAME Gateway Median South San Francisco, CA PROJECT NUMBER 15011A SUBMITTAL 100% Construction Documents DATE May 22 2015 CONSULTANTS REVISIONS No. Date Description Drawn By: Checked By: REGISTRATION AND SIGNATURE ur ; f t: Si nature 03%931 /2016 cD Renewal Date 03/28/2012 F OF CAL\Fo� SHEET TITLE COVER SHEET L0.0 ti T T LO T O N N N O a as ea D z O CO) CO) W c z Q d w CO) —1 w v m m O a 3 C! M a as 0 T J O a a Q D v D Q v Q 0 0 0 0 T LL CO) CO) C 3 c O 3 m ea m U. M O CD Q E M z U. US 101 NORTH EXISTING SIGNANGE TO REMAIN (TYP) SOUTH AIRPORT BLVD -13- EXISTING SIGNANGE TO REMAIN (TYP) CONCRETE PAVING (TYP) PERMEABLE CONCRETE PAVER (TYP) US 101 OF CUT & PATCH ASPHP CONFORM TO EXISTI CONDITIONS PER CALTRANS STANDAF CONCRETE TRANSFORMER PAD (E) US 101 NORTH �Ll � 00 5 10 20 SAN FRANCISCO MILL VALLEY NEW DELHI 225 Miller Avenue, Mill Valley, CA 94941 T 415 383 7900 F 415 383 1433 www.rhaa.com PROJECT /CLIENT NAME Gateway Median South San Francisco, CA PROJECT NUMBER 15011A SUBMITTAL 100% Construction Documents DATE May 22 2015 CONSULTANTS REVISIONS No. Date Description Drawn By: Checked By: REGISTRATION AND SIGNATURE �NDSCApE �<v� r �A Si ON 03 31 2016 Renewal 28/20 \P qTF OF CAL% SHEET TITLE SITE PLAN L1.0 a) T T LO T 0 N N N LO O a m M C z O w 0 z a a w J w v m a� O a 3 N a� 0 0 J O a a a D 0 v Q 0 0 0 0 T LL CD CD C m 3 O ca ca C7 N U- M O Cna� a E M z a> LL ALIGN EDGE OF CO EDGE OF TRANSF( PERMEABLE CONCRETE PAVER ALIGN EDGE OF EDGE OF SCORE JOINT CONCRETE PAVING END PATTERN PAVER, TYP. ON BOTH ENDS 5' -0" TYP 36 WHOLE PAVERS, VARIES PAVING ENLARGEMENT SCALE LO #4 REBAR, 12" O.C. VERTICAL J ADJACENT PAVING FINISH GRADE, SEE LAYOUT PLAN PIP CONCRETE CURB W/ #4 REBAR, CONTINUOUS ADJACENT ASPHALT PAVING, SEE PLANS a +l- a _ a a a a a a d d CONCRETE CURB 1 -1/2" = 1' -0" FLUSH I III III III III I1; #4 REBAR, 12" O.C., B.W. COMPACTED AGGREGATE BASE COMPACTED SUBGRADE CONCRETE PAVERS, SEE SPECS 1 / 2 " JOINT FILLED WITH NO. 89 AGGREGATE (/'2 EXPANSION JOINT L4.0 THICK BEDDING COURSE WITH NO. 89 AGGREGATE r 1 ADJACENT CONCRETE L4.0 PAV I N G BASE WITH TYP. NO.57 AGGREGATE GEO- MEMBRANE -SEE SPECS SUB BASE WITH NO. 4 AGGREGATE. GEO- TEXTILE - SEE SPECS 95% COMPACTED SUBGRADE SEE SPECS PERMEABLE CONCRETE PAVER SCALE -14- #4 REBAR 12" O.C. BOTH WAYS, CENTERED IN SLAB EXPANSION JOINT (EJ) #4 SMOOTH 18" DOWEL IN 12" SLIP SLEEVE INSTALLED 12" O.C. 10" CLASS 2 AGGREGATE BASE, 95% COMPACTED MIN. COMPACTED SUBGRADE SECTION SCORE JOINT 3 L4.0 CONCRETE PAVING 1 -1/2" = 1' -0" NOTES: 1. MEDIUM BROOM FINISH, UNLESS OTHERWISE NOTED ON PLANS. 2. PROVIDE SCORE JOINTS (SJ) AND EXPANSION JOINTS (EJ) AS SHOWN ON PLAN. 3. PROVIDE (EJ) MAX. 18' O.C. BOTH DIRECTIONS, UNLESS OTHERWISE NOTED ON PLANS, AND ADJACENT TO VERTICAL ELEMENTS. PREMOLDED EXPANSION JOINT - CUT BACK AS REQUIRED AFTER POUR 12" EXPANSION SLEEVE, WAXED TO PREVENT BONDING & #4 SMOOTH DOWEL, 18" LONG, EPDXY COATED, @ 12" O.C. NOTES: 1. EXPANSION JOINTS AS SHOWN ON PLAN. 2. DOWEL IS TYPICAL AT ALL EJ'S EXCEPT AGAINST CURBS, UNLESS OTHERWISE NOTED ON THE DRAWING. EXPANSION JOINT 3" = 1' -0" 1/8" �i a� D a a 1/4- SLAB DEPTH a as a a a a TOOL SCORE JOINT 1/8"R MAX., TYP. D Q a a a NOTES: 1. SCORE JOINTS AS SHOWN ON PLAN. SCORE JOINTS 3" = 1' =0" PIP CONCRETE SAN FRANCISCO MILL VALLEY NEW DELHI 225 Miller Avenue, Mill Valley, CA 94941 T 415 383 7900 F 415 383 1433 www.rhaa.com PROJECT /CLIENT NAME Gateway Median South San Francisco, CA PROJECT NUMBER 15011A SUBMITTAL 100% Construction Documents DATE May 22 2015 CONSULTANTS REVISIONS No. Date Description Drawn By: Checked By: REGISTRATION AND SIGNATURE �\v ®sCApE Z��Opur i> Si nature 03%931 /2016 co Renewal Date 03/28/2012 `sI Date �P qTF OF CAL \FO SHEET TITLE DETAILS L4.0 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -236 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 9a. Resolution approving the Cooperative Agreement No. 04 -2619 in the amount of $120,816 with the State of California Department of Transportation for work elements performed for the Gateway Monument Sign Project and authorizing the City Manager to execute said Agreement. WHEREAS, on July 2013, City Council of the City of South San Francisco ( "City ") adopted a resolution approving the Gateway Study, which provided for a citywide approach to gateway signage in order to establish consistent design standards for signage and landscaping; and to establish attractive, distinctive, and recognizable identification as people enter the City ( "Gateway Monument Sign Project ") ; and WHEREAS, as part of the Gateway Monument Sign Project, staff selected a state -owned plot of land at 264 South Airport Boulevard as the site of the first gateway monument sign and the nearby US 101 on /off ramp located at South Airport Boulevard and Wonder Color Lane as the site of decorative pavement improvements ( "Gateway Median "); and WHEREAS, in initial discussions with the State of California Department of Transportation ( "Caltrans "), City staff learned that Caltrans already had bid documents ready for advertisement in order to perform construction at the Gateway Median; and WHEREAS, Caltrans advertised the bids and selected a general contractor to perform its required work and has invited the City to enter into cooperative agreement no. 04 -2619 ( "Cooperative Agreement ") attached hereto and incorporated herein as Exhibit A, so that the City's decorative pavement improvements and irrigation conduit may be included as part of Caltrans' contract with its general contractor as change order work to deliver the improvements located at the on/off ramp median island; and WHEREAS, the Cooperative Agreement provides that the City will pay Caltrans $120,816 for the cost of the decorative pavement and conduit installation operations and sets forth the roles and responsibilities, invoice and payments, as well as the general conditions between the City of South San Francisco and Caltrans; and City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -236 WHEREAS, funding for this project is included in the City of South San Francisco's 2015 -2016 Capital Improvement Program; and WHEREAS, staff recommends approval of the Cooperative Agreement for decorative pavement improvements performed as part of the Gateway Monument Sign Project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco hereby takes the following actions: 1. Approves Cooperative Agreement No. 04- 22619. attached hereto as Exhibit A, between the City of South San Francisco and the State of California Department of Transportation, and, 2. Authorizes the City Manager to execute the Cooperative Agreement on behalf of the City and take any other action necessary to carry out the intent of this Resolution City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco Staff Report File Number: 16 -590 Agenda Date: 7/13/2016 Version: 1 In Control: City Council Agenda Number: 10. Motion approving the Minutes of meeting of June 22, 2016. P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Status: Consent Calendar File Type: Minutes City of South San Francisco Page 1 Printed on 7/26/2016 4 n }- n J O C..a31 to C?rder Roll Call. Agenda Review. None. MINUTES SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JUNE 22, 2016 5:30 P.M. TIME: 5:31 P.M. PRESENT: Councilmembers Garbarino, Matsumoto and Normandy, Vice Mayor Gupta and Mayor Addiego. ABSENT: None. Public Comments — comments are limited to items on the Special Meeting Agenda. None. ADMINISTRATIVE BUSINESS 1. 16 -250 Treasurer's Report - Resolution approving the Treasurer's Investment Policy for Fiscal Year 2016 -2017 (Hon. Frank Risso) la. Resolution No. 66 -2016 approving the Treasurer's Investment Policy for Fiscal Year 2016 -2017. City Treasurer, Hon. Frank Risso, presented the staff report recommending that Council adopt a resolution approving the Investment Policy for Fiscal Year 2016 -17. He stated that the California Government Code requires that the City's Investment Policy be reviewed and approved each fiscal year to incorporate new regulations affecting the City's investment program and other changes that the City Treasurer wishes the Council to authorize, if any. The proposed Policy for FY 2016 -17 was unchanged from the previous year. He recommended that the City continue to follow the existing Policy to maintain a diversified investment portfolio. This plan would help realize the objective of minimizing risk while maximizing return on investment. Accordingly, his recommendation was a continuation of the Policy in effect for fiscal year 2015 -2016. Councilwoman Matsumoto queried who reviewed the document. Treasurer Risso stated that he and Finance Director Lee had reviewed it. Councilwoman Matsumoto asked the identity of the Deputy Treasurer. Treasurer Risso responded that Finance Director Lee was the Deputy Treasurer. Motion —Vice Mayor Gupta/Second— Councilwoman Matsumoto: to approve Resolution No. 66 -2016. Unanimously approved by voice vote. 2. Report of resolution approving a shuttle services agreement with PCAM, LLC in an amount not to exceed $430,000 for the operations of the South City Shuttle for the period July 1, 2016 through June 30, 2018. (Justin Lovell, Public Works Administrator) 2a. Resolution No. 67 -2016 approving a shuttle services agreement with PCAM, LLC in an amount not to exceed $430,000 for the operations of the South City Shuttle for the period July 1, 2016 through June 30, 2018. Public Works Administrator Lovell presented the staff report recommending that Council adopt a resolution approving a Shuttle Services Agreement with PCAM, LLC in an amount not to exceed $430,000 for the operations of the South City Shuttle for the period July 1, 2016 through June 30, 2018. Administrator Lovell presented a PowerPoint describing the operations of the South City Shuttle Service since it began running in 2014. On June 30, 2016, the current Measure A funding through the Transportation Authority ( "TA ") for the Shuttle Program would end. Based on a February 2016 application, the City was awarded an additional two (2) years of funding from the TA in the amount of $360,507. Kaiser Hospital also contributed $5000. Staff issued a Request for Proposals for operation of the Shuttle Service and received two (2) responses. The proposals were rated on price, qualifications and the ability to provide low floor and/or alternative fuel vehicles. Based on this review, staffrecommended awarding the agreement to PCAM, LLC. Vice Mayor Gupta commented on the success of Shuttle Service Program. He advised of helpful signage in the South San Francisco BART Station that directed persons to the Shuttle's pick -up location. Councilwoman Matsumoto commented on the substantially expanded ridership and noted that at certain times and locations the shuttle was completely full. She noted that the senior population and students were greatly served by the shuttle. Mayor Addiego queried the shuttle's peak hours. Administrator Lovell advised the service is typically at its peak ridership in the morning and early to mid- afternoon. SPECIAL CITY COUNCIL MEETING TUNE 22, 2016 MINUTES PAGE 2 Motion — Councilwoman Matsumoto /Second--- Councilman Garbarino: to approve Resolution No. 67- 2016. Unanimously approved by voice vote. 3. Report regarding a resolution authorizing the City Manager to renew the existing Landscape Maintenance Services Agreement with Frank and Grossman of San Francisco, CA for citywide landscape maintenance services in an amount not to exceed $511,176 (Sharon Ranals, Director of Parks and Recreation) 3a. Resolution No. 68 -2016 authorizing the City Manager to renew the existing Landscape Maintenance Services Agreement with Frank and Grossman of San Francisco, CA for citywide landscape maintenance services in an amount not to exceed $511,176. Director of Parks and Recreation Ranals presented the staff report recommending approval of a resolution authorizing the City Manager to renew the existing Landscape Maintenance Services Agreement with Frank and Grossman of San Francisco for Citywide Landscape Maintenance Services in an amount not to exceed $511,176. Director Ranals advised the City contracts out for certain specialized landscape maintenance services throughout the City. These specialized contracted services are necessary to keep up with the extensive and varied landscape maintenance responsibilities to maintain safety and appearance. In 2014, the City issued a formal Request for Proposals for specialized landscaping services for specified locations and enhanced service levels. As a result of this process, Frank and Grossman Landscaping, Inc. was selected. The Company's contract with the City included a stipulation that if mutually agreed upon, the contract could be renewed. Staff recommended that the City Council adopt a resolution allowing a one year extension of the contract based on the work that Frank and Grossman had done in the initial term of service. The base bid on the contract was $457,000 with a 12% contingency for a total amount of $511,000. Councilwoman Normandy queried how Frank and Grossman's work was monitored. Director Ranals advised that two (2) field level staff members oversee and inspect their work. Further the Maintenance Program Manager, Samantha Haimovitch, meets with the Frank and Grossman staff biweekly to discuss reports that have come in and areas where improvement is needed. Councilwoman Normandy recommended against using extensions in future contracts. Councilwoman Matsumoto commented favorably on Frank and Grossman's work and noted that having the same provider ensures that its staff becomes familiar with the City's grounds and landscaping needs. Vice Mayor Gupta queried how the drought impacted landscape maintenance. Director Ranals advised that the drought had a profound effect on the ability to maintain medians and other landscaped areas in the City. For example, ornamental turf medians could not be watered and mowing frequency was reduced. Mayor Addiego commented that his displeasure with landscaping in the City was directed more at the fact that the product was old and reaching end of life. This had little to with the performance of the maintenance provider. SPECIAL CITY COUNCIL MEETING JUNE 22, 2016 MINUTES PAGE 3 Motion — Councilman GarbarinolSecond— Vice Mayor Gupta: to approve Resolution No. 68 -2016. Unanimously approved by voice vote. CONSENT CALENDAR 4. Report regarding a resolution approving and awarding contracts for furnishing bulk process chemicals at the Water Quality Control Plant for Fiscal Year 2016 -2017; and authorizing the City Manager to execute the necessary agreements (Brian Schumacker, Plant Superintendent) 4a. Resolution No. 69 -2016 approving and awarding contracts for furnishing bulk process chemicals at the Water Quality Control Plant for Fiscal Year 2016 -2017; and authorizing the City Manager to execute the necessary agreements (Brian Schumacker, Plant Superintendent) 5. Staff Report regarding a resolution approving a consultant services agreement with Dysert Environmental, Inc. for environmental sampling services in an amount not to exceed $90,000 annually, for Fiscal Years 2016-2017,2017-2018 and 2018 -2019, with an additional two (2) year extension option; and authorizing the City Manager to execute the agreement (Andrew Wemmer, Environmental Compliance Supervisor). 5a. Resolution No. 70 -2016 approving a consultant services agreement with Dysert Environmental, Inc. for environmental sampling services in an amount not to exceed $90,000.00 annually, for Fiscal Years 2016 -2017, 2017 -2018 and 2018 -2019, with an additional two (2) year extension option; and authorizing the City Manager to execute the agreement 6. Staff Report regarding a resolution approving an environmental testing services agreement for environmental laboratory testing services with Alpha Analytical Laboratories, Inc. in an amount not to exceed $220,000 annually for Fiscal Years 2016 -2017, 2017 -2018 and 2018 -2019, with two 1 -year extension options in 2019 -2020 and 2020 -2021; and authorizing the City Manager to execute the agreement (Andrew Wemmer) 6a. Resolution No. 71 -2016 approving an environmental testing services agreement for environmental laboratory testing services with Alpha Analytical Laboratories, Inc. in an amount not to exceed $220,000.00 annually for Fiscal Years 2016 -2017, 2017 -2018 and 2018 -2019, with two 1 -year extension options in 2019 -2020 and 2020 -2021; and authorizing the City Manager to execute the agreement 7. Staff Report - A resolution awarding a construction contract to Interstate Grading and Paving, Inc. of South San Francisco, California for the Brentwood Park Renovation and Pathway Improvement Project in an amount not to exceed $717,000 and authorizing a total construction budget of $845,000 (Sam Bautista, Principal Engineer & Kathleen Phalen, Swinerton Management + Consulting) 7a. Resolution No. 72 -2016 awarding a construction contract to Interstate Grading and Paving, Inc. of South San Francisco, California for the Brentwood Park Renovation and Pathway Improvement Project in an amount not to exceed $717,000 and authorizing a total construction budget of $845,000 Item 4a.: Councilwoman Matsumoto commented that she would like for future staff reports to include the dollar amount on the contract. Items 5a and 6a: Councilwoman Normandy approved of the agreements, but did not care for the term authorizing an additional two (2) year extension at the City Manager's discretion. She preferred such a SPECIAL CITY COUNCIL MEETING NNE 22, 2016 MINUTES PAGE 4 decision to come back to Council. Council and staff agreed that this change could be accomplished and the resolutions were so modified prior to approval. Motion— Councilwoman Normandy /Second— Councilman Garbarino: to adopt the Consent Calendar subject to revisions to items 5a. and 6a. striking the two (2) year extension option. Unanimously approved by roll call vote. CLOSED SESSION 8. Closed Session: Public Employee Performance Evaluation (Pursuant to Government Code Section 54957) Title: City Manager Time entered Closed Session: 6:22 p.m. Open Session resumed: 6:59 p.m. Report out of Closed Session by Mayor Addiego: Direction given. No reportable action taken, ADJOURNMENT Being no further business, Mayor Addiego adjourned the meeting at 6:59 p.m. Approved: Mark Addiego, Mayor City of South San Francisco SPECIAL CITY COUNCIL MEETING JUNE 22, 2016 MINUTES PAGE 5 a J O c'�LIFOR�1� Call to Order. Roll Call. Agenda Review. None. MINUTES SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JUNE 22, 2016 5:31 p.m. TIME: 6:20 p.m. PRESENT: Councilmembers Garbarino, Matsumoto and Normandy, Vice Mayor Gupta and Mayor Addiego. ABSENT: None. Public Comments — comments are limited to items on the Special Meeting Agenda. None. CLOSED SESSION 1. Conference with Labor Negotiators. Closed Session CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION (Pursuant to paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Issuance of Violation Report to Resolve Violations at ParkSFO (BCDC Permit No. 1998.011.01 and Enforcement File No. ER2000.097). Time entered Closed Session: 6:22 p.m. Recess: 6:59 p.m. Meeting and Closed Session Resumed: 9:54p.m. Open Session Resumed: 10:55 p.m. Report out of Closed Session: Direction given. No reportable action taken. ADJOURNMENT Being no finiher business, Mayor Addiego adjourned the meeting at 10:55 p.m. Submitted: K Ci erk City of South San Fr sco SPECIAL CITY COUNCIL MEETING MINUTES Approved: Mark Addiego, Mayor City of South San Francisco JUNE 22, 2016 PAGE 2 WEDNESDAY, JUNE 22, 2016 7:00 p.m. CALL TO ORDER Time: 7:01 p.m. ROLL CALL Present: Councilmembers Garbarino, Normandy and Matsumoto, Vice Mayor Gupta and Mayor Addiego. Absent: None. PLEDGE OF ALLEGIANCE Led by Vice Mayor Gupta. AGENDA REVIEW No changes. Councilman Garbarino requested that the meeting be adjourned in honor of Officer Michael Katherman of the San Jose Police Department and the victims of the Orlando Pulse Nightclub shooting: Stanley Almodovar III; Amanda Alvear; Oscar A Aracena- Montero; Rodolfo Ayala - Ayala; Antonio Davon Brown; Darryl Roman Burt II; Angel L. Candelario - Padro; Juan Chevez- Martinez; Luis Daniel Conde; Cory James Connell; Tevin Eugene Crosby; Deonka Deidra Drayton; Simon Adrian Carrillo Fernandez; Leroy Valentin Fernandez; Mercedez Marisol Flores; Peter O. Gonzalez -Cruz; Juan Ramon Guerrero; Paul Terrell Henry; Frank Hernandez; Miguel Angel Honorato; Javier Jorge - Reyes; Jason Benjamin Josaphat; Eddie Jamoldroy Justice; Anthony Luis Laureanodisla; Christopher Andrew Leinonen; Alejandro Barrios Martinez; Brenda Lee Marquez McCool; Gilberto Ramon Silva Menendez; Kimberly Morris; Akyra Monet Murray, Luis Omar Ocasio -Capo; Geraldo A. Ortiz - Jimenez; Eric Ivan Ortiz- Rivera; Joel Rayon Paniagua; Jean Carlos Mendez Perez; Enrique L. Rios, Jr.; Jean C. Nives Rodriguez; Xavier Emmanuel Serrano Rosado; Christopher Joseph Sanfeliz; Yilmary Rodriguez Solivan; Edward Sotomayor Jr.; Shane Evan Tomlinson; Martin Benitez Torres; Jonathan Antonio Camuy Vega; Juan P. Rivera Velazquez; Luis S. Vielma; Franky Jimmy Dejesus Velazquez; Luis Daniel Wilson -Leon; and Jerald Arthur Wright. Councilwoman Normandy requested the meeting be adjourned in honor of Louis Langi. MINUTES H g''"�� CITY COUNCIL CITY OF SOUTH SAN FRANCISCO n U O REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, JUNE 22, 2016 7:00 p.m. CALL TO ORDER Time: 7:01 p.m. ROLL CALL Present: Councilmembers Garbarino, Normandy and Matsumoto, Vice Mayor Gupta and Mayor Addiego. Absent: None. PLEDGE OF ALLEGIANCE Led by Vice Mayor Gupta. AGENDA REVIEW No changes. Councilman Garbarino requested that the meeting be adjourned in honor of Officer Michael Katherman of the San Jose Police Department and the victims of the Orlando Pulse Nightclub shooting: Stanley Almodovar III; Amanda Alvear; Oscar A Aracena- Montero; Rodolfo Ayala - Ayala; Antonio Davon Brown; Darryl Roman Burt II; Angel L. Candelario - Padro; Juan Chevez- Martinez; Luis Daniel Conde; Cory James Connell; Tevin Eugene Crosby; Deonka Deidra Drayton; Simon Adrian Carrillo Fernandez; Leroy Valentin Fernandez; Mercedez Marisol Flores; Peter O. Gonzalez -Cruz; Juan Ramon Guerrero; Paul Terrell Henry; Frank Hernandez; Miguel Angel Honorato; Javier Jorge - Reyes; Jason Benjamin Josaphat; Eddie Jamoldroy Justice; Anthony Luis Laureanodisla; Christopher Andrew Leinonen; Alejandro Barrios Martinez; Brenda Lee Marquez McCool; Gilberto Ramon Silva Menendez; Kimberly Morris; Akyra Monet Murray, Luis Omar Ocasio -Capo; Geraldo A. Ortiz - Jimenez; Eric Ivan Ortiz- Rivera; Joel Rayon Paniagua; Jean Carlos Mendez Perez; Enrique L. Rios, Jr.; Jean C. Nives Rodriguez; Xavier Emmanuel Serrano Rosado; Christopher Joseph Sanfeliz; Yilmary Rodriguez Solivan; Edward Sotomayor Jr.; Shane Evan Tomlinson; Martin Benitez Torres; Jonathan Antonio Camuy Vega; Juan P. Rivera Velazquez; Luis S. Vielma; Franky Jimmy Dejesus Velazquez; Luis Daniel Wilson -Leon; and Jerald Arthur Wright. Councilwoman Normandy requested the meeting be adjourned in honor of Louis Langi. PUBLIC COMMENTS Public Comments were heard before Presentations on the Agenda. Resident Bill Demeter addressed Council and expressed his displeasure with the City's response to concerns raised at the April 27, 20I6 City Council Meeting by the residents group opposed to the current state of LED street lighting in South San Francisco. He set forth a history of several requests for a response regarding potentially obsolete lighting choices used in a Pilot Study. He believed the Pilot Study to be a misuse of public funds and demanded an explanation as to why the potentially obsolete lights were used. He further demanded an explanation as to why there had been no follow -up to the concerns raised by the residents at the April 27, 2016 City Council Meeting. Resident Peggy Deras addressed Council on the LED street light subject. She noted that she practiced lighting design as a career until 2012. Some months ago she joined a group of residents concerned about the 2014 replacement of high pressure sodium street lights with cree XSP series LED street lights. She noted the group had been continuously voicing objections to the LED street lights based on their belief that pole spacing was insufficient to support adequate lighting with this type of LED light. Mrs. Deras noted the group had been encouraged by Vice Mayor Gupta's comments at the April 27, 2016 City Council Meeting that Council would form an ad hoc committee to look at the issue. She believed the committee had not been formed and alleged Council was stalling on the issue. PRESENTATIONS 1. Proclamation recognizing July as Parks and Recreation Month (Presented to Kristy Camacho, Parks and Recreation Commission Chair Pro Tem). Mayor Addiego presented the Proclamation recognizing July as Parks and Recreation Month in the City of South San Francisco to Parks and Recreation Commission Chair Pro Tern Kristy Camacho. On behalf of the Commission and Parks and Recreation Department staff, Chair Pro Tern Camacho thanked Council for the recognition and support of the Department's many programs. She further expressed the significance of the programs offered through the Department and their impact on residents' lives. She congratulated the Council on a successful State of the City Presentation and Measure W Town Hall. COUNCIL COMMENTS /REQUESTS Vice Mayor Gupta addressed the comments made regarding the LED streetlight situation. He wanted to correct some of the misimpressions by reporting on progress that had been made since the April 27, 2016 Council Meeting. As residents of the City, the Council shares in frustrations regarding the lighting situation. He stated that the City did not postpone thinking on the lighting issue. After the April 27, 2016 City Council Meeting, there was an early May ad hoc committee meeting at which the committee members, including Vice Mayor Gupta and Mayor Addiego met with staff to discuss the issue very carefully and thoughtfully. At the close of the ad hoc committee meeting, the committee members determined a need exists to explore additional street lighting options beyond the ones offered before. They decided to conduct a street lighting study in the Pecks Lots Neighborhood to get a broad perspective of the lighting capabilities. A community REGULAR CITY COUNCIL MEETING JUNE 22, 2016 MINUTES PAGE 2 meeting on the lighting situation was also in the works to seek comments and develop recommendations for adequate lighting city wide. Director of Public Works McMinn advised a meeting with the Pecks Lots Neighborhood was planned for July 14, 2016. Vice Mayor Gupta advised that Peninsula Clean Energy (PCE) was making rapid progress. The Board had hired a new CEO. The PCE was in the process of putting together contracts for buying clean energy. The Vice Mayor requested that space on the City's website be made for information regarding the PCE. Councilman Garbarino requested that a subcommittee be formed to study the Councilmembers' salaries. Councilwoman Normandy advised to be cautious of burglaries related to construction projects. She suggested considering temporary fencing around larger projects. Councilwoman Matsumoto congratulated the Fire Department on a successful special needs safety fair. She was also pleased to see CORA and HIP Housing, both respective recipients of CDBG funds, showcased at a recent Soroptomist event at which women that were helped by the organizations received awards related to their inspiring stories of success. She also announced that the Transportation Authority was accepting applications for the Citizens' Advisory Committee. She congratulated Assistant Library Director Elzholz on the wonderful summer programs available at the Library. Mayor Addiego relayed that 26 of the veterans listed on the eternal flame plaque at Orange Memorial Park are laid to rest at the San Bruno National Cemetery. He advised that he, Laura Fanella and Bill Benavides placed memorial flowers including the Blue Iris, South San Francisco's flower, at the gravesites. He congratulated Council and staff on a successful presence at the BIO 2016 Conference in San Francisco. Finally, he requested that the meeting be adjourned in celebration of the respective births of Lauren Rosenberg, daughter of City Attorney Jason Rosenberg and his wife, Erin, and Paloma Strand Rozzi- Mena, daughter of Senior Planner Tony Rozzi and his wife, Klealy. PUBLIC HEARING 2. Report of a resolution approving the Capital Improvement Plan (CIP) for fiscal year 2016 -2017 and authorizing city staff to prepare plans and specifications to advertise for construction bids for the projects under this plan (Justin Lovell, Public Works Administrator) 2a. Resolution No. 73 -2016 approving the Capital Improvement Plan (CIP) for fiscal year 2016 -2017 and authorizing city staff to prepare plans and specifications to advertise for construction bids for the projects under this plan. Public Works Administrator Lovell presented the staff report. He delivered a PowerPoint Presentation that began by highlighting changes to the proposed $17.7 million CIP Budget since the May 18, 2016 Special City Council Meeting Study Session on the subject. Since the Study Session, $1.4 million in Measure W funds were added into the Civic Center project for consistency with the operating budget document; Rounded numbers were used in the project sheets and summary charts; REGULAR CITY COUNCIL MEETING JUNE 22, 2016 MINUTES PAGE 3 Project scope and additional information was updated as requested by Council; and Project sheets were added for existing projects. Administrator Lovell continued and advised that this year's CIP included 22 new CIP projects totaling $7.3 million; and 16 additional appropriations to existing projects totaling $10.4 million. New projects included traffic calming, pedestrian improvements, and infrastructure maintenance. Maintenance and Construction of Facilities /Infrastructure was proposed as follows: Civic Center Plaza; Fire Station Maintenance; Energy Savings Program; Water Quality Control Plant Improvements; Bridge Preventative Maintenance and Underground Utilities District. Administrator Lovell closed by stating staff's recommendation that Council approve the fiscal year 2016 -17 Capital Improvement Plan and authorize staff to prepare plans and specifications to advertise construction bids for projects in the plan. Public Hearing Opened: 7:38 p.m. Councilwoman Matsumoto stated her support for the CIP. She stated she was pleased that the City Hall Modernization Plan would be considered as a whole, because she understood when it was first proposed it pertained only to security measures in the City Clerk's Office. She was not in favor of case by case improvements as everyone at City Hall was impacted. She next asked whether it would be possible to have parking meters installed at a uniform height and whether aluminum meters would be less expensive. Director of Public Works McMinn advised that staff would be reviewing the parking meters in the fall. Councilwoman Matsumoto further queried why the Sign Hill improvements were being funded by the General Fund and not through Park in Lieu fees. Director of Parks and Recreation Ranals advised Park in Lieu fees could not be used for maintenance. Vice Mayor Gupta advised that the Budget Standing Committee on several occasions and all Councilmembers at a Special Meeting for Study Session on May 18'', had reviewed and dissected the CIP thoroughly and he was very pleased with the final product. Public Hearing Closed: 7:52 p.m. Motion— Councilman Garbarino /Second Vice Mayor Gupta: to adopt Resolution No. 73 -2016. Unanimously approved by roll call vote. 3. Staff Report - regarding a resolution establishing sewer service rates effective for the Fiscal Year.2016 -2017; amending the Master Fee Schedule to include the Fiscal Year 2016 -2017 rates; and adopting the Report of Annual Sewer Rental Charges for Fiscal Year 2016 -2017 (Brian Schumacker, Plant Superintendent). 3a. Resolution No. 74 -2016 establishing sewer service rates effective for the Fiscal Year 2016 -2017; amending the Master Fee Schedule to include the Fiscal Year 2016 -2017 rates; and adopting the Report of Annual Sewer Rental Charges for Fiscal Year 2016 -2017. Public Hearing Opened: 7:57 p.m. Publie Hearing Closed: 7:58 p.m. REGULAR CITY COUNCIL MEETING NNE 22, 2016 MINUTES PAGE 4 Water Quality Control Plant Superintendent Schumacker presented the staff report recommending that Council approve a resolution establishing sewer service rates effective for the Fiscal Year 2016 -2017, amending the Master Fee Schedule to include the Fiscal Year 2016 -2017 rates, and adopting the Report of Annual Sewer Rental Charges for Fiscal Year 2016 -2017. The proposed rate increase in the amount of 2% was presented as was a summary of recent improvements at the Plant. Councilwoman Matsumoto advised that of the 17 agencies surveyed to compare rates, South San Francisco was the second lowest at $588. She noted that technology and other improvements at the Plant drove this savings. Motion— Vice Mayor Gupta /Second: Councilwoman Normandy: to adopt Resolution No. 74 -2016. Unanimously approved by roll call vote. 4. Report of a resolution adopting the Report of Stormwater Management Service Charges; approving the Stormwater Management Service Charges for Fiscal Year 2016 -2017; and directing the Stormwater Management Service Charges to be collected on the official tax assessment roll (Andrew Wemmer, Environmental Compliance Supervisor) 4a. 16 -475 Resolution adopting the Report of Stormwater Management Service Charges, approving Stormwater Management Service Charges for Fiscal Year 2016 -2017; and directing the Stormwater Management Service Charges to be collected on the official tax assessment roll. 4a. Resolution No. 75 -2016 adopting the Report of Stormwater Management Service Charges, approving Stormwater Management Service Charges for Fiscal Year 2016- 2017; and directing the Stormwater Management Service Charges to be collected on the official tax assessment roll, Environmental Compliance Supervisor Wemmer presented the staff report recommending that Council approve a resolution adopting the Report of Stormwater Management Service Charges, approving Stormwater Management Service Charges for Fiscal Year 2016 -2017; and directing the Stormwater Management Service Charges to be collected on the official tax assessment roll. Supervisor Wemmer advised that the City is mandated by the Clean Water Act and NPDES to control stormwater runoff in its jurisdiction. This includes compliance with 22 mandates, including among others, requirements for new development and redevelopment, public information outreach, and trash flow reduction. Staff assists with meeting these requirements by running programs such as street sweeping, storm drain cleaning, site inspection and educational outreach and public education initiatives. He advised that while there were no proposed changes to this year's charges, Council may wish to consider a Proposition 218 process in the near future to permit rate increases to fund expected increases in compliance costs. For now, however, the current resolution maintained the status quo. Public Hearing opened: 8:04 p.m. Public Hearing closed: 8:05 p.m. Motion— Councilman Garbarino /Second: Councilwoman Normandy: to adopt Resolution No. 75- 2016. Unanimously approved by roll call vote. REGULAR CITY COUNCIL MEETING JUNE 22, 2016 MINUTES PAGE 5 ADMINISTRATIVE BUSINESS 5. Staff report regarding resolution approving the Fiscal Year 2016 -17 Operating Budget for the City of South San Francisco, approving the Gann Appropriations limit and making changes to the City's salary schedules; Resolution approving changes to the Master Fee Schedule for Fiscal Year 2016 -17 for fees for services for the City of South San Francisco; (Richard Lee, Finance Director). 5a. Resolution No. 76 -2016 approving the Fiscal Year 2016 -17 Operating Budget for the City of South San Francisco, appropriating the corresponding funds; Authorizing the City Manager to make specified expenditures; making changes to the City's salary schedules, and approving the Gann Appropriations Limit. 5b. Resolution No. 77 -2016 approving changes to the Master Fee Schedule for Fiscal Year 2016 -2017 for fees for services for the City of South San Francisco. Director of Finance Lee presented that staff report recommending that Council adopt resolutions approving the Fiscal Year 2016 -17 Operating Budget for the City of South San Francisco, appropriating the corresponding funds; authorizing the City Manager to make specified expenditures; making changes to the City's salary schedules, and approving the Gann Appropriations Limit; and approving changes to the Master Fee Schedule for Fiscal Year 2016- 2017. Director of Finance Lee advised the proposed budget had been thoroughly reviewed and revised according to suggestions by Councilmembers received at the following meetings: May 2, 2016 Meeting of the Budget Standing Committee of the City Council (Normandy, Gupta); May 9, 2016 Meeting of the Budget Standing Committee of the City Council and May 18, 2016 Special Meeting of the City Council. Director Lee then provided a brief overview of the proposed budget. He discussed the economic trends impacting the economy and presented a high level overview of appropriated funds, Director Lee advised total revenue to the General Fund was projected at $104.8 million with the largest source coming from taxes, including Transient Occupancy Tax (TOT). He presented a chart showing the City's total General Fund expenditures at $103.1 million dollars. Supplies and services accounted for 27% of this amount and employee compensation costs accounted for 55% of the total expenditures. Councilwoman Matsumoto queried which source of revenue was most vulnerable. Director Lee responded TOT as it was vulnerable to natural disaster and recession. Vice Mayor Gupta noted for the public that the City would incur $104 million in revenues during FY 16 -17 and was spending $103 million while maintaining a fiscally conservative reserve of $20 million. In addition to the very healthy economy, Measure W proceeds were boosting revenues. Accordingly, he thanked the voters for passing Measure W in November 2015. Councilwoman Matsumoto queried the $20 thousand expenditure related to the Sustainable San Mateo County Organization. She further inquired as to the $500 amount reflected for spending on the Council Reorganization, noting that $500 seemed very small. REGULAR CITY COUNCIL MEETING JUNE 22, 2016 MINUTES PAGE 6 City Manager Futrell advised that the $20 thousand expenditure related to Sustainable San Mateo County was the City's share of payment into the group which monitored indicators for cities county wide. Regarding the Council Reorganization, staff would look into that expected expense. Councilwoman Matsumoto next queried whether the budget could be passed stripped of proposed changes to two (2) positions about which she required additional information. She stated that while she was not opposed to the changes related to the Social Media Coordinator Position and Deputy City Clerk Position, she did not have the information needed in time to permit her to make a decision. Staff requested a recess to review the requested modification. Recess: 8:40 p.m. Meeting resumed: 8:50 p.m. Staff advised the proposed budget could be passed with the following removed: 1) $18,000 appropriation to upgrade the Deputy City Clerk to a management level position; and 2) $79,000 to add the Social Media Coordinator Position to the City Manager Department Budget. Motion— Councilwoman Normandy /Second— Councilman Garbarino: to approve Resolution No. 76 -2016 as amended to remove: 1) $18,000 appropriation to upgrade the Deputy City Clerk to a management level position; and 2) $79,000 to add the Social Media Coordinator Position to the City Manager Department Budget. Unanimously approved by roll call vote. Motion— Councilwoman Normandy /Second— Councilman Garbarino: to approve Resolution No. 77 -2016. Unanimously approved by roll call vote. 6. Staff Report - A resolution approving the South San Francisco Conference Center Authority Fiscal Year 2016 -2017 budget. (Dean Grubl, Director South San Francisco Conference Center) 6a. Resolution No. 78 -2016 approving the South San Francisco Conference Center Authority budget for Fiscal Year 2016 -2017. Executive Director of the South San Francisco Conference Center Dean Grubl presented the staff report recommending that Council approve the Conference Center Authority Budget for Fiscal Year 2016 -2017. He advised the Conference Center was continuing at a strong pace with an occupancy projection of 82% for the upcoming fiscal year. Additionally, for the 5l' straight year, the Conference Center had earned the Pinnacle Award. He then provided a summary of projected revenues and proposed expenditures as follows: The FY 2016 -17 budget includes a total revenue projection of $3,770,394 and a total expenditure request of $3,206,315. Also included in the FY 2016 -17 budget was a capital project request of $361,500. The fund balance of roughly $2,349,661 at FY 2015 -16 year end continues to be healthy and indicates the Conference Center is able to operate and pay its expenses without General Fund subsidies. With that he submitted the proposed budget to Council for review and approval. Councilmembers commended the Conference Center for upgrading the HVAC equipment at the Center and suggested that a microphone system upgrade be considered in the near future. REGULAR CITY COUNCIL MEETING JUNE 22, 2016 MINUTES PAGE 7 Motion— Councilman Garbarino /Second— Councilwoman Normandy: to approve Resolution No. 78 -2016. Unanimously approved by roll call vote. 7. Staff Report regarding resolution providing interim spending authority for the first 60 days of Fiscal Year 2016 -17. (Richard Lee, Finance Director). 7a. Resolution providing interim spending authority for the first 60 days of Fiscal Year 2016 -2017. Item not heard due to passage of Resolution No. 76 -2016. 8. Staff report regarding resolution confirming South San Francisco Scavenger Company rate increase for Fiscal Year 2016 -17 (Richard Lee, Finance Director) 8a. Resolution 79 -2016 confirming an increase in solid waste collection rates as submitted by the South San Francisco Scavenger Company effective July 1, 2016. Director of Finance Lee addressed Council to introduce the proposed Resolution confirming an increase in solid waste collection rates as submitted by the South San Francisco Scavenger Company effective July 1, 2016. He advised that pursuant to the Franchise Agreement with the South San Francisco Scavenger Company, charges for collection and disposal of solid waste may increase annually by 80 percent of the Bay Area Consumer Price Index (CPI). Based on that calculation, the rate increase for this cycle was 2.35 %. He then introduced Paul Formosa, CFO of the Scavenger Company who provided an overview of current operations and services offered by the Scavenger Company. He provided an overview of recycling incentives and measure taken by the Company to encourage customers to recycle. Councilman Garbarino queried a proposed pilot program that he had learned of in the City of San Mateo. The Program proposed garbage pickup every other week in an effort to encourage recycling. Theresa Montgomery Recycling Manager at the South San Francisco Scavenger Company advised she was aware of the program, but understood that due to its inability to accommodate items that couldn't remain unprocessed for longer than a week, it likely wouldn't go forward. Regarding other recycling initiatives, she noted she was encouraged by state legislative efforts to mandate multi -bin sorting stations and believed these would be standard in the near future. Motion — Vice Mayor Gupta/Second— Councilwoman Matsumoto: to approve Resolution No. 79- 2016. Unanimously approved by roll call vote. 9. Staff Report regarding a resolution authorizing interim funding for the first ninety (90) days of Fiscal Year 2016 -2017 for the South San Francisco Conference Center (Dean Grubl, Conference Center Executive Director) 9a. Resolution approving interim funding for Fiscal year 2016 -17 for the South San Francisco Conference Center Authority (Dean Grubl, Executive Director South San Francisco Conference Center) Item not heard due to passage of Resolution No. 78 -2016. REGULAR CITY COUNCIL MEETING JUNE 22, 2016 MINUTES PAGE 8 CONSENT CALENDAR 10. Motion approving the Minutes of meetings of July 29, 2015, May 11, 2016, May 18, 2016, May 23, 2016, May 25, 2016, June 1, 2016, June 13, 2016 and June 14, 2016. 11. Motion confirming payment registers for June 22, 2016. (Richard Lee, Finance) Councilwoman Normandy queried Councilmembers regarding whether there had been a time when warrants were approved as opposed to confirmed. She noted that Council's action at regular meetings was simply to confirm payments that already been made and she wondered whether approval made more sense. Councilwoman Matsumoto and Mayor Addiego recalled that the issue had been raised in the past, but for the most part in recent history confirmation was the standard practice. Councilwoman Normandy then queried several line items referenced in the warrants, including payments to Daryl Jones, Midwest Audio Visual Resources and Billy Hustus Photography. Staff provided confirming information regarding these inquiries. Motion — Councilman Garbarino /Second— Councilwoman Normandy: to approve the Consent Calendar. Unanimously approved by roll call vote. CLOSED SESSION 12. Closed Session: Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mark Addiego, Mayor and Jason Rosenberg, City Attorney Unrepresented employee: City Manager Time entered Closed Session: 9:51 p.m. Open Session resumed: 10:55 p.m. Report out of Closed Session: Direction given. No reportable action taken. ITEMS FROM COUNCIL - COMMITTEE REPORTS AND ANNOUNCEMENTS Mayor Addiego requested that the meeting be adjourned in honor of John Dubrovich. ADJOURNMENT Being no further business, Vice Mayor Gupta adjourned the meeting at 10:56 p.m. in honor of Officer Michael Katherman, the victims of the Orlando Pulse Nightclub shooting, Louis Langi and John Dubrovich and in celebration of the respective births of Lauren Rosenberg and Paloma Strand Rozzi -Mena. Submitted by: Krisilk Ili, City er City o th San Francisco REGULAR CITY COUNCIL MEETING MINUTES Approved by: Mark Addiego, Mayor City of South San Francisco JUNE 22, 2016 PAGE 9 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Staff Report File Number: 16 -575 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Payment Register Agenda Number: 11. Motion confirming payment registers for July 13, 2016. (Richard Lee, Finance) The payments shown in the attached payment register are accurate and sufficient funds were available for payment (payroll items excluded). Attachment: Payment Register City of South San Francisco Page 1 Printed on 7/26/2016 Printed on: 06/30/2016 City of South San Francisco Page 7 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/10/2016 VENDOR NAME Dept 00 NON EXPENSE ACCT NICHOLAS HINRICHSEN Payments Issued for NON EXPENSE ACCT Dept 01 CITY COUNCIL THE SWENSON GROUP. INC. Payments Issued for CITY COUNCIL Dept 02 CITY CLERK THE SWENSON GROUP. INC. U S BANK CORP PAYMENT SYSTEM Payments Issued for CITY CLERK Dept 04 CITYATTORNEY THE SWENSON GROUP. INC. Payments Issued for CITYATTORNEY Dept 05 CITY MANAGER ADVANCED BUSINESS FORMS THE SWENSON GROUP, INC. INVOICE AMOUNT INVOICE DESCRIPTION 1,536.00 CITY ATTORNEY FEES REIMBURSEMENT - 360 L $1,536.00 INVOICE # P15-0073 CHECK # 250654 12.15 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 12.15 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 130.00 GAR - PROGRESS SEMINAR CC325963 250708 25.00 DM -47TH ANNUAL FARM DAY LUNCHEON CC326231 250708 59.90 RA - COIN GIFT BOXES CC326357 250708 99.90 DC- 2 EA IPAD PRO WIRELESS KEYBOARDS - C CC326472 250708 12.13 DM - MEETING SUPPLIES CC326535 250708 48.14 DM - OFFICE SUPPLIES CC326540 250708 $399.37 417.99 CITYWIDE COPIERS - MAINTENANCE & COPIES 264.31 CITYWIDE COPIERS - MAINTENANCE & COPIES 58.98 KM- SPECIALTY FOR STAFF MEETING $741.28 3.24 CITYWIDE COPIERS - MAINTENANCE & COPIES 3.24 CITYWIDE COPIERS - MAINTENANCE & COPIES $6.48 73.99 OPERATING SUPPLIES 122.18 CITYWIDE COPIERS - MAINTENANCE & COPIES 156.84 CITYWIDE COPIERS - MAINTENANCE & COPIES 10.95 CM - OPERATING SUPPLIES DURING TRAVEL 655.00 CM - CALED CONFERENCE 2,200.00 CM - 2016 BIO INTERNATIONAL CONVENTION 99.00 RA - 2016 NATIONAL NOTARY ASSOCIATION SU 28.00 RA - 2016 NATIONAL NOTARY ASSOCIATION SU 85.01 RA- PROCLAMATION /CERTIFICATE FRAMES 180619 250703 182400 250703 CC325872 250708 180619 182400 250703 250703 30093 250602 180619 250703 182400 250703 CC325875 250708 CC326154 250708 CC326341 250708 CC326360 250708 CC326360 250708 CC326369 250708 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 8 of 66 06/10/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 05 CITY MANAGER U S BANK CORP PAYMENT SYSTEM 12.14 DM - MEETING SUPPLIES CC326535 250708 670.00 ML - AMERICAN PLANNING ASSOCIATION MEMBE cc326577 250708 Payments Issued for CITY MANAGER $4,113.11 Dept 06 FINANCE DEPARTMENT JENNIFER CHIU 18.09 EMPLOYEE REIMB - MILEAGE: J CHIU 5/25/16 250629 NEOPOST USA INC 39.41 SEALING FLUID FOR ENVELOPE STUFFIER AND P NWDAR165638 250667 THE SWENSON GROUP, INC. 280.57 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 373.60 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 Payments Issued for FINANCE DEPARTMENT $711.67 Dept 07 NON - DEPARTMENTAL ABAG PLAN CORPORATION 147.00 LEGAL FEES - ABGV23655 -1604 ABGV23655 -1604 250601 97.84 LEGAL FEES - ABGV24534 -1604 ABGV24534 -1604 250601 FEDEX 76.27 GARAGE OPERATING SUPPLIES /SHIPPING FEE - 3758856463 250644 TRISTAR RISK MANAGEMENT 187,051.00 LOSS REPLENISHMENT 98603 EFT 237,271.43 LOSS REPLENISHMENT /PREFUNDING 98619 EFT U S BANK CORP PAYMENT SYSTEM 32.40 CM - OPERATING SUPPLIES cc326133 250708 234.50 RA - SISTER CITY MEXICO DELEGATE GIFT CC326345 250708 Payments Issued for NON - DEPARTMENTAL $424,910.44 Dept 09 HUMAN RESOURCES BRYCE CONSULTING 240.00 PROFESSIONAL SERVICES - COMPENSATION STUDY 2111 250620 THE SWENSON GROUP, INC. 252.84 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 404.28 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 Payments Issued for HUMAN RESOURCES $897,12 Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT ADVANCED BUSINESS FORMS 324.98 BIOTECH BUSINESS CARDS - GREENWOOD /GERBER/ 30084 250602 AT &T 103.05 BUILDING DIV DSL LINE -ANNEX 8121421/650829246147 250610 BAIRD + DRISKELL COMMUNITY PLN 1,500.00 21 ELEMENTS IMPLEMENTATION WORK 21 ELEM3282016 250612 JULIE BARNARD 23.76 ST. OF EXP FOR MAY 2016 - MILEAGE REIMB 5/13/16 250613 BAYSIDE ELECTRONICS 1,750.00 AMENDMENT #1 TO ECD BUSINESS WEBSITE 90021960 250614 VIVIAN DAY 272.51 OFFICE SUPPLIES REIMBURSEMENT 051016 250634 OFFICE DEPOT INC 37.43 OFFICE SUPPLY 835302720001 250672 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 9 of 66 06/10/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT YVONNE POON 14.36 STMT OF EXP- MILEAGE REIMB 5/17/16 - 5/25/16 250676 THE SWENSON GROUP, INC. 353.60 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 20.56 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 149.61 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 61.28 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 394.05 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 162.67 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 49.21 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 U S BANK CORP PAYMENT SYSTEM 495.00 RG -TEAM CALIF CONFERENCE cc 326093 250708 6.00 RG - TEAM CALIF CONFERENCE PARKING cc 326094 250708 408.75 IM - VARIDESK DESK TRAY CC326095 250708 595.00 ED -CALED CONFERENCE IN SSF CONFERENCE CE cc326223 250708 595.00 ED -CALED CONFERENCE IN SSF CONFERENCE CE cc326223 250708 175.00 ED -LOGO S/U FEE- SEE'S CANDIES BOX FOR 2 cc326238 250708 182.99 ED- OYSTER POINT VENTURES LUNCH MEETING cc326266 250708 261.83 ED -ECD DEPARTMENT MEETING cc326273 250708 60.00 AG- MONTHLY NEWSLETTER cc326338 250708 41.02 AG -SSF BIOTECH REAL ESTATE MEETING cc326342 250708 7.50 AG- MEETING GIFT CC326348 250708 16.15 AG -LUNCH MEETING AT GENENTECH CC326352 250708 121.50 AG- MEETING GIFTS CC326355 250708 164.71 AG-FACEBOOK ADVERTISING CC326361 250708 161.46 AG -ECD DEPT TRAINING CC326366 250708 40.49 AG -ECD DEPT TRAINING CC326367 250708 1.25 AG- PARKING FOR A MEETING -CITY OF SAN MAT CC326368 250708 30.00 AG -GAS FOR ECD CITY VEHICLE CC326373 250708 20.60 AG -STAFF MEETING CITY HALL ANNEX CC326374 250708 29.75 DW- MOBILE POWER INVERTER - PLANNING CC326462 250708 223.35 DW- PLANTRONICS PHONE HEADSET - PLANNING CC326463 250708 272.66 DW -CANON SCANNER - PLANNING CC326465 250708 WEST COAST CODE CONSULTANTS 1,430.00 PLAN REVIEW SERVICES BROOKWOOD (PROJ.101 1- 139 - 216 -05 -04 250712 Payments Issued for ECONOMIC & COMMUNITY $10,557.08 DEVELOPMENTDEPT Dept 11 FIRE DEPARTMENT BRYCE CONSULTING 1,177.44 PROFESSIONAL SERVICES - COMPENSATION STUDY 2165 250620 Printed on: 06/30/2016 City of South San Francisco Page 10 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/10/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 11 FIRE DEPARTMENT THE SWENSON GROUP, INC. 22.87 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 57.45 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 253.06 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 23.15 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 60.75 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 542.72 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 U S BANK CORP PAYMENT SYSTEM 125.00 DC- COMPUTER CAR ADAPTER FOR TABLET - FIR CC326471 250708 10.00 DC- COMPUTER CAR ADAPTER FOR TABLET - FIR CC326471 250708 Payments Issued for FIRE DEPARTMENT $2,272.44 Dept 12 POLICE DEPARTMENT CALIFORNIA POLICE CHIEFS ASSOC 1,764.00 J.AZZOPARDI- FY16 /17ANN. CPCA MEMBER. DU 297 250622 145.00 M.REMEDIOS /ANNUAL CPCAASSOCIATE MEMBERS 1833 250622 DASH MEDICAL GLOVES INC. 533.50 EVIDENCE SUPPLIES INV0992972 250633 GBH POLYGRAPH SERVICES 300.00 PREEMPLOYMENT POLYGRAPH 05/31/16 250647 GOLDEN GATE BRIDGE TOLL 32.25 BRIDGE TOLL T721636948603 250648 PENINSULA UNIFORMS & EQUIP INC 59.76 UNIFORMS ITEMS MAY 2016 250675 93.72 UNIFORMS ITEMS MAY 2016 250675 1,000.00 UNIFORMS ITEMS MAY 2016 250675 447.49 UNIFORMS ITEMS MAY 2016 250675 554.55 UNIFORMS ITEMS MAY 2016 250675 35.95 UNIFORMS ITEMS MAY 2016 250675 35.95 UNIFORMS ITEMS MAY 2016 250675 91.49 UNIFORMS ITEMS MAY 2016 250675 242.98 UNIFORMS ITEMS MAY 2016 250675 185.25 UNIFORMS ITEMS MAY 2016 250675 163.39 UNIFORMS ITEMS MAY 2016 250675 138.35 UNIFORMS ITEMS MAY 2016 250675 131.00 UNIFORMS ITEMS MAY 2016 250675 21.69 UNIFORMS ITEMS MAY 2016 250675 181.02 UNIFORMS ITEMS MAY 2016 250675 46.86 UNIFORMS ITEMS MAY 2016 250675 310.49 UNIFORMS ITEMS MAY 2016 250675 191.72 UNIFORMS ITEMS MAY 2016 250675 447.88 UNIFORMS ITEMS MAY 2016 250675 Printed on: 06/30/2016 City of South San Francisco Page 11 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/10/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 12 POLICE DEPARTMENT PENINSULA UNIFORMS & EQUIP INC 466.33 UNIFORMS ITEMS MAY 2016 250675 340.96 UNIFORMS ITEMS MAY 2016 250675 58.75 UNIFORMS ITEMS MAY 2016 250675 492.31 UNIFORMS ITEMS MAY 2016 250675 21.58 UNIFORMS ITEMS MAY 2016 250675 245.13 UNIFORMS ITEMS MAY 2016 250675 SACRAMENTO VALLEY SHOOTING CTR 200.00 SHOOTING RANGE EXPENSES 3031 250680 SAN MATEO COUNTY FORENSIC LAB 4,146.62 LAB FEES CL04805 250682 (1,001.62) RCFL COST ALLOCATION - LAB FEES 1318 250682 8,455.30 LAB FEES CL04834 250682 SAN MATEO MEDICAL CENTER 700.00 MEDICAL EXAMS 1201 250684 2,100.00 MEDICAL EXAMS 1192 250684 SPRINT NEXTEL 119.97 CARD DATA PLAN FOR PATROL VEHICLES 04/26 441688811 -102 250693 TELECOMMUNICATIONS ENG ASSOC 2,270.00 RADIOS MAINTEN FOR FY 2015 -2016 44273 250700 2,465.00 RADIOS MAINTEN FOR FY 2015 -2016 44273 250700 16,583.33 PROF. SERVICES FOR JULY 1, 2015 TO JUNE 44277 250700 THE SWENSON GROUP, INC. 9.91 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 250.70 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 10.19 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 243.93 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 U S BANK CORP PAYMENT SYSTEM 30.17 RC - YOUTH ACADEMY REFRESHMENTS cc3026508 250708 592.00 AP - GLOCKARMOR'S COURSE (2) CC326509 250708 747.60 SC - CLEANING & CALIBRATING GAS MASK CC326514 250708 41.93 MS - MATTED FRAME FOR PD EXPECTIONS cc326516 250708 48.00 MS - MAIDA'S RETIREMENT REFRESHMENTS CC326520 250708 25.02 MS - MAIDA'S RETIREMENT REFRESHMENTS CC326522 250708 645.00 MR - CATO TRAINING FEES (3) CC326525 250708 541.75 LS - HOTEL STAY FOR CRISIS NEGOTIATION T CC326532 250708 541.75 LS - HOTEL STAY FOR CRISIS NEGOTIATION T CC326532 250708 571.75 LS - HOTEL STAY FOR CRISIS NEGOTIATION T CC326532 250708 214.26 LS - SUPERVISORY COURSE HOTEL - M. MAHON CC326534 250708 ULINE 269.53 EVIDENCE SUPPLIES 77495118 250709 Payments Issued for POLICE DEPARTMENT $49,601.44 Dept 13 PUBLIC WORKS Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 12 of 66 06/10/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 13 PUBLIC WORKS AIRPORTAUTO PARTS INC 102.55 OIL FOR MILTON ROY PUMP 338324 250603 29.67 GARAGE OPERATING SUPPLIES - VEH 315 338425 250603 14.65 GARAGE OPERATING SUPPLIES - VEH 904 338124 250603 ALL INDUSTRIAL ELECTRIC SUPPLY 32.45 FREIGHT CHARGES FOR ELECTRICAL SUPPLIES 5140847 250604 200.75 STREETLIGHTING OPERATING SUPPLIES 5141322 250604 ALPHAANALYTICAL LABORATORIES 3,452.00 FY 2015 -2016 ANALYTICAL SERVICES 6033385- MD_SSF 250605 AMERICAN AIR SYSTEMS INC 2,260.00 FY15 -16 HVAC, BOILERS AND LAB REF UNITS 16 -0534 250606 ANDRES RODRIGUEZ 73.00 CLASS B PERMIT TEST FEE REIMBURSEMENT FO 3/25/16 250608 ARAMARK UNIFORM SERVICES 99.30 WEEKLY UNIFORM SERVICE 757414763 250609 39.00 LAB COAT REPLACEMENT 757414764 250609 187.10 LAB COAT REPLACEMENT 757414764 250609 BEST WESTERN GROSVENOR HOTEL 250.99 LODGING FOR CITY COUNCIL MEETING - MCMIN 83081 250615 THOMAS BLAKISTON 131.61 STANDBY MILEAGE REIMB FOR TOM BLAKISTON 5/20/16 - 5/26/16 250616 BLUE LINE TRANSFER INC 80,248.41 BIOSOLID DISPOSAL 0000451074 250617 BLUELINE RENTAL, LLC 2,004.53 STORM MAINTENANCE PUMP SERVICES 27239330005 250618 BROADMOOR LUMBER & PLYWOOD CO 140.49 SIDEWALKS OPERATING SUPPLIES 38896 250619 CASSANDRA PRUDHEL CONSULTING 715.00 CP LLC CONSULTING 2016 -3 250626 CENTRAL CONCRETE SUPPLY CO 83.21 SIDEWALKS OPERATING SUPPLIES 17476784 250627 CITY AUTO SUPPLY 22.08 GARAGE OPERATING SUPPLIES - VEH 120 /STOC 3- 320225 250630 14.03 GARAGE OPERATING SUPPLIES - VEH 314 3- 321498 250630 11.97 GARAGE OPERATING SUPPLIES - VEH 207 3- 321889 250630 369.08 GARAGE OPERATING SUPPLIES - VEH 521 3- 320010 250630 24.97 GARAGE OPERATING SUPPLIES - VEH 517 3- 320480 250630 37.88 GARAGE OPERATING SUPPLIES - VEH 310 3- 318868 250630 DUDLEY PERKINS CO 168.47 GARAGE OPERATING SUPPLIES - VEH 44 342662 250638 121.06 GARAGE OPERATING SUPPLIES - VEH 45 342659 250638 7.83 GARAGE OPERATING SUPPLIES - VEH 45 342668 250638 3.09 GARAGE OPERATING SUPPLIES - VEH 45 342661 250638 DYSERT ENVIRONMENTAL INC 380.00 FY 2015 -2016 SAMPLING SERVICES 11034 250640 380.00 FY 2015 -2016 SAMPLING SERVICES 11033 250640 380.00 FY 2015 -2016 SAMPLING SERVICES 11039 250640 ECOLAB EQUIPTMENT CARE 8,912.21 LAB -AUTO CLAVE REPAIR 94287662 250641 ENVIRONMENTAL EXPRESS, INC. 1,407.48 LAB SUPPLIES 1000422818 250642 FASTENAL COMPANY 36.53 GARAGE OPERATING SUPPLIES - STOCK PARTS CAS1024504 250643 FEET FIRST ENTERTAINMENT, INC 1,500.00 HR TRAINING FOR ENGINEERING KS062316 250645 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 13 of 66 06/10/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 13 PUBLIC WORKS FLYERS ENERGY LLC 4,602.52 LUBRICATION PRODUCTS FOR CITY FLEET 16- 263699 250646 355.73 LUBRICATION PRODUCTS FOR CITY FLEET 16- 266450 250646 GRANITEROCK COMPANY 630.06 STREET MAINTENANCE ASPHALT 964371 250650 1,006.94 STREET MAINTENANCE ASPHALT 962783 250650 212.21 STREET MAINTENANCE ASPHALT 961446 250650 GRAPHICS ON THE EDGE 61.04 GARAGE OPERATING SUPPLIES - VEH 0859 2426 250651 HARBOR READY MIX & CPS 753.91 SIDEWALKS OPERATING SUPPLIES 28581 250652 RICKY HORNY 386.70 REIMBURSEMENT FOR HOTEL ROOM /MEALS FOR 11/17/15- 11/19/16 250655 IDEXX DISTRIBUTION, INC. 3,838.06 LAB SUPPLIES 3003068062 250657 JDI ELECTRICAL SERVICES INC 111,046.20 K -3 TRANSFORMER REPLACEMENT 2425 250658 K -119 OF CALIFORNIA 109.48 SEWER MAINTENANCE OPERATING SUPPLIES 65184 250660 KAMAN INDUSTRIAL TECHNOLOGIES 56.55 MAINTENANCE SUPPLIES T54317 250661 KOMLINE - SANDERSON ENG CORP 1,202.74 MAINTENANCE SUPPLIES 42030973 250662 MCC CONTROL SYSTEMS LP 125.00 FY 2015 -16 SCADA PROGRAMMING /SERVER MAI 2002000 250664 MERIT SYSTEMS SERVICES INC 4,720.00 FY 2015 -16 SCADA /ELECTRICAL SERVICES 10406 250665 MOSS RUBBER & EQUIPT CORP 79.75 STORM MAINTENANCE OPERATING SUPPLIES 508456 -001 250666 18.55 SEWER MAINTENANCE OPERATING SUPPLIES 507844 -001 250666 108.65 GARAGE OPERATING SUPPLIES - VEH 625 508420 -001 250666 NORTH STATE ENVIRONMENTAL 292.52 DISPOSAL OF HAZARDOUS WASTE 047852 250669 NSI SOLUTIONS, INC. 327.00 LAB SUPPLIES 332237 250670 OFFICE DEPOT INC 67.94 OFFICE SUPPLIES 841057053001 250672 OLE'S CARBURETOR & ELEC INC 78.27 GARAGE OPERATING SUPPLIES - VEH 144 398976 250673 209.32 GARAGE OPERATING SUPPLIES - VEH 517 398864 250673 72.07 GARAGE OPERATING SUPPLIES - VEH 640 398758 250673 PENINSULA BATTERY CO 87.15 GARAGE OPERATING SUPPLIES - VEH 314 116742 250674 98.05 GARAGE OPERATING SUPPLIES - VEH 217 116721 250674 87.15 GARAGE OPERATING SUPPLIES - VEH 315 116777 250674 201.65 GARAGE OPERATING SUPPLIES - VEH 12 116681 250674 QUALITY ASSURANCE SOLUTION LLC 225.00 FY 2015 -16 LABORATORY STANDARD OPERATING CA- 2016 -036 250677 SAFETY COMPLIANCE MANAGEMENT 1,790.00 CONFINED SPACE OPERATIONS TRAINING FOR P 00007023 250681 SAN MATEO LAWNMOWER INC. 502.29 GARAGE OPERATING SUPPLIES - STOCK PARTS/ 158912 250683 SANDIS CIVIL ENG SURVEYORS 17,600.00 ON CALL SERVICES FOR SURVEYING, MAPPING, 1604068 250685 SERRAMONTE FORD INC 69.43 GARAGE OPERATING SUPPLIES - VEH 521 537684 250686 58.08 GARAGE OPERATING SUPPLIES - STOCK PARTS 537685 250686 SHAPE INCORPORATED 9,170.63 STATION 6 PUMP REPLACEMENT 121710 250687 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 14 of 66 06/10/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 13 PUBLIC WORKS SHAPE PRODUCTS 97.09 CHEMICAL SUPPLIES 4004880 250688 SHOE DEPOT INC 65.00 SAFETY SHOES FOR LOUIS LANGI 114392/0945 250689 SOUTH CITY LUMBER AND SUPPLY 42.68 ELECTRICAL SUPPLIES 888729 250691 16.64 STATION 3 LOCK INSTALLATION 889098 250691 80.69 SECURITY HASPS FOR STATION 3 889085 250691 0.57 GARAGE OPERATING SUPPLIES - STOCK PARTS/ 889089 250691 31.01 GARAGE OPERATING SUPPLIES - STOCK PARTS 888846 250691 SPARTAN MOTOR CHASSIS, INC. 29.02 GARAGE OPERATING SUPPLIES - STOCK PARTS IN00651698 250692 SSF SCAVENGER CO INC 17,140.63 DEBRIS BOX SERVICE FOR SWEEPER/ VACTOR 000449549 250694 STEVEN ENGINEERING 76.26 GARAGE OPERATING SUPPLIES - VEH 0858/508 2350979 -00 250696 STEVEN'S BAYAREA DIESEL SER I 2,830.73 GARAGE REPAIR SERVICE - VEH 502 40161 250697 STEWART CHEVROLET 12.24 GARAGE OPERATING SUPPLIES - VEH 217 91421 250698 TEREX SERVICES 408.00 QUARTERLY INSPECTION OF LIFTING CRANE(S) 90358539 250701 408.00 QUARTERLY INSPECTION OF LIFTING CRANE(S) 90358539 250701 409.00 QUARTERLY INSPECTION OF LIFTING CRANE(S) 90358539 250701 717.37 GARAGE SERVICE REPAIR - VEH 307 90360883 250701 746.99 GARAGE SERVICE REPAIR - VEH 202 90360882 250701 TETRA TECH BAS 328.50 CONSULTING SERVICES RELATED TO OYSTER PO 51040317 250702 THE SWENSON GROUP, INC. 12.75 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 108.61 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 137.28 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 111.54 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 85.79 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 13.03 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 102.53 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 211.81 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 143.40 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 120.50 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 THOMAS FISH COMPANY 138.50 BIOASSAY SPECIMEN 20737 250704 TRACTION - GENUINE PARTS CO. 18.49 GARAGE OPERATING SUPPLIES - STOCK PARTS 853114011 250705 61.27 GARAGE OPERATING SUPPLIES - STOCK PARTS 853113916 250705 241.49 GARAGE OPERATING SUPPLIES - STOCK PARTS 853113748 250705 U S BANK CORP PAYMENT SYSTEM 102.99 BS- DISH NETWORK SERVICE CC326316 250708 500.00 BM CC PURCHASE - REGISTRATION TO 2016 PU CC326611 250708 299.00 BM CC PURCHASE - REGISTRATION TO 2016 PU CC326611 250708 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 15 of 66 06/10/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 13 PUBLIC WORKS U S BANK CORP PAYMENT SYSTEM 3.00 BM CC PURCHASE - PARKING FEE FOR COUNTY CC326617 250708 7.00 BM CC PURCHASE - PICK UP FEE FOR EXPEDIT CC326620 250708 32.40 BM CC PURCHASE - EXPEDITED SHIPPING OF B CC326627 250708 295.00 KS CC PURCHASE - REG FOR UNDERGROUND UTI CC326636 250708 120.00 KS CC PURCHASE - REGISTRATION FOR MSA SF CC326638 250708 12.64 MM CC PURCHASE - SHIPPING OF GARAGE OPER CC326640 250708 1,043.79 MM CC PURCHASE - GARAGE OPERATING SUPPLI CC326642 250708 UPS FREIGHT 21.65 OUTGOING FREIGHT FOR BASIN PROBE 000OV52111226 250710 W.W. GRAINGER INC. 282.12 OPERATING SUPPLIES 9123492622 250711 WINGFOOT COMMERCIAL TIRE SYSTM 184.53 GARAGE OPERATING SUPPLIES - VEH 104 184 - 1075431 250713 144.80 GARAGE OPERATING SUPPLIES - VEH 712 184 - 1075381 250713 845.77 GARAGE OPERATING SUPPLIES - VEH 905 184 - 1075370 250713 Payments Issued for PUBLIC WORKS $292,934.13 Dept 15 LIBRARY DEPARTMENT COSTCO MEMBERSHIP 110.00 COSTCO MEMBERSHIP RENEWAL 00011182154218 542180 250631 DYMAXION RESEARCH LIMITED 93.60 SCHEDULING SOFTWARE LICENSE M6060368 250639 MASE GROUP LLC 183.55 DVD LABELING SERVICE 00195 250663 OCLC WESTERN 454.21 OCLC CATALGOING SUBSCRIPTION 0000465046 250671 THE SWENSON GROUP, INC. 12.75 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 61.44 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 1,136.87 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 13.03 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 71.53 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 605.51 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 U S BANK CORP PAYMENT SYSTEM 76.64 DW- LOGITECH PRO WEBCAM - LIBRARY CC326460 250708 174.96 DC -CYBER POWER REMOTE MGMT CARD - LIBRAR CC326473 250708 301.40 DC -UPS RACKMOUNT - MAIN LIBRARY CC326515 250708 1,568.38 ABS- PRINTING CC326524 250708 99.00 ABS- TECHSOUP PRODUCTS CC326530 250708 64.95 ABS- PROGRAM SUPPLIES CC326538 250708 22.14 ABS- PROGRAM SUPPLIES CC326538 250708 191.35 ABS- PROGRAM SUPPLIES CC326539 250708 95.70 ABS- PROGRAM SUPPLIES CC326542 250708 13.64 ABS- PROGRAM SUPPLIES CC326544 250708 Printed on: 06/30/2016 City of South San Francisco Page 16 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/10/2016 VENDOR NAME Dept 15 LIBRARY DEPARTMENT U S BANK CORP PAYMENT SYSTEM Payments Issued for LIBRARY DEPARTMENT Dept 16 INFORMATION TECHNOLOGY DEPARTMENT NETWORK COMPUTING ARCHITECTS QUILL CORPORATION TEKSYSTEMS INC. THE SWENSON GROUP. INC. TRAINING CAMP U S BANK CORP PAYMENT SYSTEM Payments Issued for INFORMATION TECHNOLOGY DEPARTMENT Dept 17 PARKS & RECREATION DEPARTMENT B &B CUSTOM DESIGNS CALIFORNIA ACADEMY OF SCIENCES RYAN CAMPAGNA ALENI CAPAZ CENTURY THEATRES INC. DISCOUNT SCHOOL SUPPLY INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 68.00 ABS- PROGRAM SUPPLIES CC326548 250708 37.22 ABS- OPERATING SUPPLIES CC326549 250708 174.02 ABS- OPERATING SUPPLIES CC326551 250708 $5,629.89 REAL PROGRAM PIZZA PARTY 5/26/2016 250623 521.21 YRLY RENEWAL - SECURITY SOFTWARE - P.A.N 49036 250668 192.67 OPERATING SUPPLIES - ITD 6048819 250678 3,200.00 TEMP STAFF - MICHAEL BARNES NW0136668 250699 45.18 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 53.75 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 3,595.00 CCNA SECURITY TRAINING CLASS 060816ht 250706 165.32 RC -UPC REPLACEMENT BATTERY CARTRIDGE FOR CC326442 250708 7.96 RC- RENEWAL OF CITY DOMAIN NAMES- WWW.SSF CC326451 250708 54.64 RC- 2 EA BELKIN 6' USB CABLES - IT CC326455 250708 136.60 RC -5 EA BELKIN 6' USB CABLES - IT CC326457 250708 44.00 RC -SAS W /HARD DRIVE - FOR PD SERVER CC326458 250708 42.83 RC -SAS W /HARD DRIVE - FOR PD SERVER CC326458 250708 129.62 RC -3.5 INTERNAL HARD DISK DRIVE - VOICEM CC326459 250708 48.89 DW -DUAL MONITOR STAND - IT CC326461 250708 27.19 DC- MONTHLY RENEW INTRANET WEBSITE PHOTO CC326468 250708 86.44 DC -PCI TRAINING CLASS - REFRESHMENTS CC326469 250708 30.00 DC -PCI TRAINING CLASS - STARBUCKS COFFEE CC326470 250708 $8,381.30 982.22 COOL BEANS SHIRTS 15547 250611 1,950.47 STAFF SHIRTS AND SWEATSHIRTS 15567 250611 423.75 FOF SUMMER CAMP TRIP 6/28/16 VISIT 954297 250621 43.58 REAL PROGRAM PIZZA PARTY 5/26/2016 250623 32.85 ENRICHMENT CAMP SUPPLIES 6/2/2016 250624 1,295.00 SUMMER CAMP MOVIE TICKETS FT55- 071316CSIMMOM 250628 1,295.00 SUMMER CAMP MOVIE TICKETS PONDO FT54- 071216CSIMMOM 250628 642.74 BOARD GAMES FOR SUMMER CAMP W25570560101 250635 352.98 SUMMER CAMP SUPPLIES/ ART W22547640101 250635 Printed on: 06/30/2016 City of South San Francisco Page 17 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/10/2016 VENDOR NAME Dept 17 PARKS & RECREATION DEPARTMENT DISCOUNT SCHOOL SUPPLY DANELE DIXON DIANA GONZALEZ CRISTINA RODRIGUEZ SMART & FINAL STORES LLC STAPLES BUSINESS ADVANTAGE THE SWENSON GROUP, INC. U S BANK CORP PAYMENT SYSTEM INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 570.23 SUMMER CAMP ART SUPPLIES W25527610101 250635 2,181.32 SUMMER CAMP SUPPLIES 5/20- 6/6/16 250636 441.52 PRESCHOOL GRADUATION & PROGRAM SUPPLIES 3/10 - 5/15/2016 250649 76.86 SUPPLIES FOR PONDEROSAASRP 12/9/2015 - 5/22/2016 250679 160.73 END OF YEAR PARTY SUPPLIES 5/21 - 5/25/2016 250679 499.84 SNACK SUPPLIES/ 3 SITES 189976 250690 1,626.45 OFFICE SUPPLIES FOR CHILDCARE AND SPORTS 8038721518 250695 160.19 OFFICE SUPPLIES FOR CHILDCARE AND SPORTS 8038721518 250695 246.31 OFFICE SUPPLIES FOR CHILDCARE AND SPORTS 8038721518 250695 13.56 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 9.91 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 137.28 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 578.91 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 348.66 CITYWIDE COPIERS - MAINTENANCE & COPIES 180619 250703 13.84 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 10.19 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 211.81 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 575.11 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 370.88 CITYWIDE COPIERS - MAINTENANCE & COPIES 182400 250703 500.00 AH- CUSTOM CABINET MATERIALS cc326018 250708 699.18 AH - CUSTOM CABINET MATERIALS cc326021 250708 49.08 AH - ENVELOPES cc326022 250708 142.36 RC -POE INJECTOR, WIRELESS ACCESS - MAGNO CC326449 250708 284.69 DC -HP LASERJET PRINTER - PARK & REC CC326474 250708 61.41 DA- PROPANE DOLLY cc326506 250708 107.20 KC - CHILDCARE PROGRAM SUPPLIES CC326510 250708 206.83 KC - CHILDCARE PROGRAM SUPPLIES CC326510 250708 295.54 KC - CHILDCARE PROGRAM SUPPLIES CC326510 250708 32.84 KC - CHILDCARE PROGRAM SUPPLIES CC326510 250708 130.34 KC - SUMMER CAMP PROGRAM SUPPLIES CC326518 250708 302.88 KC - CHILDCARE PROGRAM SUPPLIES CC326528 250708 514.03 KC - CHILDCARE PROGRAM SUPPLIES CC326528 250708 194.08 KC - CHILDCARE PROGRAM SUPPLIES CC326528 250708 572.60 KC - SUMMER CAMP PROGRAM SUPPLIES CC326531 250708 331.25 KC - BIG LIFT PROGRAM SUPPLIES CC326533 250708 Printed on: 06/30/2016 City of South San Francisco Page 18 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/10/2016 VENDOR NAME Dept 17 PARKS & RECREATION DEPARTMENT U S BANK CORP PAYMENT SYSTEM Payments Issued for PARKS & RECREATION DEPARTMENT Dept 27 NON - DEPARTMENTAL JOSEPH HUNZIKER U S BANK CORP PAYMENT SYSTEM Payments Issued for NON - DEPARTMENTAL Dept 99 CIP ANCHOR ENGINEERING, INC. CAROLLO ENGINEERS, PC CSG CONSULTANTS INC DKS ASSOCIATES HARRIS DESIGN JS CONCRETE CO. THE SWENSON GROUP. INC. Payments Issued for CIP Payments Made on 611012016 INVOICE AMOUNT INVOICE DESCRIPTION 101.31 KC - CHILDCARE PROGRAM SUPPLIES 613.05 KC - STORAGE CUBES FOR CHILDCARE PROGRAM 164.18 KC - STORAGE CUBES FOR CHILDCARE PROGRAM $20,555.04 562.40 EMPLOYEE REIMB FOR SENIOR CENTER SUPPLIE 83.23 RA - MEMORIAL DAY 2016 $645.63 14,404.50 ON CALL CONSTRUCTION MANAGMENT SERVICES 52,005.98 CONSULTING SERVICES, WQCP DIGESTER DESIG 5,420.00 DESIGN OF JUNIPERO SERRA BOULEVARD & KIN 430.00 ON CALL SERVICES FOR TRAFFIC ENGINEERING 3,445.00 WILLOW GARDENS PLAYGROUNDS REPLACEMENT P 1,827.50 MINOR CONSTRUCTION, MAIN LIBRARY RESURFA 85.79 CITYWIDE COPIERS - MAINTENANCE & COPIES 85.79 CITYWIDE COPIERS - MAINTENANCE & COPIES 120.49 CITYWIDE COPIERS - MAINTENANCE & COPIES 120.49 CITYWIDE COPIERS - MAINTENANCE & COPIES $77,945.54 $901,837.96 INVOICE # CC326536 CC326541 CC326541 6 -9 -16 CC326364 2091 REV 0149427 7203 0060878 15.04.06 1331 180619 180619 182400 182400 CHECK # 250708 250708 250708 250656 250708 250607 250625 250632 250637 250653 250659 250703 250703 250703 250703 Printed on: 06/30/2016 City of South San Francisco Page 19 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/15/2016 VENDOR NAME Dept 00 NON EXPENSE ACCT ODETTE CAMACHO SANDY GOMEZ WIN HTUT ADINE LE BERTHA RODRIGUEZ FRANCISCO RODRIGUEZ MIRABEL SABUGO Payments Issued for NON EXPENSE ACCT Dept 01 CITY COUNCIL NEOPOST USA INC OFFICE DEPOT INC U S BANK CORP PAYMENT SYSTEM Payments Issued for CITY COUNCIL Dept 02 CITY CLERK NEOPOST USA INC OFFICE DEPOT INC Payments Issued for CITY CLERK Dept 03 CITY TREASURER CHANDLER ASSET MGMT, INC Payments Issued for CITY TREASURER Dept 04 CITYATTORNEY MEYERS, NAVE, RIBACK Payments Issued for CITYATTORNEY Dept 05 CITY MANAGER GROUP 4 ARCHITECTURE OFFICE DEPOT INC Payments Issued for CITY MANAGER INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 50.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN 900594 250734 300.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN 900595 250734 300.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN 900679 250751 520.00 REFUND OF SUMMER CAMP 900833 250757 66.00 REFUND OF SUMMER CAMP 900834 250757 1,203.00 CITY ATTORNEY REIMBURSEMENT- 303 LINDEN P15 -0042 250768 152.00 REFUND FOR CANCELLED PHOTOGRAPHY CLASS 901274 250790 200.00 REFUND OF DEPOSIT FOR USE OF ORANGE PARK 900962 250791 350.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN 900592 250792 $3,141.00 3.79 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 12.99 OFFICE SUPPLIES - PAPER & KITCHEN SUPPLI 841553961001 250782 2,200.00 LN - 2016 BIO CONVENTION REGISTRATION SF CC326177 250807 $2,216.78 6.67 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 28.86 OFFICE SUPPLIES - PAPER & KITCHEN SUPPLI 841553961001 250782 $35.53 5,556.00 MANAGEMENT FEE FOR THE PERIOD ENDING 04/ 20076 250737 $5,556.00 77,452.76 CITYATTY FEES APR'1645- 001 - CITYATTO 2016040342 EFT $77,452.76 60,730.91 MEASURE W - SSF PUC SITE ANALYSIS -APRI 9502 250753 8.66 OFFICE SUPPLIES - PAPER & KITCHEN SUPPLI 841553961001 250782 $60,739.57 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 LEGAL FEES ABGV23447 -1604 Page 20 of 66 06/15/2016 AT &T 138.43 PHONE CHARGES VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 06 FINANCE DEPARTMENT 3779544444 250732 CALIFORNIA WATER SERVICE CO MAXIMUS CONSULTING SERVICES IN 2,300.00 FY2014 -15 ACTUAL DATA: STATE MANDATED CO 105296.01.03 -003 250771 NEOPOST USA INC 110.59 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 OFFICE DEPOT INC 14.43 OFFICE SUPPLIES - PAPER & KITCHEN SUPPLI 841553961001 250782 9639955148 61.61 OFFICE SUPPLIES - PAPER & KITCHEN SUPPLI 841553961001 250782 PUBLIC FINANCIAL MANAGEMENT IN 18,278.52 FINANCIAL ADVISOR SERVICES 16640 250787 READYREFRESH 49.79 MONTHLY WATER SERVICE LOWER LEVEL 06F003 06F0030587083 250788 STATE CONTROLLER'S OFFICE 297.21 2015 STATE CONTROLLER'S OFFSET PROGRAM 52677 250801 Payments Issued for FINANCE DEPARTMENT $21,112.15 95.90 WATER SERVICE Dept 07 NON - DEPARTMENTAL ABAG PLAN CORPORATION 325.80 LEGAL FEES ABGV23447 -1604 ABGV23447 -1604 250715 AT &T 138.43 PHONE CHARGES 650 829 1947 221 7 250727 CALIFORNIA WATER SERVICE 27,915.00 WATER SERVICE 3779544444 250732 CALIFORNIA WATER SERVICE CO 246.17 WATER SERVICE 0165444444 250733 32.37 WATER SERVICE 3194444444 250733 38.16 WATER SERVICE 9639955148 250733 36.96 WATER SERVICE 2432384014 250733 38.16 WATER SERVICE 3310807997 250733 187.40 WATER SERVICE 5187444444 250733 95.90 WATER SERVICE 7733252569 250733 NEOPOST USA INC 0.11 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 READYREFRESH 58.91 MONTHLY WATER SERVICE 1ST FLOOR BREAKROO 06F0030587158 250788 TRISTAR RISK MANAGEMENT 13,865.50 LOSS REPLENISHMENT - PREFUNDING 98625 EFT Payments Issued for NON - DEPARTMENTAL $42,978.87 Dept 09 HUMAN RESOURCES MEYERS, NAVE, RIBACK 182.00 APRIL 2016 CITYATTORNEY SVCS 405 -252 2016040337 EFT NEOPOST USA INC 3.62 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 OFFICE DEPOT INC 28.85 OFFICE SUPPLIES - PAPER & KITCHEN SUPPLI 841553961001 250782 Payments Issued for HUMAN RESOURCES $214.47 Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT CENTURY URBAN LLC 3,231.25 FY 15 -16 CENTURY URBAN LLC - ECONOMIC, D SSF6216 250736 CSG CONSULTANTS INC 3,570.00 APRIL 2016 BUILDING INSPECTION & PLAN RE 7192 250742 8,290.05 BUILDING PLAN REVIEW SERVICES 04/01/16 -0 B160302 250742 Printed on: 06/30/2016 City of South San Francisco Page 21 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/15/2016 VENDOR NAME Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT CSG CONSULTANTS INC FLEXGROUND SURFACES, INC MEYERS, NAVE, RIBACK NEOPOST USA INC OFFICE DEPOT INC READYREFRESH SAN FRANCISCO BUSINESS TIMES SANDIS CIVIL ENG SURVEYORS SOLO SOCCER SHOP SSF CONFERENCE CENTER STAPLES BUSINESS ADVANTAGE U S BANK CORP PAYMENT SYSTEM 1 4 9 x 011 0 KI LF9 Kole] 01 :9 K 0 7 0 6Y 110 F-11 01 I INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 4,848.49 BUILDING EXPEDITED PLAN REVIEW SERVICES B160303 250742 25,207.10 FY 15 -16 FRANCISCO TERRACE PARK IMPROVE 2015 -0026 250748 1,650.00 APRIL 2016 CITYATTORNEY SVCS 405.99010 2016040332 EFT 1,094.00 LEGAL SVCS REIMB 405.1176 2016040328 EFT 562.50 LEGAL SVCS REIMB 405.1223 2016040333 EFT 4,888.42 LEGAL SVCS REIMB 405.1235 2016040336 EFT 24.00 LEGAL SVCS REIMB 405.1239 OAKMONT MEADOW 2016040338 EFT 2,670.00 LEGAL SVCS REIMB 405.1247 2016040339 EFT 21.08 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 2.37 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 3.67 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 28.86 OFFICE SUPPLIES - PAPER & KITCHEN SUPPLI 841553961001 250782 44.11 DRINKING WATER FOR ANNEX 06F0030587323 250788 44.11 DRINKING WATER FOR ANNEX 06F0030587323 250788 14,000.00 ADVERTISING BAY AREA BIOTECH 17491 250795 3,150.00 APRIL 2016 ALTA SURVEYS:200 LINDEN & BAD 1603381 250796 1,050.00 MAY 2016 ALTA SURVEYS:200 LINDEN & BADEN 1604067 250796 13,000.00 FACADE IMPROVEMENT REQUEST FROM SOLO SOC RFP 5.31.2016 250798 2,050.00 PERSONALIZED MEDICINE UCSF /CSSF SPONSORS 8238 250799 461.24 OFFICE SUPPLIES 8039493920 250800 173.53 OFFICE SUPPLIES 8039493920 250800 491.86 OFFICE SUPPLIES 8039493920 250800 78.22 OFFICE SUPPLIES 8039493920 250800 7.34 OFFICE SUPPLIES 8039493920 250800 2,180.00 IM -CALED CONFERENCE FOR EDH STAFF cc 3206096 250807 4,393.75 AG -2016 BIO CONFERENCE GIFTS CC326371 250807 50.00 SM - RECORDED DOCUMENTS CC326716 250807 50.00 SM - RECORDED DOCUMENT CC326717 250807 291.50 ED -1ST INSTALLMENT- BUS RENTAL FOR TOUR cc326902 250807 102,709.76 BUILDING INSPECTION & PLAN REVIEW SERVIC 1- 139 - 216 -04 -01 250814 14,280.00 BUILDING INSPECTION SERVICES 04/01 -04/30 1- 139 - 216 -04 -03 250814 9,362.88 PLAN REVIEW SERVICES 03/01/16- 03/31/16 1- 139 - 216 -03 -01 250814 15,640.00 BUILDING INSPECTION SERVICES 03/01/16 -03 1- 139 - 216 -03 -03 250814 58,814.18 PLAN REVIEW SERVICES 05/01/16- 05/31/16 1- 411 - 216 -05 -01 250814 14,195.00 BUILDING INSPECTION SERVICES- 05/01 -05/3 1- 411 - 216 -05 -03 250814 Printed on: 06/30/2016 City of South San Francisco Page 22 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/15/2016 VENDOR NAME Payments Issued for Dept 11 FIRE DEPARTMENT ADVANCED BUSINESS FORMS AIRGAS NCN INC AIR -TRAK CAPITAL ONE NATIONAL ASSOC COUNTY OF SAN MATEO L N CURTIS & SONS 1113i1TAI* -Y41 :1a]1�9:1 0[41 *y NEOPOST USA INC NORCAL FPO ASSOCIATION OFFICE DEPOT INC '7�1U'1 77� 7x.9: VERIZON WIRELESS Payments Issued for FIRE DEPARTMENT Dept 12 POLICE DEPARTMENT NEOPOST USA INC U S BANK CORP PAYMENT SYSTEM Payments Issued for POLICE DEPARTMENT Dept 13 PUBLIC WORKS ADVANCED BUSINESS FORMS INVOICE AMOUNT INVOICE DESCRIPTION $312,609.27 INVOICE # CHECK # 46.70 PRINTING 30101 250716 308.37 OPERATING SUPPLIES 9936843240 250717 182.72 OPERATING SUPPLIES 9936843239 250717 239.70 OPERATING SUPPLIES 75720 250718 56.78 OPERATING EXPENSES /STATION SUPPLIES 7003 - 7310 - 0000 -5605 250735 435.99 OPERATING EXPENSES /STATION SUPPLIES 7003 - 7310 - 0000 -5605 250735 312.19 OPERATING EXPENSES /STATION SUPPLIES 7003 - 7310 - 0000 -5605 250735 947.25 RADIO TRUNK SYSTEM lYSS21605 250741 531.96 SAFETY UNIFORMS INV26366 250767 160.97 SUPRESSION SUPPLIES INV29233 250767 372.30 TRAINING SUPPLIES INV29216 250767 61.09 STATION 62 SUPPLIES 908122 250769 335.45 OPERATING SUPPLIES 923126 250769 15.09 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 129.41 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 8.59 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 1.81 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 330.00 DUES - FIRE PREVENTION Dues 2016 -2017 250781 22.98 OFFICE SUPPLIES 842200782001 250782 67.93 OFFICE SUPPLIES 842200782001 250782 58.91 WATER 06F0030587422 250788 60.87 WATER SUPPLIES 26E5711311000 250788 7.02 DATA CHARGES 9766250678 250810 $4,694.08 45.72 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 171.32 DC- PRINTER FUSER REPAIR KIT- POLICE CC326519 250807 (30.00) LA- CREDIT FOR ITEM AMOUNT ERROR ON HOTEL CC326768 250807 $187.04 305.42 2 -PT. CASH RECEIPTS FOR ENGINEERING 30100 250716 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 23 of 66 06/15/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 13 PUBLIC WORKS ALPHAANALYTICAL LABORATORIES 173.00 FY 2015 -2016 ANALYTICAL SERVICES 6061083 250720 1,269.00 FY 2015 -2016 ANALYTICAL SERVICES 6061561- MD_SSF 250720 232.00 FY 2015 -2016 ANALYTICAL SERVICES 6061560- MD_SSF 250720 182.00 FY 2015 -2016 ANALYTICAL SERVICES 6061529- MD_SSF 250720 1,269.00 FY 2015 -2016 ANALYTICAL SERVICES 6061562- MD_SSF 250720 282.00 FY 2015 -2016 ANALYTICAL SERVICES 6061533- MD_SSF 250720 182.00 FY 2015 -2016 ANALYTICAL SERVICES 6061528- MD_SSF 250720 1,273.00 FY 2015 -2016 ANALYTICAL SERVICES 6061084- MD_SSF 250720 1,273.00 FY 2015 -2016 ANALYTICAL SERVICES 6061085- MD_SSF 250720 15.00 FY 2015 -2016 ANALYTICAL SERVICES 6061086- MD_SSF 250720 AMERICAN TRUCK & TRAILER BODY 2,027.40 CRANE /BOOM REPAIR ON TRUCK 154682 250721 ARAMARK UNIFORM SERVICES 213.30 WEEKLY UNIFORM SERVICES 757426505 250722 187.10 WEEKLY UNIFORM SERVICES 757426506 250722 CLASS C SOLUTIONS GROUP 103.25 MAINTENANCE SUPPLIES 8454857001 250739 DKS ASSOCIATES 860.00 ON CALL SERVICES FOR TRAFFIC ENGINEERING 0060877 250743 DRD AUTOMOTIVE, INC. 54.74 GENERATOR BATTERY CHARGER 102179 250744 DYSERT ENVIRONMENTAL INC 380.00 FY 2015 -2016 SAMPLING SERVICES 11043 250745 ERPORTAL SOFTWARE GROUP LLC 3,127.50 EPORTALANNUAL MNTC & SUPPORT - WQCP INV30173 250747 GALLIS' SANITARY BAKERY 29.57 INTERVIEW PANEL REFRESHMENTS 005079 250750 HB URETHANE ROOFING 8,750.00 INSTALLATION OF URETHANE FOAM SYSTEM TO 783 250754 HOUSE OF COLOR SSF 57.17 MAINTENANCE SUPPLIES 92147 250756 165.28 MAINTENANCE SUPPLIES 92233 250756 K -119 OF CALIFORNIA 123.55 MAINTENANCE SUPPLIES 65260 250761 72.25 MAINTENANCE SUPPLIES 65268 250761 KAMAN INDUSTRIAL TECHNOLOGIES 402.03 MAINTENANCE SHOP RESTOCK W167803 250762 KOMLINE - SANDERSON ENG CORP 5,755.17 MAINTENANCE SUPPLIES 42031041 250765 KSM PRINTING 104.03 BUSINESS CARDS - PLANT SUPERINTENDENT 25348 250766 LOWE'S CREDIT SERVICES 79.65 MAINTENANCE SUPPLIES 902455 250769 47.35 PAINT 915817 250769 MCMASTER -CARR SUPPLY CO 49.77 OPERATING SUPPLIES 63225403 250772 36.21 PUMP STATION NO.3 SUPPLIES 63924501 250772 19.31 MAINTENANCE SUPPLIES 63347346 250772 10.20 STATION 14 BATTERY STRAP 64581884 250772 MERIT SYSTEMS SERVICES INC 4,720.00 FY 2015 -16 SCADA /ELECTRICAL SERVICES 10407 250773 MEYERS, NAVE, RIBACK 17,895.82 CITY ATTNY FEES MAR'16: 405 -236 SOLID WA 2016020679 EFT Printed on: 06/30/2016 City of South San Francisco Page 24 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/15/2016 VENDOR NAME Dept 13 PUBLIC WORKS MEYERS, NAVE, RIBACK MOSS RUBBER & EQUIPT CORP NATIONAL CINEMEDIA, LLC ABEGAIL PARTIN PENINSULA BATTERY CO PETERSON POWER SYSTEMS INC READYREFRESH SAFETY -KLEEN SYSTEMS INC SHAPE INCORPORATED STAPLES BUSINESS ADVANTAGE STEVEN ENGINEERING TETRA TECH BAS U S BANK CORP PAYMENT SYSTEM INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 446.00 APRIL 2016 CITY ATTORNEY SVCS 405 -236 2016040326 EFT 30.00 CITY ATTNY FEES APR'16: 405.237 STORM WA 2016040327 EFT 5,816.50 APRIL 2016 CITY ATTORNEY SVCS 2016040340 EFT 189.52 STREET ADMINISTRATION SUPPLIES 508204 -001 250776 814.27 ON- SCREEN OUTREACH INV- 090158 250778 799.91 ON- SCREEN OUTREACH INV- 089775 250778 5.59 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 29.89 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 17.74 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 29.57 MMANIC WOMEN'S LEADERSHIP SUMMIT MILEAGE 5/17/2016 250783 108.95 STATION NO. 14 SUPPLIES 116820 250784 10,134.47 FY2015 -16 GENERATOR & COGENERATOR MAINTE PC240029587 250786 44.10 DRINKING WATER FOR ANNEX 06F0030587323 250788 212.65 WATER SERVICE 5/7- 6/6/16 06F0028246270 250788 608.80 MAINTENANCE PARTS CLEANER 70285652 250793 3,614.95 PUMP REPAIR PARTS 121713 250797 3,614.95 PUMP REPAIR PARTS 121713 250797 226.85 OFFICE SUPPLIES 8039493972 250800 542.61 DEWATERING FACILITY REPAIR PARTS 2364599 -00 250802 25,000.00 CONSULTING SERVICES RELATED TO OYSTER PO 51027816 250805 5,237.85 CONSULTING SERVICES RELATED TO OYSTER PO 51027816 250805 6,812.52 CONSULTING SERVICES RELATED TO OYSTER PO 51049480 250805 6,097.70 CONSULTING SVCS - OYSTER POINT MARINA LA 51054943 250805 2,960.89 CONSULTING SVCS - OYSTER POINT MARINA LA 51056612 250805 29.90 BS- COFFEE FOR EARTH DAY COLMA CREEK CC326602 250807 99.00 BS -OSHA FIRST RESPONDER ONLINE COURSE CC326608 250807 99.00 BS -FIRST RESPONDER ONLINE REG. FOR CC326609 250807 99.00 BS -FIRST RESPONDER ONLINE COURSE REG. CC32614 250807 235.00 BS- MEMBERSHIP RENEWAL FOR K.NAVARRE CC326624 250807 29.90 BS- COFFEE FOR COLMA CREEK CLEANUP CC326625 250807 0.75 BS -SSF PARKING CC326626 250807 135.00 DB CC PURCHASE - MONTHLY DATA SERVICE FO CC326628 250807 128.22 DB CC PURCHASE - SNACKS AND DRINKS FOR P CC326630 250807 934.20 DB CC PURCHASE - 15 X 25 FLAG & SUPPLIES CC326633 250807 100.00 DB CC PURCHASE - DELIVERYAND GRATUITY F CC326634 250807 Printed on: 06/30/2016 City of South San Francisco LIBRARY PROGRAM Page 25 of 66 250726 Payment Listing for City Council Review 648.90 RESERVATION SOFTWARE 7/1/16- 6/30/17 8644 Payments Issued between 6/9/2016 and 6/29/2016 CONSTANT CONTACT, INC. 1,638.00 06/15/2016 5ACWS8QAB16616 250740 EBSCO INFORMATION SERVICES VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 13 PUBLIC WORKS 17.10 MAGAZINE SUBSCRIPTION 0488268 U S BANK CORP PAYMENT SYSTEM 95.00 JL CC PURCHASE - REGISTRATION FOR WOMEN' CC326635 250807 10448 207.10 MM CC PURCHASE - GARAGE OPERATING SUPPLI CC326693 250807 MAGAZINE SUBSCRIPTION 400.00 DB CC PURCHASE - LUNCH FOR PW SAFETY MEE CC326696 250807 23.72 1,139.84 DB CC PURCHASE - LUNCH FOR PW SAFETY MEE CC326696 250807 1,879.69 DB CC PURCHASE - LUNCH FOR PW SAFETY MEE CC326696 250807 UNITED SITE SERVICES OF CA 208.90 RESTROOM FACILITIES SERVICES 5/31/16 114 - 4091091 250808 070916 104.45 RESTROOM FACILITIES SERVICES 5/31/16 114 - 4080516 250808 UNIVAR USA INC 4,527.74 FY 2015 -2016 SODIUM BISULFITE SJ750385 250809 VWR INTERNATIONAL LLC 88.83 LAB SUPPLIES 8045117355 250811 607.46 LAB SUPPLIES 8045132291 250811 250770 850.83 LAB SUPPLIES 8045177870 250811 W.W. GRAINGER INC. 177.40 PLANT ELECTRICAL SUPPLIES 9127807098 250812 POSTAGE SUPPLIES & MAINTENANCE 331.34 MAINTENANCE SUPPLIES 9129943396 250812 Payments Issued for PUBLIC WORKS $137,630.90 11704 250785 Dept 15 LIBRARY DEPARTMENT ASIAN ART MUSEUM FOUNDATION 50.00 LIBRARY PROGRAM 06092016 250726 CALIFA GROUP 648.90 RESERVATION SOFTWARE 7/1/16- 6/30/17 8644 250731 CONSTANT CONTACT, INC. 1,638.00 E- NEWSLETTER 5ACWS8QAB16616 250740 EBSCO INFORMATION SERVICES (48.89) BOOKS - CREDITADJ ORDER F9386290 0010754 250746 17.10 MAGAZINE SUBSCRIPTION 0488268 250746 10,000.00 ANNUAL RENEWAL LIST - PARTIAL PAYMENT 10448 250746 98.42 MAGAZINE SUBSCRIPTION 0040697 250746 23.72 MAGAZINE SUBSCRIPTION 0488429 250746 264.10 MAGAZINE SUBSCRIPTION 0488441 250746 TRACY HILL 510.00 CHILDREN'S PERFORMER 070916 250755 KI, INC. 579.26 STAFF ERGO CHAIR 464633 250764 ANISSA MALADY 55.71 ANISSA MALADY- REIMBURSEMENT 6/6/16 250770 33.59 ANISSA MALADY- REIMBURSEMENT 6/6/16 250770 NEOPOST USA INC 22.21 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 1.53 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 PENINSULA LIBRARY SYSTEM 360.00 INSTAL EOP ADAPTERS FOR WIFI 11704 250785 1,309.94 CENIC BROADBAND COST JANUARY- JUNE 2016 11714 250785 Payments Issued for LIBRARY DEPARTMENT $15,563.59 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 26 of 66 06/15/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 16 INFORMATION TECHNOLOGY DEPARTMENT KELSO COMMUNICATIONS 2,867.39 TELECOMMUNICATIONS ASSIST /MAINTENANCE 12016078 250763 NEOPOST USA INC 0.23 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 TEKSYSTEMS INC. 3,200.00 TEMP STAFF - MICHAEL BARNES NW01371472 250804 Payments Issued for INFORMATION $6,067.62 TECHNOLOGY DEPARTMENT Dept 17 PARKS & RECREATION DEPARTMENT ALLIED IRON CO INC 38.15 SELLICK PARK HANDRAIL 130481 250719 LAURAARMANINO 405.86 FULL OF FUN CAMP SUPPLIES 6/7- 6/9/2016 250723 ARMSTRONG PRODUCTS 1,310.00 ART EXHIBIT PANELS FOR ART SHOWS 101528D 250724 172.49 ART EXHIBIT PANELS FOR ART SHOWS 101528D 250724 MICHAEL BOROVINA 114.08 EMPLOYEE REIMB. FOR TENNIS TOURNAMENT SU 6/10/16- 6/11/16 250728 BROADMOOR LUMBER & PLYWOOD CO 19.71 WESTBOROUGH MEDIAN 38963 250729 BRIAN BRUNELLI 282.00 SPRING 16 EDUCATION SUPPLIES & REIMB. 9/22/15,1/14/16 250730 CINTAS CORPORATION LOC 464 198.67 OMP POOL LOCKER ROOM MAINTENANCE SUPPLIE 464592777 250738 160.93 OMP POOL MAINTENANCE CLEANING SUPPLIES 464587081 250738 FOOD SERVICE PARTNERS OF CA 2,193.75 MAY 2016 SENIOR SVC MEALS SSF0139 250749 J C PHELAN AND SON, INC 2,880.00 FLAGPOLE MAINTENANCE 2003 250759 LOWE'S CREDIT SERVICES 313.00 SUMMER CAMP SUPPLIES 929893 250769 88.01 STORAGE BINS 910558 250769 MOVIE LICENSING USA 1,434.00 THREE MOVIES FOR SUMMER MOVIE NIGHTS RG 1336601 250777 NEOPOST USA INC 131.22 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 4.18 POSTAGE SUPPLIES & MAINTENANCE 53949579 250779 SAFEWAY INC 1,246.75 SNACK SUPPLIES FOR CHILDCARE - SUMMER CA 153302 250794 STAPLES BUSINESS ADVANTAGE 172.85 SUMMER CAMP SUPPLIES 3304017720/039493981 250800 33.91 SUMMER CAMP /CARD STOCK 3304017719/039493981 250800 20.47 SUMMER CAMP/ 30PK CD -R 3304017717/039493981 250800 9.63 PRESCHOOL GRAD HATS 3304017715/039493981 250800 13.90 3 HOLE PUNCH 3304017713/039493981 250800 541.95 PRESCHOOL GRADUATION SUPPLIES 3304017712/039493981 250800 216.21 OFFICE SUPPLIES FOR MSB ADMIN OFFICE 3304017718/039493981 250800 31.00 OFFICES SUPPLIES FOR MSB ADMIN OFFICE 3304017714/039493981 250800 323.71 OFFICE SUPPLIES FOR TERRABAY ADMIN OFFIC 3304017721/039493981 250800 U S BANK CORP PAYMENT SYSTEM 332.97 MM - BLACK RETRACTABLE BELL STANCHIONS CC326836 250807 666.03 MM - BLACK RETRACTABLE BELL STANCHIONS CC326836 250807 128.42 MM - BLACK RETRACTABLE BELL STANCHIONS CC326836 250807 Printed on: 06/30/2016 City of South San Francisco Page 27 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/15/2016 VENDOR NAME Dept 17 PARKS & RECREATION DEPARTMENT U S BANK CORP PAYMENT SYSTEM WESCO GRAPHICS, INC Payments Issued for PARKS & RECREATION DEPARTMENT Dept 21 NON - DEPARTMENTAL NEW HIGH PROTECTION Payments Issued for NON - DEPARTMENTAL Dept 27 NON - DEPARTMENTAL ANDREW ARZAGA GOURMET COFFEE SOLUTIONS INC. LOWE'S CREDIT SERVICES Payments Issued for NON - DEPARTMENTAL Dept 99 CIP DKS ASSOCIATES RHAA SYSERCO, INC. U S BANK CORP PAYMENT SYSTEM Payments Issued for CIP Payments Made on 611512016 INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 256.88 MM - BLACK RETRACTABLE BELL STANCHIONS CC326836 250807 4,970.14 SUMMER 2016 BROCHURE PRINTING FEE 41622 250813 $18,710.87 200.00 C & D DEPOSIT REFUND 534 POPLAR AVE B16 -0760 250780 $200.00 178.28 SM COUNTY FAIR DISPLAY SUPPLIES 6/8/16 250725 42.27 COFFEE CUPS FOR PUBLC COFFEE MACHINE - M 04191602 250752 94.18 SUPPLIES FOR PUBLIC COFFEE MACHINE 06101602 250752 51.68 IPP SM COUNTY FAIR MULCH 915814 250769 $366.41 9,723.28 ON CALL SERVICES FOR TRAFFIC ENGINEERING 0060825 250743 3,900.00 ON CALL SERVICES FOR TRAFFIC ENGINEERING 0060825 250743 4,300.00 ON CALL SERVICES FOR TRAFFIC ENGINEERING 0060825 250743 1,230.36 ON CALL SERVICES FOR LANDSCAPE ARCHITECT 0020386 250789 13,409.25 EQUIPMENT FOR GRAND AVE. LIBRARY PROJECT 12626 250803 81.96 DB CC PURCHASE - LUNCH TAC MEETING ON 5/ CC326629 250807 $32,644.85 $742,121.76 Printed on: 06/30/2016 City of South San Francisco Page 28 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/16/2016 VENDOR NAME Dept 06 FINANCE DEPARTMENT JESSICA CHAVEZ MARIANNE L MILLENA MIGUEL MILLENA Payments Issued for FINANCE DEPARTMENT Payments Made on 6/16/2016 INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 25.00 SERVICE FEES REIMBURSEMENT- 06/09/16 FEE REIMBURSEMENT 250815 25.00 SERVICE FEES REIMBURSEMENT- 06/10/16 FEE REIMBURSEMENT 250816 25.00 SERVICE FEES REIMBURSEMENT- 06/10/16 FEE REIMBURSEMENT 250817 $75.00 $75.00 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 29 of 66 06/17/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 00 NON EXPENSE ACCT ALISON GRANT 200.00 REFUND TRANSPORT SVC PT OVERPAYMENT 21379592 250850 ROY PALMER 90.00 TIME ADJUSTMENT TO HALL RENTAL PERMIT 901199 250870 22.50 TIME ADJUSTMENT REFUND FOR HALL RENTAL 901200 250870 CHRISTINE WILLIAMS 175.00 REFUND OF DEPOSIT FOR COMPLETED RENTAL 901204 250899 175.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN 901205 250899 Payments Issued for NON EXPENSE ACCT $662.50 Dept 01 CITY COUNCIL VERIZON WIRELESS 264.50 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 1,110.85 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 Payments Issued for CITY COUNCIL $1,375.35 Dept 02 CITY CLERK DELL MARKETING L P 1,009.17 NEW COMPUTER - CITY CLERK XJXJ619D2 250840 VERIZON WIRELESS 767.96 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 Payments Issued for CITY CLERK $1,777.13 Dept 04 CITYATTORNEY MEYERS, NAVE, RIBACK 74,619.33 CITY ATTY FEES MAY'l 6 405-001 CITY ATTON 2016050098 EFT Payments Issued for CITYATTORNEY $74,619.33 Dept 05 CITY MANAGER VERIZON WIRELESS 1,188.83 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 Payments Issued for CITY MANAGER $1,188.83 Dept 06 FINANCE DEPARTMENT SSF CHAMBER OF COMMERCE 65.00 BOARD MEMBER INSTALLATION FEES: R LEE 11229 250884 VERIZON WIRELESS 93.59 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 Payments Issued for FINANCE DEPARTMENT $158.59 Dept 07 NON - DEPARTMENTAL ABAG PLAN CORPORATION 2,854.60 LEGAL FEES ABGV23914 -1605 250819 3,031.60 LEGAL FEES ABGV23996 -1605 250819 100,000.00 LEGAL FEES ABGV24134 -1605 250819 7,490.48 LEGAL FEES ABGV24288 -1605 250819 Printed on: 06/30/2016 City of South San Francisco Page 30 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/17/2016 VENDOR NAME Dept 07 NON - DEPARTMENTAL AT &T MEYERS, NAVE, RIBACK PACIFIC GAS & ELECTRIC COMPANY PACIFIC GAS & ELECTRIC COMPANY STOMMEL, INC Payments Issued for NON - DEPARTMENTAL Dept 09 HUMAN RESOURCES MEYERS, NAVE, RIBACK VERIZON WIRELESS Payments Issued for HUMAN RESOURCES Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT ADVANCED BUSINESS FORMS DAILY JOURNAL CORPORATION INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 118.89 PHONE CHARGES C607319534777 250827 232.60 PHONE CHARGES 6508733333626 250827 27.57 PHONE CHARGES 6508756905180 250827 311.55 PHONE CHARGES 6508756920337 250827 143.41 PHONE CHARGES 6508756952115 250827 280.23 PHONE CHARGES 6508756970074 250827 24.57 PHONE CHARGES 6508756998247 250827 92.50 PHONE CHARGES C602222506777 250827 364.31 PHONE CHARGES C602224667777 250827 173.60 PHONE CHARGES C602223715777 250827 57.56 PHONE CHARGES C607319649777 250827 101.05 PHONE CHARGES C607390210777 250827 180.00 CITYATTY FEES MAY'16 405 -250 EMERGENCY 2016050112 EFT 71.87 GAS /ELECTRIC SERVICE 3635896993 -3 250867 188.82 GAS /ELECTRIC SERVICE 6035223249 -4 250867 136.37 GAS /ELECTRIC SERVICE 7785237739 -7 250867 80.42 GAS /ELECTRIC SERVICE 0379629797 -0 250867 14.14 GAS /ELECTRIC SERVICE 2900060739 -9 250867 34.87 GAS /ELECTRIC SERVICE 3084158901 -0 250867 158.79 GAS /ELECTRIC SERVICE 7036130873 -0 250867 774.36 GAS /ELECTRIC SERVICE 1886610157 -1 250867 1,996.05 GAS SERVICE -WQCP 8634831335 -3 250868 (1,385.83) GARAGE OPERATING SUPPLIES - VEH 404/405 01007425 250887 $117,554.38 2,002.00 CITYATTY FEES MAY'16 405 -255 COMPENSATI 2016050118 EFT 86.84 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 $2,088.84 135.10 BUSINESS CARDS - ROZZI, YIP, MARTIN 992.71 BIO SHIRTS FOR 2016 BIO CONFERENCE 154.77 BUSINESS CARDS - GERBER - MANZANO - MENDEZ 52.00 NOTICE OF HEARING 4 -21 -16 - DT REGULATIO 30090 250821 30094 250821 30088 250821 B2867767 250838 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 31 of 66 06/17/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT DAILY JOURNAL CORPORATION 54.00 NOTICE OF HEARING 4 -21 -16 - CONDOS 62867775 250838 62.00 LEGAL NOTICE PC HEARING 4 -21 -16 82868572 250838 110.00 NOTICE OF HEARING 5 -19 -16 62877373 250838 GEOLOGICA, INC. 2,250.00 MILLER MAPLE PROJECT - PHASE I ESA 16008 250845 JOINT VENTURE: SILICON VALLEY 2,250.00 2016 -17 SILICON VALLEY ECONOMIC DEV ALLI 406EDAssf 250852 MEYERS, NAVE, RIBACK 470.00 CITYATTY FEES MAY'16 405.99010 SUCCESSO 2016050109 EFT OFFICE DEPOT INC 191.84 OFFICE SUPPLIES 834731185001 250863 237.65 OFFICE SUPPLIES 841584395001 250863 117.58 OFFICE SUPPLIES 841993345001 250863 61.55 OFFICE SUPPLIES 843061201001 250863 U S BANK CORP PAYMENT SYSTEM 29.81 DC- WIRELESS COMPUTER MOUSE - ECD CC326575 250891 59.48 DC- SWIVEL HEAD MOBILE USB INVERTERS - PL CC326582 250891 VERIZON WIRELESS 158.26 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 714.19 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 622.81 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 1,000.40 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 266.07 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 266.07 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 Payments Issued for ECONOMIC & COMMUNITY $10,256.29 DEVELOPMENTDEPT Dept 11 FIRE DEPARTMENT CORELOGIC SOLUTIONS, LLC. 250.00 REALQU EST/S. MATEO FORECLOSURE MONTHLY RP 81698554 250837 LOWE'S CREDIT SERVICES 10.38 STATION 65 OPERATING SUPPLIES 915910 250860 U S BANK CORP PAYMENT SYSTEM 111.20 DC -HIGH SPEED INTERNET - FS 64 CC326566 250891 VERIZON WIRELESS 512.68 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 456.12 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 334.58 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 4.42 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 30.94 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 222.43 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 107.54 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 65.07 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 1,001.12 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 129.79 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 32 of 66 06/17/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Payments Issued for $3,236.27 Dept 12 POLICE DEPARTMENT VERIZON WIRELESS 1,800.07 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 76.24 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 385.82 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 76.02 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 556.39 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 Payments Issued for POLICE DEPARTMENT $2,894.54 Dept 13 PUBLIC WORKS AG TRANSMISSION REPAIR 371.02 GARAGE OPERATING SUPPLIES - STOCK PARTS 8410 250822 ARAMARK UNIFORM SERVICES 35.95 SEAT COVERS FOR GARAGE 000757367940 250824 71.75 UNIFORMS FOR CORP YARD 757426519 250824 47.83 UNIFORMS FOR CORP YARD 757426519 250824 ARC DOCUMENT SOLUTIONS, LLC 57.31 CORP YARD PLOTTER PAPER 1400617 250825 AZCO SUPPLY, INC. 6,468.25 STREETLIGHTING OPERATING SUPPLIES 191793 250828 BAY AREA CHEMEX, INC. 419.05 GARAGE REPAIR SERVICE - VEH 0854 27501 250829 CITY AUTO SUPPLY 101.75 GARAGE OPERATING SUPPLIES - VEH 248 3- 321102 250835 10.42 GARAGE OPERATING SUPPLIES - VEH 5028 3- 322481 250835 100.56 GARAGE OPERATING SUPPLIES - STOCK PARTS 3- 323447 250835 59.48 GARAGE OPERATING SUPPLIES - VEH 103 3- 323266 250835 175.86 GARAGE OPERATING SUPPLIES - VEH 207 3- 322048 250835 FLYERS ENERGY LLC 11,752.28 CITYWIDE CARD LOCK FUEL CFS1234113 250843 GEORGE T. HALL CO., INC 2,637.13 PLANT MAINTENENANCE SUPPLIES S1216937.001 250846 LARRY WALKER ASSOCIATES, INC. 515.00 NPDES PERMIT REGULATORY ASSISTANCE 00516.02 -7 250855 LOWE'S CREDIT SERVICES 20.78 SEWER MAINTENANCE OPERATING SUPPLIES 902669 250860 OFFICE DEPOT INC 65.13 OFFICE SUPPLIES 838480239001 250863 OLE'S CARBURETOR & ELEC INC 15.26 GARAGE OPERATING SUPPLIES - VEH 144 399259 250864 156.04 GARAGE SERVICE REPAIR - VEH 315 398989 250864 PANKEY'S RADIATOR INC. 977.95 GARAGE SERVICE REPAIR - VEH 640 230994 250871 SCHAEFFER MFG CO 1,704.46 OPERATING SUPPLIES fFF23630 -INV1 250880 SHAPE PRODUCTS 525.26 LABORATORY SUPPLIES 4004561 -A 250881 SHOE DEPOT INC 237.37 SAFETY SHOES FOR MATT POWLESON 113197/0964 250882 175.00 SAFETY BOOTS FOR ART REEVES 98113/0202 250882 158.82 SAFETY SHOES WQCP 101330/0343 250882 Printed on: 06/30/2016 City of South San Francisco Page 33 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/17/2016 VENDOR NAME Dept 13 PUBLIC WORKS SOUTH CITY LUMBER AND SUPPLY STOMMEL, INC U S BANK CORP PAYMENT SYSTEM UNITED ROTARY BRUSH CORP UNIVAR USA INC DID 7��iP► \�i�ll 7��x.Xy RTA5TA1191 11 Eel : 1 -.4 101 Payments Issued for PUBLIC WORKS Dept 15 LIBRARY DEPARTMENT AAA BUSINESS SUPPLIES LECTURA BOOKS OFFICE DEPOT INC ONE WORK PLACE REGIONAL GOVERNMENT SRVC AUTH ROSS MCDONALD CO INC INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 5.52 MAINTENANCE SUPPLIES 888964 250883 834.04 GARAGE OPERATING SUPPLIES - VEH 11 01124368 250887 94.50 GARAGE OPERATING SUPPLIES - VEH 512 01124741 250887 316.49 GARAGE OPERATING SUPPLIES - VEH 316 01125093 250887 1,405.80 GARAGE OPERATING SUPPLIES - VEH 404/405 01124969 250887 29.97 DC- IPHONE 6 SHELLS CC326581 250891 251.53 GARAGE OPERATING SUPPLIES - VEH 311 CI186581 250892 2,256.15 SODIUM HYPOCHLORITE (HYPO) SJ750642 250894 2,325.94 SODIUM HYPOCHLORITE (HYPO) SJ750640 250894 76.02 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 110.78 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 306.86 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 66.44 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 12.67 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 49.23 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 152.04 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 76.02 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 53.77 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 38.01 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 50.68 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 850.20 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 29.39 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 1,431.35 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 9,526.50 TRAFFIC MARKING - LINE STRIPPING 9134421156 250898 $47,209.61 2,167.67 CONFERENCE ROOM TABLES - MAIN LIBRARY 1861779 -0 250818 3,780.00 BOOKS 8719 250857 351.50 BOOKS 8719 250857 70.06 PAPER 843575977001 250863 4,395.97 STAFF CHAIRS 13516 250865 2,437.24 COMPUTER CHAIRS 13515 250865 372.00 CONTRACT SERVICES BY CAROL SIMMONS 6060 250874 2,565.65 STAFF ROOM SHELVING 616098 250877 Printed on: 06/30/2016 City of South San Francisco Page 34 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/17/2016 VENDOR NAME Dept 15 LIBRARY DEPARTMENT UPSTART VERIZON WIRELESS Payments Issued for LIBRARY DEPARTMENT Dept 16 INFORMATION TECHNOLOGY DEPARTMENT COMCAST CABLE COMMUNICATION IN GRANICUS, INC. U S BANK CORP PAYMENT SYSTEM VERIZON WIRELESS Payments Issued for INFORMATION TECHNOLOGY DEPARTMENT Dept 17 PARKS & RECREATION DEPARTMENT ALL INDUSTRIAL ELECTRIC SUPPLY ARAMARK UNIFORM SERVICES ARC DOCUMENT SOLUTIONS, LLC ART'S PENINSULA LOCKSMITH BROADMOOR LUMBER & PLYWOOD CO DAN'S DRILLING & FENCING INC DOGPOOPBAGS.COM LLC EWING IRRIGATION PRODUCTS INC KELLY -MOORE PAINT CO INC 111361TAI -041 7Aa]1�9:1 -.0 NOW PACIFIC NURSERIES PENINSULA SPORTS OFFICIALS READYREFRESH INVOICE AMOUNT INVOICE DESCRIPTION 484.71 SUMMER READING SHIRTS 0.22 CITYWIDE IPHONE & IPAD CHARGES 91.78 CITYWIDE IPHONE & IPAD CHARGES $16,716.80 239.08 HS INTERNET - TERRABAY 14,857.92 YRLY RENEWAL OF MANAGED SERVICE - WEBSIT 15.60 DC- IPHONE CASES - IT 95.00 TB- SECURITY MONTHLY RENEWAL - NINITE 95.00 TB- SECURITY MONITORING RENEWAL - NINITE 403.11 CITYWIDE IPHONE & IPAD CHARGES $15,705.71 INVOICE # CHECK # 5884417 250895 9763916821 250897 9763916821 250897 8155 20 044 0622357 250836 76759 250849 CC326578 250891 CC327003 250891 CC327005 250891 9763916821 250897 401.51 STORM MAINTENANCE/ CENTENNIAL WAY - SUPP 5140962 250823 86.68 PARKS DIVISION UNIFORMS 757414782 250824 57.30 CORP YARD PLOTTER PAPER 1400617 250825 733.93 WB PARK MEN'S BATHRM LOCK 443611 250826 59.13 NURSERY SOIL MIX 38985 250832 59.13 NURSERY SOIL MIX 38987 250832 118.26 NURSERY SOIL MIX 38944 250832 345.00 CENTENNIAL TRAIL FENCE REPAIR 62164 250839 3,000.00 DOG POOP BAGS 6436 250841 577.19 PARKS IRRIGATION 1594887 250842 313.37 PAINT FOR TERRA BAY 1102 - 00000506465 250853 (313.37) PAINT FOR TERRA BAY - RETURN 1102 - 00000506859 250853 352.68 PAINT FOR TERRA BAY 1102 - 00000506860 250853 16.73 PARKS MAINTENANCE SUPPLIES 902931 250860 31.12 PARKS MAINT. SUPPLIES 902909 250860 196.61 PARKS MAINT. SUPPLIES 902799 250860 69.63 PARKS OPERATING SUPPLIES 902362 250860 16.19 GRAND AND LINDEN PLANTER SI- 339204 250869 684.00 UMPIRE LEAGUE FEES FOR SPORTS PROGRAMS 101597 250872 32.77 MONTHLY WATER SERVICE FOR MAGNOLIA SEN10 06F0030586945 250873 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 35 of 66 06/17/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 17 PARKS & RECREATION DEPARTMENT ROBERTSON INDUSTRIES, INC. 1,893.00 WB PARK SURFACING REPAIR PJ1004513 250875 SAN MATEO LAWNMOWER INC. 65.33 PARKS MAINT. SUPPLIES 159135 250879 66.34 PARKS MAINT. SUPPLIES 159120 250879 5,830.67 PARKS MAINT. SUPPLIES 159125 250879 SOUTH CITY LUMBER AND SUPPLY 54.71 INSTALL MSB BACKFLOW 889087 250883 5.57 PARKS MAINT. SUPPLIES 887704 250883 48.21 PARKS MAINT. SUPPLIES 888870 250883 51.82 PARKS MAINT. SUPPLIES 889088 250883 STAPLES BUSINESS ADVANTAGE 483.56 MSB ADMIN OFFICE SUPPLIES AND COPY PAPER 8039493955 250885 UNITED SITE SERVICES OF CA 99.12 PORTABLE RESTROOM @ PARADISE VALLEY 114 - 3890582 250893 108.21 PORTABLE RESTROOM @ SOUTHWOOD DR. 114 - 4080346 250893 VERIZON WIRELESS 208.96 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 53.77 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 42.68 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 156.92 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 244.64 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 276.44 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 19.00 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 19.01 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 45.16 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 107.54 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 53.77 CITYWIDE IPHONE & IPAD CHARGES 9763916821 250897 W.W. GRAINGER INC. 927.50 PARKS SAFETY GEAR 9128696433 250898 Payments Issued for PARKS & RECREATION $17,699.79 DEPARTMENT Dept 21 NON - DEPARTMENTAL BENJAMIN FRANKLIN PLUMBING 500.00 ENCROACH DEPOSIT, 340 MIRA VISTA WAY E16 -0274 250830 CABLECOM LLC 10,000.00 ENCROACH DEPOSIT, 1133 EL CAMINO REAL E14 -0181 250833 4,000.00 ENCROACH DEPOSIT, OYSTER PT BLVD & ECCLE E14 -0183 250833 1,000.00 ENCROACH DEPOSIT, NORTH & SOUTH CANAL ST E15 -0047 250833 2,500.00 ENCROACH DEPOSIT, 195 N. ACCESS RD. E15 -0089 250833 5,000.00 ENCROACH DEPOSIT, 310 UTAH AVE. E15 -0187 250833 1,400.00 ENCROACH DEPOSIT, 220 LINDEN AVE. E15 -0302 250833 500.00 ENCROACH DEPOSIT, 1265 MISSION RD. E15 -0303 250833 2,500.00 ENCROACH DEPOSIT, 223 S. MAPLE AVE. E15 -0335 250833 Printed on: 06/30/2016 City of South San Francisco Page 36 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/17/2016 VENDOR NAME Dept 21 NON - DEPARTMENTAL CABLECOM LLC LINDSTROM CO STATE BOARD OF EQUALIZATION TECHNOLOGY, ENG CONST /ACCUTITE Payments Issued for NON - DEPARTMENTAL Dept 27 NON - DEPARTMENTAL GOURMET COFFEE SOLUTIONS INC. PACIFIC NURSERIES SAN MATEO COUNTY TRANSIT DISTR Payments Issued for NON - DEPARTMENTAL Dept 99 CIP BKF ENGINEERS LAWS AND ASSOCIATES INC SYSKA HENNESSY GROUP INC Payments Issued for CIP INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 6,000.00 ENCROACH DEPOSIT, 20 S. LINDEN AVE. E15 -0357 250833 1,500.00 ENCROACH DEPOSIT, 433 ALIDA WAY E15 -0444 250833 1,500.00 ENCROACH DEPOSIT, 1486 HUNTINGTON AVE. E15 -0445 250833 1,500.00 ENCROACH DEPOSIT, 20 SO. LINDEN AVE. E15 -0446 250833 500.00 ENCROACH DEPOSIT, 43 FAIRWAY DRIVE E16 -0246 250859 1,018.83 MAY2016 USE TAX ACCRUAL 99- 252901 250886 423.80 MAY2016 USE TAX ACCRUAL 99- 252901 250886 7.47 MAY2016 USE TAX ACCRUAL 99- 252901 250886 22.90 MAY2016 USE TAX ACCRUAL 99- 252901 250886 300.00 ENCROACH DEPOSIT, 465 CABOT RD E16 -0014 250889 $40,173.00 166.70 SUPPLIES FOR PUBLIC COFFEE MACHINE 05261605 250848 123.99 IPP FLOWERS SI- 339142 250869 380.25 MONTHLY SENIOR REDIWHEELS FOR MAY 2016 516272 250878 $670.94 800.00 ON CALL SERVICES FOR CIVIL ENGINEERING 4,800.00 ENGINEERING SERVICES FOR HVAC PROJECTS 5,400.00 ENGINEERING SERVICES FOR HVAC PROJECTS 18,188.41 ON CALL ELECTRICAL ENGINEERING SERVICES $29,188.41 Payments Made on 611712016 $383,176.31 16030103 250831 20160604 250856 20160605 250856 707791 250888 Printed on: 06/30/2016 City of South San Francisco Page 37 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/22/2016 VENDOR NAME Dept 00 NON EXPENSE ACCT QUINN ELLIS ROWENA MIER CHIZUKO RACE MELISSA SHAH ANNETTE VAGAUTA -TAAMU Payments Issued for NON EXPENSE ACCT Dept 01 CITY COUNCIL OFFICE DEPOT INC Payments Issued for CITY COUNCIL Dept 02 CITY CLERK CINTAS FIRSTAID & SAFETY CORODATA RECORDS MANAGEMENT IN DAILY JOURNAL CORPORATION OFFICE DEPOT INC STAPLES BUSINESS ADVANTAGE UCCELLI & ASSOCIATES Payments Issued for CITY CLERK Dept 03 CITY TREASURER CHANDLER ASSET MGMT, INC Payments Issued for CITY TREASURER Dept 05 CITY MANAGER ROSAACOSTA CINTAS FIRST AID & SAFETY JASMINE DEL CHIARO MIKE FUTRELL OFFICE DEPOT INC INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 38.00 CITATION DISMISSAL SS406749 250950 200.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN 902043 250994 300.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN 902044 250994 1,664.00 REIMBURSEMENT OF RES COMPLIANCE FEE PD I B15 -2151 251012 21.20 NO LONGER WANTS CREDIT IN CLASS SYSTEM 902054 251023 56.28 REFUND OF CREDIT IN CLASS SYSTEM - MOVED 902053 251023 200.00 REFUND OF DEPOSIT FOR USE OF ORANGE PARK 901957 251052 $2,479.48 12.99 OFFICE SUPPLIES 844428859001 844428859001 250997 $12.99 37.82 CITY HALL -FIRST AID CABINET SUPPLY 5005332930 250930 607.01 RECORD STORAGE RS2805868 250936 50.00 NOTICE OF PH FY 2016 -17 CIP B2891041 250942 97.00 NOTICE OF PH FY 2016 -17 SEWER SVC CHARGE B2890506 250942 106.00 NOTICE OF PH FY 2016 -17 STORMWATER MGMT B2890512 250942 28.86 OFFICE SUPPLIES 844428859001 844428859001 250997 322.80 OFFICE SUPPLIES 8039494064 251035 974.07 TRANSCRIPT OF PROCEEDING FOR HARBOR DIST 46109 251047 $2,223.56 5,554.00 MANAGEMENT FEE FOR PERIOD ENDING 05/31/2 20323 250927 $5,554.00 29.38 ICMA CONFERENCE - MILEAGE REIMBURSEMENT 6/3/16 250901 37.82 CITY HALL -FIRST AID CABINET SUPPLY 5005332930 250930 385.37 REIMB MILEAGE AND MEETINGS EXPENSES Nov15 -Aprl6 250944 158.29 BIO 2016 EVENT REIMBURSEMENT FOR MIKE FU 06/01/16- 06/10/16 250956 8.66 OFFICE SUPPLIES 844428859001 844428859001 250997 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 38 of 66 06/22/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Payments Issued for $619.52 Dept 06 FINANCE DEPARTMENT CINTAS FIRST AID & SAFETY 37.82 CITY HALL -FIRST AID CABINET SUPPLY 5005332930 250930 FEDEX 75.54 DELIVERY FEES 5- 452 -28104 250954 ABIGAIL GARCIA 25.00 RETURNED DEPOSIT FEE REFUND PR CHK #31949 250957 BRIANA GIKAS 25.00 RETURNED DEPOSIT FEE REFUND PR CHK #31951 PR CHK #31951 250959 JACLYN KRULJAC 12.00 RETURNED DEPOSIT FEE REFUND PR CHK #31956 250974 LIEBERT CASSIDY WHITMORE 14.00 SAN MATEO COUNTY EMPLOYMENT RELATIONS CO 6/9/16 WORKSHOP 250982 BRIAN MALIBIRAN 12.00 RETURNED DEPOSIT FEE REFUND PR CHK #31899 250985 OFFICE DEPOT INC 55.58 OFFICE SUPPLIES 845428448001 845428448001 250997 14.43 OFFICE SUPPLIES 844428859001 844428859001 250997 36.06 OFFICE SUPPLIES 844428859001 844428859001 250997 LAURA OROZCO 12.00 RETURNED DEPOSIT FEE REFUND PR CHECK #319 PR CHK #31962 250999 PATRICK MICHAEL VALERA 25.00 RETURNED DEPOSIT FEE REFUND PR CHECK 319 PR CHK #31935 251053 Payments Issued for FINANCE DEPARTMENT $344.43 Dept 07 NON - DEPARTMENTAL LESLIE ARROYO 13,006.42 BIO 2016 EXP. REIMBURSEMENT- LA 6/3/16- 6/9/16 250910 24.95 BIO 2016 /MEASURE W TOWN HALL EXP REIMBUR 6/8/16- 6/15/16 250910 35.76 BIO 2016 /MEASURE W TOWN HALL EXP REIMBUR 6/8/16- 6/15/16 250910 354.14 BIO 2016 EXP REIMBURSEMENT - LA 6/6/16 250910 COMCAST CABLE COMMUNICATION IN 80.90 INTERNET SERVICE /MODEM RENTAL 8155 20 044 0076067 250933 PACIFIC GAS & ELECTRIC COMPANY 181.99 GAS /ELECTRIC SERVICE 4836977850 -0 251000 27.80 GAS /ELECTRIC SERVICE 1944978060 -0 251000 14.75 GAS /ELECTRIC SERVICE 3569726530 -0 251000 72.95 GAS /ELECTRIC SERVICE 9473336735 -6 251000 335.76 GAS /ELECTRIC SERVICE 0625843278 -7 251000 1.76 GAS /ELECTRIC SERVICE 1034740411 -2 251000 1,988.95 GAS /ELECTRIC SERVICE 1809759572 -4 251000 8.66 GAS /ELECTRIC SERVICE 2859665236 -3 251000 6.31 GAS /ELECTRIC SERVICE 5053123842 -1 251000 9.86 GAS /ELECTRIC SERVICE 0455280904 -0 251000 68.36 GAS /ELECTRIC SERVICE 5446039888 -3 251000 215.49 GAS /ELECTRIC SERVICE 8767824245 -1 251000 PERFORMANCE BASED ERGONOMIC IN 450.00 ERGONOMIC PRESENTATIONS DURING WELLNESS 88031 -HF 251005 Printed on: 06/30/2016 City of South San Francisco Page 39 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/22/2016 VENDOR NAME Payments Issued for Dept 09 HUMAN RESOURCES CINTAS FIRST AID & SAFETY OFFICE DEPOT INC PREFERRED ALLIANCE, INC WISE CONSULTING ASSOCIATES INC INVOICE AMOUNT INVOICE DESCRIPTION $16,884.81 INVOICE # CHECK # 37.82 CITY HALL -FIRST AID CABINET SUPPLY 5005332930 250930 150.60 OFFICE SUPPLIES 843345136001 250997 28.86 OFFICE SUPPLIES 844428859001 844428859001 250997 313.28 MAY 2016 PRE EMPLOYMENT DRUG SCREEN & NO 0121833 -IN 251010 2,167.50 PROFESSIONAL SERVICES -HRIS PROJECT CONSU 25938 251059 1,922.33 PROFESSIONAL SERVICES -HRIS PROJECT CONSU 25593 251059 Payments Issued for HUMAN RESOURCES $4,620.39 Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT ART'S PENINSULA LOCKSMITH 54.50 314 MILLER - KEYS MADE 443573 250911 CINTAS FIRSTAID & SAFETY 37.84 CITY HALL -FIRST AID CABINET SUPPLY 5005332930 250930 CSG CONSULTANTS INC 3,871.25 MAY 2016 BLDG PLAN REVIEW SVCS B160386 250940 72,791.72 MAY 2016 BLDG PLAN REVIEW SVCS EXPEDITE B160387 250940 DAILY JOURNAL CORPORATION 174.40 PUBLIC HEARING ANNULAACTION PLAN NEWSPA B2857801 250942 ECONOMIC & PLANNING SYSTEMS IN 1,251.25 FY 15 -16 ECONOMIC PLANNING SYSTEMS -ECON 151161 -1 250949 9,880.00 MAY 1 - MAY 31 BILLING CONSULTING SERVIC 151161 -2 250949 KINGSTON MEDIA 8,500.00 VIDEO PRODUCTION - SSF BIOTECH CAPITAL O 1051 250972 ALLISON KNAPP WOLLAM 5,032.50 CONSULTING SVCS 5/9- 6/10/16 CENTENNIAL T 17 EFT MICHAEL LAPPEN 108.50 PARKING FOR 2016 BIO CONFERENCE & ASIA S May -June 2016 250978 75.00 PARKING FOR 2016 BIO CONFERENCE & ASIA S May -June 2016 250978 151.66 2016 BIO CONFERENCE PARKING /MILEAGE June 6 -9, 2016 250978 SAILESH MEHRA 154.60 OFFICE SUPPLIES June 10, 2016 250989 40.61 OFFICE SUPPLIES June 10, 2016 250989 MEYERS, NAVE, RIBACK 626.71 LEGAL SVCS REIMB MAY'16 405.1176 2016050104 EFT 1,725.00 LEGAL SVCS REIMB MAY'16 405.1092:180 EL 2016050100 EFT 85.00 LEGAL SVCS REIMB MAY'16 405.1200:435 GR 2016050108 EFT 600.50 LEGAL SVCS REIMB MAY'16 405.1223 2016050110 EFT 240.00 LEGAL SVCS REIMB MAY'16 405.1229 2016050113 EFT 570.00 LEGAL SVCS REIMB MAY'16 405.1235 2016050115 EFT 815.02 LEGAL SVCS REIMB MAY'16 405.1247: SARES 2016050116 EFT 1,773.00 LEGAL SVCS REIMB MAY'16 405.1253:1440 S 2016050120 EFT MIDPEN HOUSING CORPORATION 435.00 REIMBURSEMENT FOR THE MID MEN TOUR BUS 5 5/23/16 TOUR 250993 OFFICE DEPOT INC 28.86 OFFICE SUPPLIES 844428859001 844428859001 250997 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 40 of 66 06/22/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT TONY ROZZI 155.00 REIMBURSEMENT - MMANC RENEWAL T.ROZZI 6/15/16 TR 251016 SOUTH CITY LUMBER AND SUPPLY 837.14 MISC SUPPLIES - SAFETY KIT /HARD HATS /LEVEL 889486 251026 SSF CHAMBER OF COMMERCE 65.00 2 BOARD MEMBERS INSTALLATION - GREENWOOD /M 11230 251029 65.00 2 BOARD MEMBERS INSTALLATION - GREENWOOD /M 11230 251029 SSF SCAVENGER CO INC 1,165.05 DEBRI BOX 143 LONGFORD DRIVE AND 32 WILM 0000449110 251033 STAPLES BUSINESS ADVANTAGE 8.75 OFFICE SUPPLIES 3304018207/039494082 251035 35.58 OFFICE SUPPLIES 3304018206/039494082 251035 VORTEX INDUSTRIES, INC 2,570.89 INSTALLATION OF DOOR BUZZER AND DOOR BEL 45- 1006049 -1 251056 Payments Issued for ECONOMIC & COMMUNITY $113,925.33 DEVELOPMENTDEPT Dept 11 FIRE DEPARTMENT ARAMARK UNIFORM SERVICES 51.00 CONTRACTUAL SERVICES 757356295 250908 L N CURTIS & SONS 217.46 SUPPRESSION SUPPLIES INV18692 250976 LIFE - ASSIST INC 220.10 MEDICAL SUPPLIES 753556 250983 210.00 MEDICAL SUPPLIES 753263 250983 15.75 MEDICAL SUPPLIES 753263 250983 369.78 MEDICAL SUPPLIES 753819 250983 27.73 MEDICAL SUPPLIES 753819 250983 52.00 MEDICAL SUPPLIES 754538 250983 3.90 MEDICAL SUPPLIES 754538 250983 500.48 MEDICAL SUPPLIES 754325 250983 148.34 MEDICAL SUPPLIES 754325 250983 40.59 MEDICAL SUPPLIES 754876 250983 3.04 MEDICAL SUPPLIES 754876 250983 40.59 MEDICAL SUPPLIES 754881 250983 3.04 MEDICAL SUPPLIES 754881 250983 79.60 MEDICAL SUPPLIES 755147 250983 5.97 MEDICAL SUPPLIES 755147 250983 852.22 MEDICAL SUPPLIES 755149 250983 63.92 MEDICAL SUPPLIES 755149 250983 640.78 MEDICAL SUPPLIES 755156 250983 332.46 MEDICAL SUPPLIES 755156 250983 OFFICE DEPOT INC 77.59 OFFICE SUPPLIES 837381394001 250997 PENINSULA UNIFORMS & EQUIP INC 98.03 UNIFORMS 121904 251004 331.21 CERT UNIFORMS 122196 251004 Printed on: 06/30/2016 City of South San Francisco Page 41 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/22/2016 VENDOR NAME Dept 11 FIRE DEPARTMENT PORT SUPPLY SOUTH CITY LUMBER AND SUPPLY ZOLL MEDICAL CORPORATION Payments Issued for FIRE DEPARTMENT Dept 12 POLICE DEPARTMENT ARROWHEAD SCIENTIFIC INC LISA CLOSMORE COUNTY OF SAN MATEO DFS GREEN, INC INTERNAL MEDICINE ASSOCIATES IRON MOUNTAIN JOHNSON LEATHER CORP KSM PRINTING LANGUAGE LINE SERVICES LC ACTION POLICE SUPPLY LTD LEXISNEXIS MARTY MAHON OFFICE DEPOT INC PENINSULA UNIFORMS & EQUIP INC �� ■7iI�7�7� /� 7x.X INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 788.32 RESCUE BOAT PERSONAL PROTECTIVE 3037 251008 35.16 SUPPRESSION SUPPLIES 876490 251026 55.19 OPERATING SUPPLIES 2380723 251063 $5,264.25 1,115.55 EVIDENCE SUPPLIES 87737 250909 34.02 MILEAGE FOR TACTICAL DISPATCH COURSE 06/08/16 LC 250931 7,625.13 MESSAGE SWITCH /CLETS lYSS11605 250938 398.00 CARPET CLEANING SVCS FOR JULY 1, 2015 TO 24555 -9 250945 225.00 PROFESSIONALS SERVICES 99214 250965 289.44 DOCUMENT DESTRUCTION SERVICES 9663056332 250967 826.50 LEATHER JACKET FOR MOTOR OFFICER 89209 250968 95.37 5000 3X5 INDEX CARDS 25349 250975 47.05 TRANSLATION FOR JULY 1, 2015 TO JUNE 30, 3832440 250977 812.60 SHOTGUN ACCESSORIES 349482 250979 104.40 INVESTIGATIVE DATABASE 1605341407 250981 125.66 SUPERVISORY LEADERSHIP LODGING EXPENSES 06/02 - 06/04/16 MM 250984 59.09 DISPATCH SUPPLIES 842521763001 250997 800.00 BULLET PROOF VEST FOR M. SAUNDERS 119933 251004 104.59 BULLET PROOF VEST FOR M. SAUNDERS 119933 251004 463.22 BULLET PROOF VEST FOR I. DE LA CRUZ 120068 251004 463.23 BULLET PROOF VEST FOR I. DE LA CRUZ 120068 251004 85.00 CANINE FOOD - DEVAN 09/26/15- DEVAN 251006 192.87 CANINE FOOD - MAHON 12/15/15 MAHON 251006 173.27 CANINE FOOD - DABNEY 12/18/15 DABNEY 251006 92.62 CANINE FOOD - DEVAN 12/19/15 DEVAN 251006 196.17 CANINE FOOD - BAGGETTA 12/20/15 BAGGETTA 251006 130.79 CANINE FOOD - DABNEY 01/10/16 DABNEY 251006 203.78 CANINE FOOD - MAHON 01/19/16 MAHON 251006 92.62 CANINE FOOD - DEVAN 02/08/16 DEVAN 251006 255.03 CANINE FOOD - DABNEY 02/15/16 DABNEY 251006 196.17 CANINE FOOD - BAGGETTA 02/26/16 BAGGETTA 251006 173.27 CANINE FOOD - MILLER 03/14/16 MILLER 251006 183.09 CANINE FOOD DABNEY 04/01/16 DABNEY 251006 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 42 of 66 06/22/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 12 POLICE DEPARTMENT PET FOOD EXPRESS 87.18 CANINE FOOD - DEVAN 04/07/16 DEVAN 251006 218.17 CANINE FOOD - MAHON 04/10/16 MAHON 251006 196.17 CANINE FOOD - BAGGETTA 04/28/16 BAGGETTA 251006 90.44 CANINE FOOD - DEVAN 05/16/16 DEVAN 251006 READYREFRESH 78.46 WATER COOLER RENTAL 5/11/16- 06/10/16 16F5709746001 251014 SAN DIEGO POLICE EQUIP. CO.INC 35,510.46 AMMUNITION FOR POLICE STOCK 623267 251018 SAN MATEO MEDICAL CENTER 1,400.00 MEDICAL EXAMS 1209 251020 STAPLES BUSINESS ADVANTAGE 1,233.99 OFFICE SUPPLIES 8039493964 251035 78.53 OFFICE SUPPLIES 8039493964 251035 65.67 OFFICE SUPPLIES 8039493964 251035 462.39 OFFICE SUPPLIES 8039493964 251035 TELECOMMUNICATIONS ENG ASSOC 4,227.31 REPLACEMENT OF PD ANTENNAAT FIRE STATIO 44303 251039 TNCI 87.10 MODEM MONTHLY CHARGES - POLICE DUI TRAIL 89021465 251042 ANDREW TORGERSON 34.02 MILEAGE FOR TACTICAL DISPATCH COURSE 06/08/16- AT 251043 TURBO DATA SYSTEMS, INC. 4,987.83 MAY 2016 PARKING CITATION PROCESSING 24532 251045 HENRY VELEZ 153.62 UNIFORM ITEMS EXPENSES 05/15 - 05/31/16 HV 251054 VERIZON WIRELESS 1,429.41 DATA CARD SERVICES FOR LAPTOPS IN PATROL 9766248591 251055 Payments Issued for POLICE DEPARTMENT $65,904.28 Dept 13 PUBLIC WORKS ALL INDUSTRIAL ELECTRIC SUPPLY 76.36 ELECTRICAL SUPPLIES 5141536 250904 ALPHAANALYTICAL LABORATORIES 75.00 FY 2015 -2016 ANALYTICAL SERVICES 6062118- MD_SSF 250905 1,173.00 FY 2015 -2016 ANALYTICAL SERVICES 6062233- MD_SSF 250905 2,348.00 FY 2015 -2016 ANALYTICAL SERVICES 6061899- MD_SSF 250905 15.00 FY 2015 -2016 ANALYTICAL SERVICES 6061665- MD_SSF 250905 2,348.00 FY 2015 -2016 ANALYTICAL SERVICES 6061900- MD_SSF 250905 APG- NEUROS INC. 5,194.68 MAINTENANCE SUPPLIES- TURBO BLOWER SPARE 4900 250907 ARAMARK UNIFORM SERVICES 12.00 UNIFORMS FOR CORP YARD 757426521 250908 35.95 SHOP TOWELS FOR CORP YARD 757426522 250908 139.13 WEEKLY UNIFORM SERVICE 757309672 250908 187.10 WEEKLY UNIFORM SERVICE 757438110 250908 99.30 WEEKLY UNIFORM SERVICE 757438109 250908 113.15 UNIFORMS FOR CORP YARD 757438123 250908 75.43 UNIFORMS FOR CORP YARD 757438123 250908 SEGUNDO BAUTISTA 45.60 MEASURE W MEETING PARKING /MILEAGE REIMB 6/13/16 250912 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 43 of 66 06/22/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 13 PUBLIC WORKS COUNTY OF SAN MATEO 275.64 MOSQUITO ABATEMENT SERVICES AT WQCP SM -16 -00020 250939 CWEA SPECIALTY CONFERENCES 285.00 JOB POSTING FOR WQCP MECHANIC RECRUITMEN 218967 250941 DAN'S DRILLING & FENCING INC 695.00 SIDEWALK FENCE REPAIR (GRAND & AIRPORT) 608162 250943 DRD AUTOMOTIVE, INC. 62.22 PARTS FOR STATION GENERATOR SERVICING 102359 250946 62.22 MAINTENANCE SUPPLIES 102360 250946 43.62 MAINTEMANCE SUPPLIES 102496 250946 DUBLIN SAN RAMON SVCS DISTRICT 1,172.00 FY 2015- 2106 BIDDING PARTICIPATION FEE 1624 250947 DYSERT ENVIRONMENTAL INC 425.00 FY 2015 -2016 SAMPLING SERVICES 11074 250948 277.50 FY 2015 -2016 SAMPLING SERVICES 11073 250948 EVOQUA WATER TECHNOLOGIES LLC 601.69 FY 2015 -16 DEIONIZED WATER SYSTEM 902668211 250952 FEDEX 54.31 ACTIVE TRANSPORTATION PROGRAM APPLICATIO 5- 452 -28156 250954 FLYERS ENERGY LLC 477.13 FUEL FOR CORP YARD 16- 272582 250955 GRANITEROCK COMPANY 1,788.05 SIDEWALKS OPERATING SUPPLIES - ASPHALT 966783 250960 HOLLISTER POWERSPORTS 205.00 VEHICLE MAINTENANCE 173141 250963 K -119 OF CALIFORNIA 164.23 SIDEWALKS OPERATING SUPPLIES 65291 250969 69.77 SIDEWALKS OPERATING SUPPLIES 65297 250969 64.50 ELECTRICAL SUPPLIES 65383 250969 KAISER PERMANENTE - OHSS 558.90 JUNE 2016 PRE EMPLOYMENT PHYSICAL 320900248601 250970 KAMAN INDUSTRIAL TECHNOLOGIES 8.78 MAINTENANCE SUPPLIES 1 30332 250971 MARSH FENCE & DECK CO. 1,290.00 SIDEWALKS - FENCE WORK (301 CHAPMAN) 6/14/16 250986 MCMASTER -CARR SUPPLY CO 55.99 MAINTENANCE SUPPLIES RESTOCK 65535232 250988 357.38 MAINTENANCE SUPPLIES 65779642 250988 MESA LABORATORIES INC 156.18 LABORATORY SUPPLIES INV- 038705 250990 152.60 LABORATORY SUPPLIES INV- 032540 250990 MEYERS, NAVE, RIBACK 6.87 CITYATTY FEES MAY'16 405.99013 SUCCESSO 2016050119 EFT 6.88 CITYATTY FEES MAY'16 405.99013 SUCCESSO 2016050119 EFT 6.87 CITYATTY FEES MAY'16 405.99013 SUCCESSO 2016050119 EFT M -I -C, INC. 9,861.08 WASTE GAS BURNER REPLACEMENTAND SPARE P 2687 250992 MOBILE CALIBRATION SERVICES LL 211.50 SERVICE- GAS METER CALIBRATION 2164 250995 OFFICE DEPOT INC 59.52 OFFICE SUPPLIES 844769125001 250997 POLYDYNE INC 15,937.07 FY2015 -2016 POLYMER (CLARIFLOC) SUPPLY 1055139 251007 PRECISION CONCRETE CUTTING 1,597.83 SIDEWALKS - IMPROVEMENTS GRAND AVE 47581 251009 PREFERRED ALLIANCE, INC 61.00 MAY 2016 PRE EMPLOYMENT DRUG SCREEN & NO 0121833 -IN 251010 SAN MATEO LAWNMOWER INC. 24.29 GARAGE OPERATING SUPPLIES - VEH 773 159128 251019 18.03 SIDEWALKS - OPERATING SUPPLIES 159168 251019 Printed on: 06/30/2016 06/22/2016 VENDOR NAME Dept 13 PUBLIC WORKS SERRAMONTE FORD INC SHAPE INCORPORATED SNAP -ON TOOLS SOUTH CITY LUMBER AND SUPPLY TEREX SERVICES THATCHER COMPANY OF CALIFORNIA TRACTION - GENUINE PARTS CO. TURF & INDUSTRIAL EQUIPMENT CO UNIVAR USA INC W.W. GRAINGER INC. YOUR PARTY RENTAL COMPANY ZEP SALES & SERVICE Payments Issued for PUBLIC WORKS Dept 15 LIBRARY DEPARTMENT MARTA BOOKBINDER CALIFA GROUP CHICO BAG COMPANY READYREFRESH Payments Issued for LIBRARY DEPARTMENT City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # Page 44 of 66 CHECK # 17.59 GARAGE OPERATING SUPPLIES - VEH 16 538353 251022 46.91 GARAGE OPERATING SUPPLIES - VEH 16 538361 251022 2,087.07 OPERATING SUPPLIES- PUMP SPARE PARTS 121737 251024 2,087.07 OPERATING SUPPLIES- PUMP SPARE PARTS 121737 251024 111.96 GARAGE OPERATING SUPPLIES - VEH 144 06091614455 251025 32.84 CLEANING SUPPLIES 889513 251026 25.75 STREETLIGHTING OPERATING SUPPLIES 889596 251026 601.07 GARAGE SERVICE REPAIR - VEH 327 90361564 251040 568.57 GARAGE SERVICE REPAIR - VEH 305 90361559 251040 886.07 GARAGE SERVICE REPAIR - VEH 305 90361570 251040 905.00 GARAGE SERVICE REPAIR - VEH 301 90361209 251040 4,871.06 FERRIC CHLORIDE 240363 251041 58.77 GARAGE OPERATING SUPPLIES - STOCK PARTS 853114200 251044 107.71 GARAGE OPERATING SUPPLIES VEH 823 /STOCK 853114305 251044 14.02 GARAGE OPERATING SUPPLIES - STOCK PARTS 853113897 251044 102.91 GARAGE OPERATING SUPPLIES - 823 /STOCK IV16950 251046 536.30 GARAGE OPERATING SUPPLIES - 823 /STOCK IV16875 251046 4,583.63 FY 2015 -2016 SODIUM BISULFITE SJ752202 251050 2,223.10 FY 2015 -2016 SODIUM HYPOCHLORITE SJ752039 251050 640.92 STREETLIGHTING OPERATING SUPPLIES 9127807080 251057 1,770.28 MAINTENEANCE SUPPLIES 9136368751 251057 192.66 MAINTENANCE SUPPLIES 9141541723 251057 240.00 HEATER RENTAL FOR APG - NEUROS TURBO 46904 251061 1,180.00 TENT RENTAL FOR APG-NEUROS TURBO BLOWER 46800 251061 154.93 GARAGE SUPPLIES - STOCK /SHOP HAND CLEANE 9002288866 251062 $73,077.54 243.18 MILEAGE 07/07/15 - 06/02/16 250915 2,325.75 ANCESTRY.COM 8677 250924 4,200.00 PROMOTIONAL SUPPLIES FOR LIBRARY SO- 0000002737 250929 315.00 PROMOTIONAL SUPPLIES FOR LIBRARY SO- 0000002737 250929 39.47 WATER COOLER RENTAL / REFILL 161`5745298009 251014 $7,123.40 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 45 of 66 06/22/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 17 PARKS & RECREATION DEPARTMENT ANTIGUA COFFEE SHOP 350.00 MID MGMT. BREAKFAST - MAY 24TH, 2016 5/24/16 250906 ARAMARK UNIFORM SERVICES 139.84 PARKS DIVISION UNIFORMS 757426523 250908 BROADMOOR LUMBER & PLYWOOD CO 99.51 WESTBOROUGH MEDIAN 39028 250916 84.07 WESTBOROUGH MEDIAN RENOVATION 39076 250916 210.24 WESTBOROUGH MEDIAN RENOVATION 39069 250916 157.68 WESTBOROUGH MEDIAN RENOVATION 39065 250916 BRYCE CONSULTING 750.00 RECREATION /CHILDCARE & PROGRAM MANAGER C 2194 250917 CALIFORNIA DEPT OF SOCIAL SVCS 303.00 YEARLY LICENSING FEE FOR ADULT DAY CARE 410508733 250925 CHRISTOPHER CAPPA 225.00 PESTICIDE APPLICATOR TEST PREP SEMINAR R 6/9/16 250926 COMCAST CABLE COMMUNICATION IN 97.13 MONTHLY CABLE BILL FOR TERRABAY BLDG. 8155200440252494 250932 SERGIO CONTRERAS 225.00 PESTICIDE APPLICATORS TEST PREP SEMINAR 6/10/16 250935 DAN'S DRILLING & FENCING INC 365.00 GATE REPAIR @ ZAMORA PARK 613161 250943 EWING IRRIGATION PRODUCTS INC 2,251.91 PARKS IRRIGATION 1624956 250953 JOSEPH HUNZIKER 596.72 EMPLOYEE REIMB FOR HALLOWEEN EVENT SUPPL JH Reim b6 -20 -2016 250964 KAISER PERMANENTE - OHSS 557.80 JUNE 2016 PRE EMPLOYMENT PHYSICAL 320900248601 250970 PREFERRED ALLIANCE, INC 43.00 MAY 2016 PRE EMPLOYMENT DRUG SCREEN & NO 0121833 -IN 251010 SOUTH CITY LUMBER AND SUPPLY 13.64 INSTALL MSB BACKFLOW 889268 251026 60.73 PARKS MAINT. SUPPLIES 889362 251026 JOHN WONG 2,621.57 TOURNAMENT COORDINATION SERVICES JUN 2016 TOURNAMEN 251060 Payments Issued for PARKS & RECREATION $9,151.84 DEPARTMENT Dept 21 NON - DEPARTMENTAL CABLECOM LLC 500.00 ENCROACH DEPOSIT, 329 OYSTER PT. BLVD E14 -0264 250923 COTTON, SHIRES & ASSOC INC. 2,590.00 REVIEW OF GEOTECH ANALYSIS, 550 GATEWAY 58212 250937 R B ROOFING CO INC. 200.00 C & D DEPOSIT REFUND 2508 POMEROY B16 -0150 251011 WESTECH ROOFING 200.00 C & D DEPOSIT REFUND 154 N SPRUCE AVE. B15 -1959 251058 Payments Issued for NON - DEPARTMENTAL $3,490.00 Dept 27 NON - DEPARTMENTAL MARIE PATEA 110.99 IPP COMMITTEE DINNER 6/6/16 251002 Payments Issued for NON - DEPARTMENTAL $110.99 Dept 99 CIP BKF ENGINEERS 157.00 ON CALL SERVICES FOR CIVIL ENGINEERING 16060665 250913 BLAISDELL'S BUSINESS PRODUCTS 2,867.15 GRAND AVENUE LIBRARY FURNITURE -50% DEPOS 25614 -0 250914 Printed on: 06/30/2016 City of South San Francisco Page 46 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/22/2016 VENDOR NAME Dept 99 CIP BLAISDELL'S BUSINESS PRODUCTS CONSOLIDATED ENGINEERING LAB GROUP 4 ARCHITECTURE HARRIS & ASSOCIATES INC INTERSTATE GRADING & PAVING IN NATIONAL DATA & SURVEYING SVC RUSSELL SIGLER, INC CIVIL ENGINEERS SCHAAF & WHEELER CONSULTING SOUTHLAND CONSTRUCTION MGMT SSA LANDSCAPE ARCHITECTS, INC. SWA GROUP Payments Issued for CIP Payments Made on 6/22/2016 INVOICE AMOUNT INVOICE DESCRIPTION 3,504.70 GRAND AVENUE FURNITURE -50% DEPOSIT 420.00 INSPECTION SERVICES 1,007.51 ON -CALL ARCHITECTURE SERVICES 120.00 CONSTRUCTION MGMT, STANDBY GENERATOR 16,670.05 CONSTRUCTION, LOS CERRITOS SCHOOL W. ORA 5,556.68 CONSTRUCTION, LOS CERRITOS SCHOOL W. ORA 12,571.50 TRAFFIC DATA COLLECTION FOR E. OF 101 4,810.34 PURCHASE OF HVAC EQUIPMENT, GRAND AVE LI 2,663.50 ON -CALL WATER RESOURCES SERVICES 65,052.20 MINOR CONSTRUCTION, GRAND LIBRARY HVAC S 2,331.44 ON -CALL LANDSCAPE ARCHITECTURAL SERVICES 2,960.00 SITE ANALYSIS & MAPPING $120,692.07 $431,478.88 INVOICE # CHECK # 25023 -0 250914 130968 250934 9532 250961 31660 250962 4892 250966 4893 250966 16 -7337 250996 INV- BRS16002235 251017 27016 251021 3658 251027 5381 251028 166010 251037 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 47 of 66 06/24/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 00 NON EXPENSE ACCT ACCENT 500.33 REFUND TRANSPORT SVC PT OVERPAYMENT 02282015 251065 VIVIAN CABRERA 1,843.00 REFUND TRANSPORT SVC P OVERPAYMENT 11062015 251076 LORRAINE FOWLER 200.00 REFUND TRANSPORT SVC PT OVERPAYMENT 07292015 251095 EILEEN HANNA 115.98 REFUND TRANSPORT SVC PT OVERPAYMENT 12142015 251103 KAISER PERMANENTE 1,818.00 REFUND TRANSPORT SVC PT OVERPAYMENT 12182015 251108 1,838.00 REFUND TRANSPORT SVC PT OVERPAYMENT 12312015 251108 1,402.80 REFUND TRANSPORT SVC PT OVERPAYMENT 03162015 251108 BERTHA RODRIGUEZ 152.00 REFUND FOR CANCELLED PHOTOGRAPHY CLASS 901274 251127 CARMEN ROSA 200.00 REFUND TRANSPORT SVC PT OVERPAYMENT 12092015 251128 TAE YUN 114.96 REFUND TRANSPORT SVC PT OVERPAYMENT 12212015 251145 Payments Issued for NON EXPENSE ACCT $8,185.07 Dept 01 CITY COUNCIL MARK ADDIEGO 48.25 GAS FOR CITY CAR - MA EXP REIMBURSEMENT 6/9/16 251066 Payments Issued for CITY COUNCIL $48.25 Dept 02 CITY CLERK DAILY JOURNAL CORPORATION 106.00 NOTICE OF PH FY 2016 -17 STORMWATER MGMT B2891051 251088 Payments Issued for CITY CLERK $106.00 Dept 06 FINANCE DEPARTMENT CALVIN LIM 19.00 RETURNED DEPOSIT FEE REFUND PR CHK DATED PR CHK #31926 251111 Payments Issued for FINANCE DEPARTMENT $19.00 Dept 07 NON - DEPARTMENTAL CITY NATIONAL BANK 42,450.57 LEASE 10- 036 -02 -TWO AMBULANCES 10- 036 -02 05/15/2016 251081 3,117.57 LEASE 10- 036 -02 -TWO AMBULANCES 10- 036 -02 05/15/2016 251081 56,192.30 LEASE 10- 036 -03 TWO FIRE TRUCKS 10- 036 -03 05/15/16 251081 12,138.09 LEASE 10- 036 -03 TWO FIRE TRUCKS 10- 036 -03 05/15/16 251081 JOHN DEERE GOVT & NATL SALES 29,533.93 PURCHASE OF TERRAINCUT COMMERCIAL FRONT 115300862 251106 TRISTAR RISK MANAGEMENT 83,629.09 WORKERS' COMPENSATION LOSSES PAID MAY 20 98546 EFT Payments Issued for NON - DEPARTMENTAL $227,061.55 Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT ALEX GREENWOOD 289.14 2016 BIO CONFERENCE EXPENSES 6 -6 -16 - 6 -9 -16 251101 Printed on: 06/30/2016 City of South San Francisco Page 48 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/24/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Payments Issued for $289.14 Dept 11 FIRE DEPARTMENT BSAARCHITECTS 3,320.38 PRELIMINARY STUDY FOR EOC SECOND STORY 6505 251075 COMCAST CABLE COMMUNICATION IN 111.27 HIGH SPEED INTERNET - NS62 8155 20 044 0475715 251084 111.27 HIGH SPEED INTERNET - FS 65 8155 20 044 0475707 251084 111.27 HIGH SPEED INTERNET - FS 64 8155 20 044 0475723 251084 JUANA DABIS 31.96 UNIFORM EXPENSE 06/15/16 251087 GOVERNER'S OFC OF EMERGEN SVCS 800.00 STAFF DEVELOPMENT 0363 -15 251097 1,125.00 STAFF DEVELOPEMNT 0364 -15 251097 1,125.00 STAFF DEVELOPMENT 0365 -15 251097 1,125.00 STAFF DEVELOPMENT 0366 -15 251097 800.00 STAFF DEVELOPMENT 0371 -15 251097 1,125.00 STAFF DEVELOPMENT 0372 -15 251097 1,125.00 STAFF DEVELOPMENT 0373 -15 251097 1,125.00 STAFF DEVELOPMENT 0374 -15 251097 800.00 STAFF DEVELOPMENT 0367 -15 251097 1,125.00 STAFF DEVELOPMENT 0368 -15 251097 1,125.00 STAFF DEVELOPMENT 0369 -15 251097 1,125.00 STAFF DEVELOPMENT 0370 -15 251097 800.00 STAFF DEVELOPMENT 0375 -15 251097 1,125.00 STAFF DEVELOPMENT 0376 -15 251097 1,125.00 STAFF DEVELOPMENT 0377 -15 251097 1,125.00 STAFF DEVELOPMENT 0378 -15 251097 K -119 OF CALIFORNIA 433.58 SUPPRESSION OPERATING SUPPLIES 65303 251107 1,073.05 SUPPRESSION OPERATING SUPPLIES 65301 251107 179.93 SUPPRESSION EQUIPMENT 65302 251107 650.36 SUPPRESSION OPERATING SUPPLIES 65305 251107 LOWE'S CREDIT SERVICES 46.56 STATION 63 SUPPLIES 943648 251113 NOVATO FIRE PROTECTION DIST. 6,642.00 MONTHLY CHARGE 668 251119 OFFICE DEPOT INC 127.17 OFFICE SUPPLIES 843614319001 251121 SOUTH CITY LUMBER AND SUPPLY 915.38 SUPPRESSION SUPPLIES 889955 251134 22.58 SUPPRESSION SUPPLIES 889933 251134 144.15 SUPPRESSION SUPPLIES 889934 251134 646.67 SUPPRESSION SUPPLIES 889935 251134 Payments Issued for FIRE DEPARTMENT $31,267.58 Printed on: 06/30/2016 City of South San Francisco Page 49 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/24/2016 VENDOR NAME Dept 13 PUBLIC WORKS ARAMARK UNIFORM SERVICES B.T.C. -BATIS TRNG & CONSULTING PATRICK CAYLAO COMCAST CABLE COMMUNICATION IN CWEA - SANTA CLARA VALLEY SECT ECOLAB EQUIPTMENT CARE FLYERS ENERGY LLC GRAND AVENUE HARDWARE GRANITEROCK COMPANY HOWARD GRAY IPS GROUP, INC JDI ELECTRICAL SERVICES INC LEO TORIO OPTOMETRIC CORP PARKING COMPANY OF AMERICA READYREFRESH BRIAN SCHUMACKER SHAPE PRODUCTS UNIVAR USA INC JAVIER VASQUEZ INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 35.95 SHOP TOWELS FOR CORP YARD 757438126 251068 12.00 UNIFORMS FOR CORP YARD 757438125 251068 350.00 COLLECTION SYSTEM MAINT CERT GRADE IV TE 6/23/16 CLASS 251070 26.78 MILEAGE FOR CONSTRUCTION MGMT TRAINING 6/8- 6/9/16 251077 95.31 CABLE FOR CORP YARD 8155200440252502 251084 320.00 REGISTRATION FOR CWEATRENCHING & SHORIN 6/21/16 SEMINAR #39 251085 391.45 LAB -AUTO CLAVE REPAIR 94306896 251090 1,670.18 FUEL FOR FIRE STATION #61 16- 274263 251094 552.32 FUEL FOR FIRE STATION #64 16- 273595 251094 11,020.76 CITYWIDE CARD LOCK FUEL CFS1243410 251094 100.77 PARKS AND STREETS SUPPLIES 139272542 251098 212.21 SIDEWALKS OPERATING SUPPLIES - ASPHALT 968187 251099 140.10 STANDBY MILEAGE & TOLL REIMBURSEMENT - H 5/16- 6/12/16 251100 1,829.54 SMART METER ONGOING MONITORING AND CREDI 18533 251104 4,500.00 ELECTRICAL REPAIRS 2425 -CO -1 251105 186.00 SAFETY GLASSES FOR GREGORY JOHNSON 4/28/16 251110 15,769.49 SOUTH CITY SHUTTLE OPERATIONS FOR 5/1/16 INVM0009676 251122 22.11 BOTTLED WATER FOR CORP YARD 161`5729903004 251125 22.11 BOTTLED WATER FOR CORP YARD 161`5729903004 251125 195.00 REIMBURSEMENT FOR ELECTRONIC SERVICE /REC 6/7/16- 6/9/16 251130 88.15 REIMBURSEMENT FOR ELECTRONIC SERVICE /REC 6/7/16- 6/9/16 251130 451.21 LABORATORY CHEMICAL SUPPLY REPLENISHMENT 4005116 251131 2,238.92 FY 2015 -2016 SODIUM HYPOCHLORITE SJ752962 251139 4,553.81 FY 2015 -2016 SODIUM BISULFITE SJ752952 251139 47.91 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 39.83 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 25.00 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 14.40 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 45.33 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 19.00 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 26.79 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 37.61 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 16.15 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 40.69 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 5.24 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 Printed on: 06/30/2016 City of South San Francisco Page 50 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/24/2016 VENDOR NAME Dept 13 PUBLIC WORKS JAVIER VASQUEZ NELSON YUK Payments Issued for PUBLIC WORKS Dept 15 LIBRARY DEPARTMENT KARLA BOURDON OFFICE DEPOT INC U S BANK CORP PAYMENT SYSTEM INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 11.20 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 46.68 PETTY CASH REPLENISHMENT 04/11/16- 6/21/16 251141 80.00 REIMBURSEMENT FOR CWEA SEMINAR 6/21/16 251144 $45,240.00 249.63 REIMBURSEMENTS - TRAININGS, MILEAGE, OPE 01/12 - 06/17/2016 251073 17.68 REIMBURSEMENTS - TRAININGS, MILEAGE, OPE 01/12 - 06/17/2016 251073 16.71 REIMBURSEMENTS - TRAININGS, MILEAGE, OPE 01/12 - 06/17/2016 251073 16.71 REIMBURSEMENTS - TRAININGS, MILEAGE, OPE 01/12 - 06/17/2016 251073 4.88 READING CIRCLES OPERATING SUPPLIES 6/9/16- 6/16/16 251073 776.98 READING CIRCLES OPERATING SUPPLIES 6/9/16- 6/16/16 251073 72.15 CLLS CONFERENCE - MEALS/ TAXI REIMBURSEM 6/9/16- 6/11/16 251073 26.40 CLLS CONFERENCE - MEALS/ TAXI REIMBURSEM 6/9/16- 6/11/16 251073 262.60 OFFICE SUPPLIES 844870184001 251120 124.25 AP - HWC SUPPLIES, PE EQUIPMENT cc326571 251137 10.95 NC- SUMMER READING CC326583 251137 626.90 ABS- OPERATING SUPPLIES CC326585 251137 148.19 ABS- OPERATING SUPPLIES CC326585 251137 72.24 ABS- SUMMER LEARNING SUPPLIES CC326587 251137 756.00 ABS- ERGONOMIC WORKSTATION CC326589 251137 51.97 ABS- SCIENCE CLUB CC326592 251137 689.09 ABS- SUMMER PROGRAM SUPPLIES CC326595 251137 305.19 ABS- JUV SUPPLIES CC326598 251137 140.58 ABS- OPERATING SUPPLIES CC326601 251137 16.38 ABS- JUV CRAFTS CC326604 251137 280.99 ABS- CRAFT MATERIALS CC326606 251137 44.47 ABS- OPERATING SUPPLIES CC326607 251137 637.46 ABS- PRINTER REPAIR CC326610 251137 22.95 KB - POSTAGE cc327107 251137 47.97 KB - BOOKS, PROGRAM SUPPLIES cc327136 251137 35.86 KB - BOOKS, PROGRAM SUPPLIES cc327136 251137 267.10 KB - CLC TOTE BAGS cc327204 251137 Payments Issued for LIBRARY DEPARTMENT $5,722,28 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 51 of 66 06/24/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 16 INFORMATION TECHNOLOGY DEPARTMENT ROBERT CEBALLOS 56.99 REIMBURSEMENT - MONTHLY INTERNET - R.CEB 6/6/16 251078 ECS IMAGING INC 5,000.00 ADD'L LASERFICHE LICENSES - CITYWIDE 11550 251091 2,800.00 ADD'L LASERFICHE LICENSES - CITYWIDE 11550 251091 QUILL CORPORATION 176.18 OPERATING SUPPLIES - ITD 6713634 251124 TEKSYSTEMS INC. 566.40 TEMP ATAFF - KEVIN FARNE - IT NW01337580 251135 1,920.00 TEMP - MICHAEL BARNES - IT NW01376759 251135 DANIEL WOLDEMICHAEL 154.98 MILEAGE REIMBURSEMENT - D. WOLDEMICHAEL 5/2- 5/31/16 251143 Payments Issued for INFORMATION $10,674.55 TECHNOLOGY DEPARTMENT Dept 17 PARKS & RECREATION DEPARTMENT A+ LIVESCAN SERVICES 297.00 FINGERPRINTING FEES FOR A. GARCIA, B. TR 1541 251064 99.00 FINGERPRINTING FEES FOR CHILDCARE STAFF 1529 251064 198.00 FINGERPRINTING FEES FOR CHILDCARE STAFF 1508 251064 ALDRAN CHEMICAL INC 1,123.25 CLEANING SUPPLIES FOR OMP POOL 161449 251067 979.97 OMP POOL CLEANING SUPPLIES 161546 251067 ARAMARK UNIFORM SERVICES 34.75 FACILITIES UNIFORMS 757414779 251068 137.84 PARKS DIVISION UNIFORMS 757438127 251068 B &B CUSTOM DESIGNS 487.00 SUMMER CAMP STAFF - SWEATPANTS 15639 251069 97.02 JR. LIFEGUARD SHIRTS 15560 251069 MICHAEL BOROVINA 510.62 EMPLOYEE REIMB. FOR MOVIE NIGHT SUPPLIES 6/13/16- 6/16/16 251071 BROADMOOR LUMBER & PLYWOOD CO 210.24 PARKS SUPPLIES 39086 251074 157.68 PARKS SUPPLIES 39082 251074 210.24 PARKS MAINTENANCE 39088 251074 157.68 WESTBOROUGH MEDIAN RENOVATION 39090 251074 105.12 WESTBOROUGH MEDIAN RENOVATION 39083 251074 157.68 WESTBOROUGH MEDIAN RENOVATION 39087 251074 210.24 WESTBOROUGH MEDIAN 39123 251074 210.24 WESTBOROUGH MEDIAN 39110 251074 367.92 WESTBOROUGH MEDIAN 39120 251074 210.24 WESTBOROUGH MEDIAN 39104 251074 157.68 WESTBOROUGH MEDIAN RENOVATION 39114 251074 157.68 WESTBOROUGH MEDIAN RENOVATION 39109 251074 CINTAS CORPORATION LOC 464 162.70 OMP POOL MAINTENANCE SUPPLIES 464598452 251079 198.67 ORANGE PARK POOL MAINTENANCE SUPPLIES 464604145 251079 CITY MECHANICAL INC 612.50 BACKFLOW @ MSB 30152 251080 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 52 of 66 06/24/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 17 PARKS & RECREATION DEPARTMENT CITY MECHANICAL INC 578.93 OMP POOL BOILER 30129 251080 COIT SERVICES INC. 375.00 CLEANING @ CLC BAY -C- 001050916 251082 COLE SUPPLY COMPANY, INC. 2,202.69 CUSTODIAL SUPPLIES 110962 251083 626.09 CUSTODIAL SUPPLIES 108721 251083 44.63 CUSTODIAL SUPPLIES 104375 -5 251083 CYO TRANSPORATION SERVICE 779.00 TRANSPORTATION FOR SUMMER AND FULL OF FU 30020 251086 DEA SECURITY SYSTEMS CO INC 474.00 SECURITY SENSORS & TRANSMITTER @ FERNEKE C06320164 251089 EWING IRRIGATION PRODUCTS INC 8,709.15 PARKS IRRIGATION 1671842 251092 FASTENAL COMPANY 7.06 PARKS MAINT SUPPLIES CAS1024699 251093 GRAND AVENUE HARDWARE 176.94 PARKS AND STREETS SUPPLIES 139272542 251098 JOHN HALE 105.00 EMPLOYEE REIMB FOR RED CROSS CERTIFICATI 6/16/16 251102 KSM PRINTING 369.56 MOVIE NIGHT FLYERS 25337 251109 LINCOLN EQUIPMENT INC 790.21 CHLORINE FOR OMP POOL S1288377 251112 LOWE'S CREDIT SERVICES 31.39 FS 63 MAINT SUPPLIES 917765 251113 812.89 MAGNOLIA CENTER SUPPLIES 988828 251113 776.83 DISHWASHER FOR MAGNOLIA CENTER 918172 251113 7.75 MAINT. SUPPLIES 902834 251113 55.06 SUMMER CAMP ACTIVITY SUPPLIES 909528 251113 MAD SCIENCE OF THE BAY AREA 400.00 EVENT ENTERTAINMENT - HALLOWEEN EXTRAVAG 18867 251114 READYREFRESH 22.11 BOTTLED WATER FOR CORP YARD 16F5729903004 251125 22.10 BOTTLED WATER FOR CORP YARD 16F5729903004 251125 RED WING BRANDS OF AMERICAN IN 228.35 SAFETY SHOES - J SHEA 6/2/16 1154/000000002 -006 251126 SAN MATEO LAWNMOWER INC. 112.30 PARKS MAINT. SUPPLIES 159395 251129 SMART & FINAL STORES LLC 183.56 PONDEROSAAFTER SCHOOL SNACK SUPPLIES 177930 251132 343.20 AFTERSCHOOL SNACKS FOR ALL SITES 193487 251132 68.92 SNACKS FOR SCIENCE CAMP 198001 251132 245.03 SNACKS FOR SUMMER CAMP SITES 198580 251132 SONOMA MEDIA INVESTMENTS LLC 1,012.50 PRINTING FEE FOR SUMMER LEISURE GUIDE 20 10851736 251133 SOUTH CITY LUMBER AND SUPPLY 60.29 PARKS MAINTEANCE SUPPLIES 881088 251134 31.22 PARKS MAINTENANCE SUPPLIES 881448 251134 4.89 PARKS MAINTENANCE SUPPLIES 881252 251134 110.12 PARKS MAINTENANCE 880399 251134 UNITED LABORATORIES 1,960.49 OMP POOL CLEANING SUPPLIES INV156317 251138 Payments Issued for PARKS & RECREATION $28,978,22 DEPARTMENT Printed on: 06/30/2016 City of South San Francisco Page 53 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/24/2016 VENDOR NAME Dept 27 NON - DEPARTMENTAL B &B CUSTOM DESIGNS KARLA BOURDON SUE MILLER U S BANK CORP PAYMENT SYSTEM SAVANNAH VALADEZ Payments Issued for NON - DEPARTMENTAL Dept 99 CIP BORTOLUSSI & WATKIN, INC MARK THOMAS & CO. INC. PLEASANTON ENGINEERING CONTRS Payments Issued for CIP INVOICE AMOUNT INVOICE DESCRIPTION 1,788.90 SUMMER CAMP STAFF - SWEATPANTS 191.34 REIMBURSEMENTS - TRAININGS, MILEAGE, OPE 822.43 EMPLOYEE REIMB FOR KARATE TOURNAMENT SUP 21.25 KB - STAFF APPRECIATION 4.99 KB - STAFF APPRECIATION 23.00 KB- STAFF APPRECIATION 34.44 KB - BOOKS, PROGRAM SUPPLIES 22.12 KB - BOOKS, PROGRAM SUPPLIES 1,000.00 COMMUNITY OUTREACH SCHOLARSHIP $3,908.47 75,002.50 CONSTRUCTION, GATEWAY ASSESSMENT IMPROVE 916.75 SO. AIRPORT BLVD. BRIDGE @ NO. ACCESS RD 7,075.83 SO. AIRPORT BLVD. BRIDGE @ NO. ACCESS RD 75,525.00 CONSTRUCTION, POLICE BLDG ENTRANCE RAMP $158,520.08 Payments Made on 612412016 $520,020.19 INVOICE # CHECK # 15639 251069 01/12-06/17/2016 251073 4/20/16- 6/13/16 251118 cc327106 251137 cc327111 251137 cc327115 251137 cc327136 251137 cc327136 251137 SPRING2016 251140 01 251072 25783 251116 25783 251116 1 251123 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 CC327452 Page 54 of 66 06/29/2016 DM- SUPPLIES FOR MEETING CC327453 251261 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 00 NON EXPENSE ACCT DM- MEETING SUPPLIES CC327456 251261 ELSIE ALFONSO 200.00 REFUND OF $200.00 DEPOSIT FOR USE OF ORA 902866 251149 ALICE MONICA CHENG 30.00 FINES & FEES REFUND / BARCODE 3904808939 976967 251166 SERAFIN CHRISTINE 200.00 REFUND OF DEPOSIT FOR USE OF WEST. PARK 833883 251168 JACQUELINE FERNANDEZ 200.00 REFUND OF DEPOSIT FOR USE OF ORANGE PAR 902870 251189 XOCHILT GONZALEZ 166.00 REFUND OF DEPOSIT FOR USE OF WEST.PARK S 902873 251194 3.54 34.00 REFUND OF DEPOSIT FOR USE OF WEST. PARK 902872 251194 KARI JUNG 378.00 REFUND FOR CANCELLED AQUATICS CLASSES 902288 251203 CARIN LOCKWOOD 13.00 CITATION DISMISSAL 41000463 251213 DMITRY MAIZEL 63.00 DISSMISSAL OF CITATION SS406296 251217 ROY PALMER 110.00 REFUND OVERCHARGED FOR POLICE SECURITY 901198 251228 YOLID TORRES 6.00 FINES & FEES REFUND /BARCODE #390480875483 04/06/15 251258 ANIYAH VARGAS 13.00 FINES & FEES REFUND / BARCODE 3904804170 224046 251265 Payments Issued for NON EXPENSE ACCT $1,413.00 Dept 01 CITY COUNCIL SMC /SVC CONVENTION & VISITORS 95.00 MARKADDIEGO -2016 PENINSULA SPORTS HALL 06082016 251246 U S BANK CORP PAYMENT SYSTEM 27.36 RG- OFFICE SUPPLIES CC327548 251261 2,240.08 RA- 2016 SISTER CITIES DINNER; ATOTONILC CC327572 251261 Payments Issued for CITY COUNCIL $2,362.44 Dept 05 CITY MANAGER U S BANK CORP PAYMENT SYSTEM 5.73 DM- OPERATING SUPPLIES CC327452 251261 4.22 DM- SUPPLIES FOR MEETING CC327453 251261 14.95 DM- MEETING SUPPLIES CC327455 251261 25.21 DM- MEETING SUPPLIES CC327456 251261 15.00 JS- MTC WORKSHOP CC327460 251261 9.30 JS- BAY AREA BIOTECH FORUM CC327461 251261 133.58 CMF- OFFICE SUPPLIES CC327550 251261 35.40 CMF- 15FIVE CC327551 251261 332.71 CMF- BUSINESS OF LOCAL ENERGY CONFERENCE CC327552 251261 3.54 CMF- MEETING CC327553 251261 4.50 CMF- PARKING FOR MEETING CC327555 251261 12.95 LA- GRAPHIC DESIGN CC327557 251261 115.00 LA- COMMUNITY/ BUSINESS OUTREACH CC327561 251261 118.00 LA- SPROUT SOCIAL CC327563 251261 Printed on: 06/30/2016 City of South San Francisco Page 55 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/29/2016 VENDOR NAME Dept 05 CITY MANAGER U S BANK CORP PAYMENT SYSTEM Payments Issued for CITY MANAGER Dept 06 FINANCE DEPARTMENT STATE OF CALIFORNIA Payments Issued for FINANCE DEPARTMENT Dept 07 NON - DEPARTMENTAL AT &T AT &T CALIFORNIA WATER SERVICE CO Ai!Ia1190 8 3:1011:19109zi!xi1F146 -1�y PACIFIC GAS & ELECTRIC COMPANY PACIFIC GAS & ELECTRIC COMPANY UTILITY TELEPHONE, INC Payments Issued for NON - DEPARTMENTAL Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT ANCHOR QEA, LLC COUNTY OF SAN MATEO INVOICE AMOUNT INVOICE DESCRIPTION 1,300.00 LA- BIOTECH 2016 220.00 LA- BIOTECH 2016 (25.49) RA- AMAZON RETURN (39.39) RA- CREDIT RETURN $2,285.21 INVOICE # CHECK # CC327566 251261 CC327567 251261 CC327570 251261 CC327571 251261 100.00 PROCESSING FEE - LISTING OF DOCUMENTS 06/30/2016 251252 $100.00 428.35 AT &T MONTHLY PHONE LINES SERVICE 000008181018 251155 23.88 AT &T MONTHLY PHONE LINES SERVICE 000008181019 251155 66.55 AT &T MONTHLY PHONE LINES SERVICE 000008181027 251155 52.26 AT &T MONTHLY PHONE LINES SERVICE 000008199484 251155 44.40 AT &T MONTHLY PHONE LINES SERVICE 000008199579 251155 16.17 AT &T MONTHLY PHONE LINES SERVICE 000008207172 251155 135.13 AT &T MONTHLY SERVICE STATEMENT 000008179648 251156 205.70 AT &T MONTHLY SERVICE STATEMENT 000008179710 251156 489.38 AT &T MONTHLY SERVICE STATEMENT 000008179755 251156 434.07 AT &T MONTHLY SERVICE STATEMENT 000008179800 251156 656.50 CAL WATER MONTHLY SERVICE STATEMENT 05/1 4635141659 251162 122.13 CAL WATER MONTHLY SERVICE STATEMENT 05/1 0982104814 251162 69,317.83 SECOND QTR 2016 MEDICARE REBATE FOR RETI 0013948 -IN EFT 930.00 SECOND QTR 2016 MEDICARE REBATE FOR RETI 0013948 -IN EFT 1,877.67 PG &E MONTHLY SERVICE INVOICE 5561797483 -1 251226 48.12 PG &E MONTHLY SERVICE STATEMENT 05/18/16 8955325440 -3 251226 96.85 PG &E MONTHLY SERVICE STATEMENT 05/18/16 8996992104 -1 251226 88,115.52 ELECTRIC SERVICE -WQCP 5908002015 -5 251227 151.93 LD PHONE CHARGES 126848 251264 $163,212.44 1,533.50 SUBMITTAL OF THE FINAL DRAFT MARKET STUD 47374 251152 50.00 COUNTY FILING FEES P16 -0032 251175 Printed on: 06/30/2016 City of South San Francisco Page 56 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/29/2016 VENDOR NAME Dept 10 ECONOMIC & COMMUNITY DEVELOPMENT DEPT COUNTY OF SAN MATEO ALLISON KNAPP WOLLAM MEYERS, NAVE, RIBACK RANEY PLANNING & MANAGEMENT U S BANK CORP PAYMENT SYSTEM 199:7_\101[« Payments Issued for ECONOMIC & COMMUNITY DEVELOPMENTDEPT Dept 11 FIRE DEPARTMENT BOB JR'S TOWING INC CHRIS CAMPAGNA FEDEX DEVIN FLANNERY GYM DOCTORS INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 50.00 COUNTY FILING FEES P16 -0036 251175 50.00 COUNTY FILING FEES P16 -0033 251175 50.00 COUNTY FILING FEES P16 -0030 251175 5,500.00 P15-0070:550 GATEWAY HOTEL CEQAANALYSI 4 EFT 4,581.25 150 AIRPORT BLVD - GENERAL SERVICES AWK 1 EFT 770.00 LEGAL SERVICES - REVIEW METRO HOTEL AGMT 2016050111 EFT 1,327.54 1440 SAN MATEO AVE IS /MND 1602E -3 251232 3.50 SM - PARKING CC327549 251261 9.00 SM - PARKING FOR MEETING CC327556 251261 2,202.19 LA- BIO 2016 (ECD) CC327558 251261 600.00 LA- SSF BIOTECH 2016 11/17 POSTER DESIGN CC327559 251261 55.75 SM - LUNCH AT BIO CC327560 251261 2,050.00 LA- DISPLAYS FOR 2016 BIOTECH BOOTH CC327562 251261 1.95 SM - PARKING FOR MTG CC327564 251261 23.97 SM - BIO BBQ CC327565 251261 158.68 SM - BIO BBQ CC327568 251261 235.77 ED -2016 BIO CONFERENCE TRAINING cc327576 251261 1,000.00 PP -MULTI FUNCTION JUMP STARTER & MOBILE CC327600 251261 33.29 PP -MULTI FUNCTION JUMP STARTER & MOBILE CC327600 251261 636.00 PC- PROJECT MANAGEMENT WORKSHOP- DAY,KINAH CC327601 251261 7.25 PC GG BRIDGE TOLL CAR #138 - 05/13/16 CC327602 251261 874.50 ED -BUS TOUR FOR THE 2016 BIO CONFERENCE- cc327628 251261 105.88 ED -BUS TOUR FOR 2016 BIO CONFERENCE 3RD cc327630 251261 724.80 CITY OF SSF ENVIRONMENTAL ON -CALL WRA 24219 -26747 251277 1,258.75 CITY OF SSF ENVIRONMENTAL ON- CALL -WRA- 24219 -26748 251277 $23,893.57 65.00 OPERATING SUPPLIES 26307 251159 582.00 OPERATING SUPPLIES 052516 251164 29.21 POSTAGE 5- 452 -28084 251188 698.45 EDUCATIONAL REIMBURSEMENT - EMPLOYEE FLA 06022016 251190 90.00 MAINTENANCE 00076341 251195 90.00 MAINTENANCE 00076341 251195 90.00 MAINTENANCE 00076341 251195 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 57 of 66 06/29/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 11 FIRE DEPARTMENT GYM DOCTORS 90.00 MAINTENANCE 00076341 251195 K -119 OF CALIFORNIA 1,379.66 OPERATING SUPPLIES 64933 251204 L N CURTIS & SONS 1,486.24 SAFETY CLOTHING INV31664 251210 U S BANK CORP PAYMENT SYSTEM 50.00 DATA MANAGEMENT SERVICE cc327603 251261 18.00 COUNTY FILING FEES cc327604 251261 85.00 ANNUAL MEMBERSHIP cc327619 251261 49.13 RW -FUEL cc327730 251261 630.58 CC- OPERATING SUPPLIES GARMIN GPS MAP REC cc327732 251261 630.58 CC- OPERATING SUPPLIES GARMIN GPS MAP REC cc327732 251261 84.64 CC- OPERATING SUPPLIES TRAINING PUBLICATI cc327735 251261 103.73 KA- OPERATING SUPPLIES PUBLICATION cc327736 251261 25.00 KA- FASTRAK SERVICE cc327738 251261 45.00 KA- OPERATING SUPPLIES WEB LICENSES DISAS cc327752 251261 1,700.00 BS- STAFF DEVELOPMENT cc327801 251261 85.50 JB - SATELITE SERVICE cc327803 251261 394.24 JM- UNIFORMS cc327805 251261 659.45 JM - OPERATING SUPPLIES cc327813 251261 3,060.58 AG- RECUITMENT BC TESTING HOLIDAY INN cc327869 251261 VERIZON WIRELESS 190.10 DATA CHARGES 9767160921 251266 836.44 DATA CHARGES 9767160921 251266 608.32 DATA CHARGES 9767160921 251266 342.18 DATA CHARGES 9767160921 251266 76.04 DATA CHARGES 9767160921 251266 38.54 DATA CHARGES 9767160921 251266 WELLS FARGO BANK, NA 756.04 EMS LOCK BOX AND BANK ACCOUNT Apri12016 251273 566.58 EMS LOCK BOX AND BANK ACCOUNT May2016 251273 Payments Issued for FIRE DEPARTMENT $15,636.23 Dept 12 POLICE DEPARTMENT ACTION TOWING AND ROAD SERVICE 225.00 EVIDENCE TOW 41460 251147 COVANTA STANISLAUS INC 200.38 DESTRUCTION OF CONTROLLED SUBSTANCES 051146STANI 251178 DFS GREEN, INC 398.00 CARPET CLEANING SVCS FOR JULY 1, 2015 TO 24555 -10 251182 235.00 CARPET CLEANING SVCS FOR JULY 1, 2015 TO 24573 -3 251182 KSM PRINTING 2,039.44 5000 COURTESY NOTICE OF VIOLATIONS STICK 25341 251208 METRO MOBILE COMMUNICATIONS 597.06 RADIO MICROPHONES (6) 38243 251220 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 58 of 66 06/29/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 12 POLICE DEPARTMENT OFFICE DEPOT INC 190.30 OFFICE SUPPLIES FOR DISPATCH 846079016001 251225 ADAM PLANK 189.63 REIMB.TEAM BUILDING WORKSHOP EXPENSES 10/26 - 10/28/15 251230 SAN MATEO MEDICAL CENTER 1,400.00 MEDICAL EXAMS 1226 251240 TELECOMMUNICATIONS ENG ASSOC 299.75 SRIMS HARDWARE FOR STAFF CONF ROOM 44309 251254 U S BANK CORP PAYMENT SYSTEM 105.00 AP - CNOA CLASS ON 6/7/16 3 ATTENDEES CC327916 251261 135.00 JA - TRAVEL EXPENSES TO DC FOR OFCR RECO cc327927 251261 25.00 JA - TRAVEL EXPENSES TO DC FOR OFCR RECO cc327927 251261 25.00 JA - TRAVEL EXPENSES TO DC FOR OFCR RECO cc327927 251261 8.99 JA - TRAVEL EXPENSES TO DC FOR OFCR RECO cc327927 251261 651.29 JA- LODGING EXPENSE IN DC cc327929 251261 279.10 MS - PROMOTIONAL SUPPLIES COMM. SVCS cc327942 251261 UNITED SITE SERVICES OF CA 388.20 EXPLORERS CAR SHOW - PORTABLE RESTROOM 114 - 4111391 251263 KEITH WALL 249.33 SONY VIDEO CAMERA REPLACEMENT 06/13/2016 KW 251270 WAVEDIVISION HOLDINGS, LLC 76.11 CABLE INTERNET SERVICES 8136 35 051 0095333 251272 Payments Issued for POLICE DEPARTMENT $7,717.58 Dept 13 PUBLIC WORKS ALPHAANALYTICAL LABORATORIES 173.00 FY 2015 -2016 ANALYTICAL SERVICES 6062504- MD_SSF 251150 DAVID BLUMEL 18.22 SUPPLIES FOR SEWER REPAIRS 03/03/15 251158 C H BULL CO 1,334.31 OPERATING SUPPLIES 2193197 251160 CITY AUTO SUPPLY 99.78 GARAGE OPERATING SUPPLIES - VEH 119 3- 324842 251171 59.18 GARAGE OPERATING SUPPLIES - VEH 119 3- 324796 251171 32.98 GARAGE OPERATING SUPPLIES - VEH 299 3- 324696 251171 158.87 GARAGE OPERATING SUPPLIES - VEH 134 3- 324063 251171 COUNTY OF SAN MATEO 18.00 RECORDING FEES: KK, LLC 721 AIRPORT BLVD APN 012 - 146 -140 251176 COUNTY OF SAN MATEO 737.00 HAZ MAT STORAGE FEES FOR CORP YARD 277006 251177 DEPT OF TOXIC SUBSTANCE CTRL 185.52 FORMER BASAPCO SITE - JANUARY 2016 - MAR 15SM3213 251181 DRD AUTOMOTIVE, INC. 87.25 MAINTEMANCE SUPPLIES 102495 251184 DYSERT ENVIRONMENTAL INC 277.50 FY 2015 -2016 SAMPLING SERVICES 11109 251185 380.00 FY 2015 -2016 SAMPLING SERVICES 11110 251185 380.00 FY 2015 -2016 SAMPLING SERVICES 11111 251185 EXPROLINK 120.60 GARAGE OPERATING SUPPLIES - VEH 625 /STOC 33749 251187 18.50 GARAGE OPERATING SUPPLIES - VEH 625 /STOC 33749 251187 FRY'S ELECTRONICS 725.18 COMPUTER SUPPLIES 22872929 251191 K -119 OF CALIFORNIA 203.59 MAINTENANCE SUPPLIES 65420 251204 Printed on: 06/30/2016 City of South San Francisco Page 59 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/29/2016 VENDOR NAME Dept 13 PUBLIC WORKS LAW ENFORCEMENT SYTEMS, LLC LOWE'S CREDIT SERVICES M J BORG LOCKSMITHS MEYERS, NAVE, RIBACK PHENOVA, INC. SERRAMONTE FORD INC SHAPE INCORPORATED SHAPE PRODUCTS SOUTH CITY LUMBER AND SUPPLY SPARTAN MOTOR CHASSIS, INC. STEWART CHEVROLET I9 :7_ 4a9NPQe1ARR11011:@91 VA &K4191 TURF & INDUSTRIAL EQUIPMENT CO U S BANK CORP PAYMENT SYSTEM INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 74.00 FASTRAK TOLL PAYMENT FOR ENGINEERING T711628176277 251211 145.09 SIDEWALKS OPERATING SUPPLIES 902734 251215 32.95 SIDEWALKS OPERATING SUPPLIES 902702 251215 788.10 PADLOCKS RESTOCK 28300 251216 68.50 PUMP STATION SECURITY 28303 251216 1,281.00 CITYATTY FEES MAY'16 405 -236 SOLID WAST 2016050101 EFT 1,205.50 CITYATTY FEES MAY'16 405.237 STORM WATE 2016050102 EFT 292.00 CITYATTY FEES MAY'16 405 -238 SEWER GENE 2016050103 EFT 3,055.50 CITYATTY FEES MAY 2016 405.254 2016050117 EFT 486.06 LAB SUPPLIES 123470 251229 752.42 GARAGE OPERATING SUPPLIES - VEH 23 539113 251242 1,949.10 OPERATING SUPPLIES- PUMP SPARE PARTS 121790 251244 1,426.52 LABORATORY SUPPLY CHEMICAL REPLENISHMENT 4005170 251245 128.46 TRAFFIC MARKINGS OPERATING SUPPLIES 882966 251248 242.71 SIGNS - OPERATING SUPPLIES 883090 251248 20.98 MAINTENANCE SUPPLIES 890705 251248 143.81 GARAGE OPERATING SUPPLIES - VEH 506 IN00653804 251249 17.53 GARAGE OPERATING SUPPLIES - VEH 506 IN00653804 251249 191.56 GARAGE OPERATING SUPPLIES - VEH 27 91895 251253 30.21 GARAGE OPERATING SUPPLIES - VEH 247 /STOC 91775 251253 18.07 GARAGE OPERATING SUPPLIES - STOCK PARTS 853114535 251259 338.26 GARAGE OPERATING SUPPLIES - VEH 506 /STOC 853114416 251259 22.57 GARAGE OPERATING SUPPLIES - STOCK PARTS 853114430 251259 43.68 GARAGE OPERATING SUPPLIES - VEH 823 /STOC IV16997 251260 135.00 DB CC PURCHASE - MONTHLY DATA SERVICE FO CC327783 251261 102.78 DB CC PURCHASE - MRP PERMIT COMPLIANCE L CC327808 251261 1,615.95 DB CC PURCHASE - U.S. FLAGS FOR DOWNTOWN CC327810 251261 100.00 DB CC PURCHASE - U.S. FLAGS FOR DOWNTOWN CC327810 251261 37.97 DB CC PURCHASE - FOOD FOR PW STAFF MEETI CC327811 251261 646.81 DB CC PURCHASE - NATL NOTARY ASSOC MEMBE CC327812 251261 50.00 JL CC PURCHASE -APWA LUNCH ON 5/26/16 CC327873 251261 31.67 JL CC PURCHASE - OFFICE SUPPLIES FOR COR CC327876 251261 61.14 JL CC PURCHASE - PARKING STUDY STAFF LUN CC327878 251261 80.00 JL CC PURCHASE - REGISTRATION FOR 2016 S CC327880 251261 50.00 JL CC PURCHASE - REGISTRATION TO MUNICIP CC327882 251261 Printed on: 06/30/2016 City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 Page 60 of 66 06/29/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 13 PUBLIC WORKS U S BANK CORP PAYMENT SYSTEM 80.00 JL CC PURCHASE - REGISTRATION FOR 2016 S CC327884 251261 VWR INTERNATIONAL LLC 20.60 LAB SUPPLIES 8045263448 251267 297.96 LAB SUPPLIES 8045263449 251267 382.89 LAB SUPPLIES 8045311563 251267 1,802.48 LAB SUPPLIES 8045324722 251267 W.W. GRAINGER INC. 994.05 VALVE SUPPIES 9147771548 251268 W.W. GRAINGER INC. 18.16 GARAGE OPERATING SUPPLIES - STOCK PARTS 9135620178 251269 108.01 MAINTENANCE SUPPLIES 9145977774 251269 WATTCO 170.38 GARAGE OPERATING SUPPLIES - VEH 509 45827 251271 291.74 GARAGE OPERATING SUPPLIES 45318 -1 251271 (291.74) GARAGE OPERATING SUPPLIES - CREDIT MEMO 45904 251271 WINGFOOT COMMERCIAL TIRE SYSTM 2,737.03 GARAGE OPERATING SUPPLIES - VEH 103 /STOC 184 - 1075555 251276 235.92 GARAGE OPERATING SUPPLIES - VEH 516 184 - 1075380 251276 550.79 GARAGE OPERATING SUPPLIES - VEH 516 184 - 1075380 251276 Payments Issued for PUBLIC WORKS $28,073.65 Dept 15 LIBRARY DEPARTMENT AMERICAN LIBRARY ASSOCIATION 40.00 BANNED BOOKS WEEK BUTTONS 0073640483 251151 ART'S PENINSULA LOCKSMITH 32.70 KEYS 443724 251154 CALIFA GROUP 345.00 DEEP FREEZE RENEWALS 11735 251161 GE MONEY BANK /AMAZON 31.17 BOOKS /AV 0010 3871 251193 12.45 BOOKS /AV 00103871 251193 114.81 BOOKS /AV 00103871 251193 30.80 BOOKS /AV 00103871 251193 38.31 BOOKS /AV 00103871 251193 69.56 BOOKS /AV 00103871 251193 12.31 BOOKS /AV 00103871 251193 17.52 BOOKS /AV 00103871 251193 JANWAY COMPANY USA INC 69.00 JANWAY SUPPLIES- SOFT EAR BUDS 122455 251201 11.91 JANWAY SUPPLIES- SOFT EAR BUDS 122455 251201 KELSO COMMUNICATIONS 787.09 KELSO COMMUNICATIONS- GRAND AVE 12016092 251205 LIBRARY STORE INC, THE 42.52 HYVEK HINGE TAPE 203587 251212 MASE GROUP LLC 291.55 DVD LABELING SERVICE 00196 251218 MIDWEST TAPE 43.59 A/V 93978537 251223 26.15 A/V 93998365 251223 Printed on: 06/30/2016 City of South San Francisco Page 61 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/29/2016 VENDOR NAME Dept 15 LIBRARY DEPARTMENT MIDWEST TAPE INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 25.06 A/V 93998367 251223 100.22 A/V 93998368 251223 58.83 A/V 93998369 251223 144.91 A/V 93998380 251223 65.38 A/V 93998381 251223 34.87 A/V 93998382 251223 16.34 A/V 93998383 251223 141.64 A/V 93998384 251223 275.66 A/V 93998385 251223 176.51 A/V 93998386 251223 65.36 A/V 93998387 251223 65.38 A/V 93998388 251223 54.48 A/V 93999989 251223 25.06 A/V 94020468 251223 54.48 A/V 94021221 251223 43.59 A/V 94023421 251223 52.31 A/V 94023423 251223 65.38 A/V 94023424 251223 32.68 A/V 94023425 251223 43.59 A/V 94023426 251223 61.02 A/V 94023427 251223 51.43 A/V 94023428 251223 91.51 A/V 94023429 251223 34.86 A/V 94023430 251223 76.45 A/V 94023431 251223 96.75 A/V 94023432 251223 26.14 A/V 94023451 251223 50.11 A/V 94036649 251223 32.68 A/V 94042221 251223 32.68 A/V 94042222 251223 117.67 A/V 94042223 251223 154.29 A/V 94042224 251223 184.56 A/V 94042225 251223 172.15 A/V 94042226 251223 160.78 A/V 94042227 251223 Printed on: 06/30/2016 City of South San Francisco Page 62 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/29/2016 VENDOR NAME Dept 15 LIBRARY DEPARTMENT MIDWEST TAPE OFFICE DEPOT INC RECORDED BOOKS, INC. INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 191.76 A/V 94042228 251223 175.39 A/V 94042229 251223 176.08 A/V 94042232 251223 50.11 A/V 94062596 251223 95.89 A/V 94062598 251223 50.11 A/V 94062599 251223 117.66 A/V 94062770 251223 58.84 A/V 94062771 251223 50.11 A/V 94062772 251223 52.30 A/V 94062773 251223 30.51 A/V 94062774 251223 21.79 A/V 94062775 251223 138.77 A/V 94062776 251223 226.64 A/V 94062777 251223 163.87 A/V 94062778 251223 50.11 AV 94067445 251223 75.17 AV 94067446 251223 274.36 OFFICE SUPPLIES 844780657001 251225 38.15 A/V 75338869 251234 43.59 A/V 75339551 251234 32.70 A/V 75341014 251234 81.73 A/V 75342199 251234 38.14 A/V 75343413 251234 43.59 A/V 75344291 251234 121.65 A/V 75340887 251234 121.65 A/V 75340968 251234 43.59 A/V 75349841 251234 49.05 A/V 75350006 251234 43.60 A/V 75350914 251234 49.05 A/V 75352030 251234 49.04 A/V 75352134 251234 43.59 A/V 75352638 251234 38.14 A/V 75352628 251234 32.69 AV 75354737 251234 43.59 AV 75355321 251234 Printed on: 06/30/2016 City of South San Francisco Page 63 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/29/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 15 LIBRARY DEPARTMENT RECORDED BOOKS, INC. 43.60 AV 75355951 251234 65.39 AV 75356117 251234 THE GALE GROUP, INC 31.27 BOOKS 58059486 251256 25.02 BOOKS 58111871 251256 TOMO BOOKS USA 149.88 BOOKS - GRAND AVE 784 251257 460.22 DVD - GRAND AVE 785 251257 522.98 DVD - GRAND 782 251257 146.61 BOOKS - GRAND AVE 783 251257 Payments Issued for LIBRARY DEPARTMENT $9,259.23 Dept 17 PARKS & RECREATION DEPARTMENT OLIVER ABRAMSON 57.46 REIMBURSEMENT FOR OMP POOL SUPPLIES - OA 12/09/15 251146 30.41 REIMB FOR OMP POOL MAINTENANCE SUPPLIES 5/30/16,6/18/16 251146 ARAMARK UNIFORM SERVICES 37.80 FACILITIES DIVISION UNIFORMS 757438124 251153 57.30 FACILITIES UNIFORMS 757426520 251153 CINTAS FIRST AID & SAFETY 297.60 FIRST AID SUPPLIES @ CORP YARD 5005231014 251169 CITY & COUNTY OF SAN FRANCISCO 1,362.02 RE TAX REIMBURSEMENT - (ELKWOOD) 1924B 15605 251170 CLEARLITE TROPHIES 134.68 RIBBONS & AWARDS FOR ART SHOW 78245 251173 COLE SUPPLY COMPANY, INC. 487.00 CUSTODIAL SUPPLIES 111466 251174 89.78 CUSTODIAL SUPPLIES 110962 -1 251174 158.60 CUSTODIAL SUPPLIES 110962A 251174 1,716.73 CUSTODIAL SUPPLIES 112229 251174 KELLI JO CULLINAN 500.00 CASH ADVANCE FOR SUMMER CAMP SUPPLIES AN 6 -28 -16 Cash Advance 251179 HOUSE OF COLOR SSF 144.26 PAINT FOR COMMUNICATIONS KITCHEN 92231 251197 39.14 PAINT FOR FS 62 92220 251197 62.13 PAINT FOR PD 92289 251197 JOHN ISBERG 35.50 REIMB.TEEN CAMPACTIVITIES 06/26 - 08/04/15 251200 JOHNSTONE SUPPLY 116.49 MAINT. SUPPLIES 110- S100350987.002 251202 TOMMY SEUNG NAM KIM 280.00 INSTRUCTOR FEES FOR SUMMER GOLF LESSONS 6 -25 -2016 251206 LOWE'S CREDIT SERVICES 20.79 MAGNOLIA CENTER POWER CORD 923996 251215 5.16 PARKS MAINT. SUPPLIES 901736 251215 446.87 MAINT SUPPLIES FOR MSB 915610 251215 37.41 OMP POOL LADIES SHOWER ROOM 902822 251215 43.32 MAINT SUPPLIES 902712 251215 QUICKSCORES LLC 132.00 LEAGUE SCHEDULING FOR MEN'S SOFTBALL LEA 160840 251231 Printed on: 06/30/2016 City of South San Francisco Page 64 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/29/2016 VENDOR NAME Dept 17 PARKS & RECREATION DEPARTMENT READYREFRESH SOUTH CITY LUMBER AND SUPPLY SPORTS CHOICE STANDARD PLUMBING SUPPLY CO TERMINIX U S BANK CORP PAYMENT SYSTEM INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # 49.43 MONTHLY BOTTLED WATER SERVICE 06F0030587026 251233 (11.83) MAINTENANCE SUPPLIES FOR POOL 882356 251248 95.00 WINDOW HANDLE AT MAGNOLIA SENIOR CENTER 890556 251248 70.56 WINDOW HANDLE AT MAGNOLIA SENIOR CENTER 890556 251248 73.87 PARKS MAINT SUPPLIES 890608 251248 10.58 MAINT SUPPLIES FOR FS 63 888827 251248 21.78 MAINT. SUPPLIES FOR FS 62 889358 251248 5.25 MAINT. SUPPLIES 888803 251248 2.30 MAINT. SUPPLIES FOR MSB OUTSIDE LIGHT 889597 251248 6.21 MAINT. SUPPLIES FOR FS 62 889499 251248 18.82 WB KITCHEN 889783 251248 10.15 MAINT SUPPLIES 889818 251248 21.83 MAINTENANCE SUPPLIES FOR PD 890019 251248 13.10 MAINT. SUPPLIES FOR PD 890029 251248 1.41 GRAND LIBRARY LIGHT SUPPLIES 890163 251248 205.58 MSB TRIMMS 890344 251248 8.35 TERRABAY GYM BLEACHER 890276 251248 7.54 MAINT SUPPLIES FOR LIBRARY 890249 251248 42.90 MSB MAINT SUPPLIES 890504 251248 16.39 MAINT SUPPLIES 890549 251248 43.55 MAINT SUPPLIES FOR MSB 890355 251248 70.06 BURI BURI PARK SUPPLIES 890491 251248 35.03 BURI BURI PARK SUPPLIES 890497 251248 291.30 RENTAL STAFF GREEN CAPS 4445 251250 334.28 MAINT. SUPPLIES FOR CLC FLQH23 251251 36.73 MAINT. SUPPLIES FOR SHOP FLQH73 251251 (253.20) MAINT. SUPPLIES FOR SHOP - RETURN FLRJ75 251251 713.00 PEST CONTROL @ CITY BUILDINGS 355413633 251255 100.00 GM - TASK MGMT. SOFTWARE MTHLY BILLING CC327583 251261 195.00 GM - MONTHLY EMAIL SERVICE CC327584 251261 60.67 GM - SPECIAL EVENTS AD CC327585 251261 59.95 GM - MSB MEASURE W TOWN HALL MTG. STAFF CC327586 251261 509.78 GM - MSB MEASURE W TOWN HALL - STAFF MEE CC327588 251261 185.40 GM - RED CROSS TRAINING MATERIALS CC327591 251261 254.50 GM - BALLS FOR TENNIS CLASSES CC327593 251261 Printed on: 06/30/2016 City of South San Francisco Page 65 of 66 Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 06/29/2016 VENDOR NAME INVOICE AMOUNT INVOICE DESCRIPTION INVOICE # CHECK # Dept 17 PARKS & RECREATION DEPARTMENT U S BANK CORP PAYMENT SYSTEM 54.20 MM - RESPIRATOR REPLACMENT FITLER CC327689 251261 120.44 MM - RENTAL MAINTENANCE SUPPLIES CC327690 251261 31.66 JL CC PURCHASE - OFFICE SUPPLIES FOR COR CC327876 251261 UNITED LABORATORIES 1,166.12 MAINTENANCE SUPPLIES INV157702 251262 W.W. GRAINGER INC. 48.22 MAINT. SUPPLIES 9140075319 251269 WEST COAST PRODUCTS 1,139.87 CUSTODIAL SUPPLIES 850267 251274 WESTERN EXTERMINATOR CO 226.00 PEST CONTROL @ MSB 4172839 251275 105.00 PEST CONTROL @ CLC 4168442 251275 Payments Issued for PARKS & RECREATION $12,489.23 DEPARTMENT Dept 21 NON - DEPARTMENTAL CITY OF BURLINGAME 12,816.80 BID ASSESSMENTS PASS THROUGH 2ND QTR /YEAR 2016 251172 DISCOUNT PLUMBING 500.00 ENCROACH DEPOSIT, 111 MITCHELLAVE. E16 -0280 251183 LOPEZ ROOFING 200.00 C & D DEPOSIT REFUND 628 HEMLOCK B15 -1364 251214 ROOTER HERO 9 INC. 400.00 ENCROACH DEPOSIT, 272 SEQUOIAAVE E16 -0277 251236 S C PLUMBING 500.00 ENCROACH DEPOSIT, 246 DUNDEE DR. E16 -0317 251237 SEWER RAT 500.00 ENCROACH PERMIT, 264 GARDENSIDE AVE E15 -0425 251243 SMELLY MEL'S PLUMBING INC 500.00 ENCROACH DEPOSIT, 136 S. MAGNOLIAAVE E15 -0540 251247 Payments Issued for NON - DEPARTMENTAL $15,416.80 Dept 27 NON - DEPARTMENTAL MCGRAW -HILL EDUCATION, INC. 498.35 PROJECT READ LEARNER BOOKS 92244773001 251219 SAFEWAY INC 20.22 REFRESHMENTS - LEARNING WHEELS, HOMEWORK 125129 251238 39.48 REFRESHMENTS - LEARNING WHEELS, HOMEWORK 125129 251238 13.95 REFRESHMENTS - LEARNING WHEELS, HOMEWORK 125129 251238 52.70 REFRESHMENTS - LEARNING WHEELS, HOMEWORK 125129 251238 22.88 REFRESHMENTS - LEARNING WHEELS, HOMEWORK 125129 251238 28.33 REFRESHMENTS - LEARNING WHEELS, HOMEWORK 125129 251238 12.34 REFRESHMENTS - LEARNING WHEELS, HOMEWORK 125129 251238 SCHOLASTIC CORPORATION 515.77 BOOKS - LEARNING WHEELS 13327737 251241 U S BANK CORP PAYMENT SYSTEM 59.20 COMMUNITY OUTREACH EXPENSES cc327623 251261 Payments Issued for NON - DEPARTMENTAL $1,263.22 Dept 99 CIP CALTROP CORPORATION 12,778.30 ON -CALL CONSTRUCTION MGMT & INSPECTION S 244466 251163 Printed on: 06/30/2016 06/29/2016 VENDOR NAME Dept 99 CIP CALTROP CORPORATION RHAA City of South San Francisco Payment Listing for City Council Review Payments Issued between 6/9/2016 and 6/29/2016 INVOICE AMOUNT INVOICE DESCRIPTION 1,647.25 ON -CALL CONSTRUCTION MGMT & INSPECTION S 817.30 CONSTRUCTION MANAGEMENT SERVICES FOR LOS 441.34 CONSTRUCTION MANAGEMENT SERVICES FOR LOS 6,688.13 ON CALL LANDSCAPE ARCHITECTURE SVCS 876.87 ON CALL LANDSCAPE ARCHITECTURE SVCS Payments Issued for CIP $23,249.19 Payments Made on 6/29/2016 $306,371.79 Total CITY PAYMENTS $3,285,081.89 INVOICE # 244466 245000 245067 0020420 0020420 Page 66 of 66 CHECK # 251163 251163 251163 251235 251235 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -444 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Motion Agenda Number: 12. Report regarding Motion to accept the Installation of Turbo Blower #2 Project at the Water Quality Control Plant as complete in accordance with the plans and specifications (Total construction cost $363,712). (Sam Bautista, Principal Engineer) ..label RECOMMENDATION It is recommended that the City Council, by motion, accept the Installation of Turbo Blower #2 Project at the Water Quality Control Plant (Project No. ss1501) as complete in accordance with the plans and specifications (Total construction cost $363,712). BACKGROUND /DISCUSSION The new turbo blower replaced an existing, non- efficient blower at the Water Quality Control Plant. The project installed the new turbo blower, which included modifying electrical connections, mechanical /HVAC ducting, and structural foundations. The turbo blower adds air into the wastewater stream which is required to sustain the treatment process. This project was highly specialized and was awarded to Blocka Construction, Inc., of Fremont, California on July 8, 2015. The total cost incurred to date for the project is summarized as follows: Projected Actual Blocka Construction, Inc. Contract $344,800 $344,800 Contingency (15 %) $ 51,720 $ 18,912 Engineering Administration (10 %) $ 34,480 $ 18,214 Total Project Budget $431,000 $381,926 FUNDING Funding for this project was included in the City of South San Francisco's 2014 -2015 Capital Improvement Program (CIP /ss1501), and sufficient funds were available in the project budget to cover all costs. CONCLUSION Staff recommends acceptance of the project as complete. Upon acceptance, a notice of City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -444 completion will be filed with the County of San Mateo Recorder's Office. At the end of the 30 day lien period, the retention funds will be released to the contractor after it provides the City with a one -year guaranty bond. City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -560 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Staff Report Agenda Number: 13. Report regarding required response to the San Mateo County Civil Grand Jury Report "Body Cameras -The Reel Truth ". (Jeff,4=gpardi, Police Chief) ..label RECOMMENDATION It is recommended that the City Council, by motion approve the response letter to the San Mateo County Civil Grand Jury in response to their report "Body Cameras -The Reel Truth ", and authorize the City Manager to send the letter on behalf of the City. BACKGROUND /DISCUSSION On May 24, 2016, the San Mateo County Civil Grand Jury released a report entitled "Body Cameras -The Reel Truth" (Attachment A). The reports states that 16 independent police departments and the Sheriff's Office provide local law enforcement in San Mateo County and 11 of the 16 do not use body -worn cameras. The report states that after interviewing over 25 law enforcement commanders, line officers, police union representatives, and other interested parties, the Grand Jury concluded that there are several excellent reasons for law enforcement to employ body -worn cameras. The report provides a summary of the Grand Jury's investigation regarding body -worn cameras. This includes the advantages and disadvantages of employing a body -worn camera system. Based on this investigation, the Grand Jury concluded that body -worn cameras would be advantageous to San Mateo County law enforcement as well as individuals they encounter. The report found that: • Costs are containable; • Hardware, software, and storage options are available to accommodate individual agency requirements; • Operational policies are available and easily modifiable to meet specific agency requirements; • Training is minimal; • Patrol staff is able to rapidly accept body -worn cameras; and • The behavior of both citizens and police officers improves when their actions are being recorded on video. The report includes five findings and four recommendations. The report directs each affected agency to submit a response to the findings and pertinent recommendations by no later than City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -560 August 22, 2016. Staff has reviewed the findings and recommendations and has prepared a draft response letter (Attachment B). In general, the response letter indicates that the City agrees with all the findings, and will implement the following two recommendations: • Develop an appropriate body -worn camera implementation plan and advise the public of their plan by November 30, 2016; and • Implement a body -worn camera system as soon as practicable but, in any event, no later than October 31, 2017. FUNDING The project cost estimate is $75,000. Based on project cost refinements and eligibility of grant sources for the project, staff will return to City Council seeking budget amendment at a future meeting. CONCLUSION Staff recommends that the City Council, by motion approve the attached letter to the San Mateo County Civil Grand Jury in response to their report "Body Cameras -The Reel Truth ", and authorize the City Manager to sign the letter. Attachments: 1. Grand Jury Report 2. Draft Response Letter City of South San Francisco Page 2 Printed on 7/26/2016 bat "'ef `4 �►als�� BODY CAMERAS —THE REEL TRUTH Issue I Summary I Background I Discussion I Findings I Recommendations Requests for Responses I Methodology I Bibliography I Appendixes I Responses ISSUE What is the status of local law enforcement's use of officer body -worn cameras? SUMMARY Recent officer - involved shootings around the country, including the 2014 shooting in Menlo Park,1 have focused public attention on the use of body -worn cameras by law enforcement agencies. The 2015 -2016 San Mateo County Civil Grand Jury investigated the use of body -worn cameras by local law enforcement and discovered the following: • Sixteen independent police departments and the Sheriffs Office provide local law enforcement in San Mateo County. The Grand Jury surveyed all of these agencies regarding use of body -worn cameras. • Five police departments are currently using body -worn cameras. • The Grand Jury interviewed representatives from the Sheriffs Office and five of the 11 police departments not using body -worn cameras. All six of these agencies have considered or are considering the use of body -worn cameras. • Among those agencies that have not currently deployed body -worn cameras, the Grand Jury discovered common concerns regarding the cost, policy development (including civil rights concerns), impact of future camera technology, and unknown future legal mandates. • Each local law enforcement agency utilizing body -worn cameras weighed these concerns. Some found innovative cost - reduction strategies and all developed policies and practices for their use. After reviewing the literature on the advantages and disadvantages of police use of body - worn cameras and conducting over 25 interviews with local law enforcement commanders, line officers, police union representatives, and other interested parties, the Grand Jury has concluded that there are several excellent reasons for law enforcement to employ body -worn cameras. The costs associated with the acquisition and operation of body -worn cameras have decreased over the past several years, making this technology much more affordable. Standardized policies for use have been developed by professional police organizations. These guidelines have been modified and adopted by the local police departments using body -worn cameras. These existing policies may well serve as templates for other local law enforcement agencies. 1 CBS SF Bay Area, Menlo Park Police Shoot, Kill Armed Burglary Suspect; Officer Injured during Foot Chase, November 11, 2014. http:// sanfrancisco .cbslocal.com /2014/11/11 /menlo- park - police- shoot - officer - injured - during- foot- chase /. 2015 -2016 San Mateo County Civil Grand Jury After weighing the advantages and disadvantages of body -worn cameras, the Grand Jury recommends that: • All law enforcement agencies in San Mateo County adopt body -worn cameras. • The Board of Police Commissioners of the Broadmoor Police Protection District and the city councils of those communities that have not adopted body -worn cameras review use with their respective chief of police to determine an appropriate body -worn camera implementation plan and advise the public of their plan by November 30, 2016. • All law enforcement agencies in the County implement body -worn camera systems with the assistance of city /county administration by October 31, 2017. BACKGROUND According to the American Civil Liberties Union (ACLU), "the August 2014 shooting of Michael Brown in Ferguson, Missouri, and the subsequent protests and civil unrest focused new public attention on the problem of alleged police violence —and on the possibility that body - worn cameras might be part of the solution. 112 The above incident, as well as other recent officer - involved shootings in the news, has created a lack of confidence in law enforcement by some of the public. The perception that law enforcement is not accountable to citizens for its actions is a dangerous development and is troublesome for police professionals and concerned citizens alike. The existence and media replays of bystander videos and police car dashboard and body -worn cameras have contributed to a heightened awareness regarding the use of force by members of law enforcement. Through interviews of local law enforcement, the Grand Jury learned of incidents where the use of video evidence by law enforcement was of significant assistance in determining whether allegations of excessive use of force or improper behavior by police officers were valid. In such cases, video evidence may be beneficial, but in addition, it can also be valuable in cases where complaints against a police officer for being rude or unprofessional need to be resolved. In one example, a city police chief recounted to the Grand Jury a story of a young man's father calling to complain about the treatment his son received from a police officer when issuing a traffic citation. When invited in to review the video, both father and son saw that the officer acted appropriately. The Grand Jury's investigation further revealed that this is not an isolated case. Several law enforcement officials interviewed by the Grand Jury recounted situations where filmed encounters with police officers reviewed with complainants resulted in formal complaints being withdrawn or not pursued in addition to rare cases that resulted in officers being disciplined.3 2 Jay Stanley, Police Body- Mounted Cameras: With Right Policies in Place, a Win for All v.2, American Civil Liberties Union, March 2015. https: / /www.aclu.org /police- body- mounted - cameras - right - policies - place- win -all. 3 Local law enforcement: multiple interviews by the Grand Jury. 2015 -2016 San Mateo County Civil Grand Jury 2 According to a 2012 nationwide survey conducted by Taser,4 a majority of police officers believe that there is a need for body -worn cameras.5 The survey included 785 federal, state, and local law enforcement professionals. According to Doug Wyllie, PoliceOne Editor in Chief, "perhaps the most important single piece of data was that more than 85% of respondents believe that body -worn cameras reduce false claims of police misconduct, and reduce the likelihood of litigation against the agency. 116 A surprising statistic in the survey relates to the perceived effectiveness of body -worn cameras versus in -car systems, with 77% of officers saying they think the body -worn solution is more effective.7 A 2015 study conducted by the University of South Florida with the Orlando Police Department reported that "most officers felt that their agency should adopt body -worn cameras for all front -line officers and reported that they would feel comfortable wearing a body -worn camera.8 A commonly cited indicator of body cameras' potential to reduce instances of officer - civilian conflict is the "Rialto Study." In Rialto, a small city outside of Los Angeles, the police department outfitted all 70 of their uniformed officers with body -worn cameras, theorizing that use of the cameras would reduce complaints and lawsuits, and accordingly also reduce expensive litigation costs, as well as settlements and payouts.9 The introduction of body -worn cameras in Rialto as standard equipment in 2012 led to an 88% reduction in public complaints against officers, and a 60% decline in officers' use of force. This dramatic reduction in the use of force indicates that body -worn cameras may have had a moderating effect on officers' behavior, as the presence of a camera appeared to drastically lower the frequency with which officers "resorted to the use of physical force — including the use of OC spray ('pepper spray'), batons, Tasers, firearms, or canine bites." 10 Showing citizen interactions from the officer's perspective to the community at large has resulted in a reduced rate of public complaints.11 Based on its investigation, including its 4 Taser is a manufacturer of body -worn cameras and related law enforcement equipment. See https://www.taser.com/. 5 Doug Wyllie, Survey: Police Officers Want Body -Worn Cameras, October 23, 2012. PoliceOne. http: / /www.policeone .com/police - products/body- cameras /articles/ 6017774- Survey - Police - officers- want - body -worn- cameras/. 6 Ibid. 7 Ibid. 8 Evaluating the Impact of Police Officer Body -Worn Cameras (BWCs): The Orlando Police Department (OPD) Experience. http://media.cmgdigital.com / shared / news /documents/2015 /10 /09 /OPD- Final- Report - Executive- Summary- 10- 6- 15.pdf. 9 The Effect of Police Body -Worn Cameras on Use of Force and Citizens' Complaints against the Police: A Randomized Controlled Trial Original Paper, Journal of Quantitative Criminology, September 2015, Volume 31, Issue 3, pp. 509 -535. 10 PoliceOne Staff, 5 Ways Body -Worn Cameras Have Helped Police Officers: How Video from the Officer's Perspective Is Making Their Jobs Easier, September 30, 2014. PoliceOne. https: / /www.policeone .com/police - products/body- cameras /articles/ 7522310 -5- ways- body- worn - cameras -have- helped- police- officers. 11 "Considering Police Body Cameras," Harvard Law Review 128.6 (April 10, 2015): 1794 -802. http: //harvardlawreview. org /2015 /04 /considering -polic e- body- cameras /. 2015 -2016 San Mateo County Civil Grand Jury interviews with law enforcement personnel, the Grand Jury concludes that body -worn cameras are a net positive in law enforcement. Local law enforcement officials informed the Grand Jury of the following perceived advantages and disadvantages to the utilization of body -worn cameras by their officers: Advantages of Body -Worn Cameras12 • Reducing complaints: • Police behavior is improved and the use of force is reduced. • Resident behavior is improved. • Providing unedited video evidence of decisions made by officers in high- intensity situations • Increasing transparency and accountability of police officers' activities and improving community perception of law enforcement • Providing valuable evidence in court proceedings and /or in obtaining witness and victim statements Disadvantages of Body -Worn Cameras13 • Officers must manually activate /deactivate the camera in most systems in use today. • Policy development has potential for risk (e.g., privacy issues, chain of custody, and officer activation of camera) due to lack of clarity as to applicable federal and/or state law. • Technology is changing rapidly, which may limit product support after a few years' use. Replacement equipment may be costly. Future local, state, and/or federal legal and policy mandates could add to overall costs. • Increased Public Records Act requests could add to administrative costs such as locating a video segment, redacting or blurring images of individuals not relevant to the incident, documenting changes, and copying the specific video segment. The San Mateo County Sheriff's Office and other local law enforcement agencies use many forms of modern technology including audio recorders worn on police officers, automobile dashboard cameras ( "dash cams "), and gunshot detection systems, 14 as well as surveillance technologies such as license plate readers and closed- circuit TV. All of these technologies have 12 Officials from San Mateo County law enforcement: interviews by the Grand Jury. Adapted from Atherton Police Department document. 13 Ibid. 14 A gunfire locator, or gunshot detection system, is a system that detects and conveys the location of gunfire or other weapon fire using acoustic, optical, potentially other types of sensors, as well as a combination of such sensors. 2015 -2016 San Mateo County Civil Grand Jury 4 advantages and disadvantages. Police command staff, elected officials and city administrators, as well as concerned and informed citizens must determine which of today's technologies and those in development are appropriate to ensure their community's safety and security. Equally important is the concern for the civil rights and privacy of citizens and police officers. DISCUSSION Body -worn cameras are in limited use today among the County's 15 independent city /town police departments, the Broadmoor Police Protection District, and the Sheriffs Office (whose jurisdiction includes unincorporated areas of the County and the communities of Half Moon Bay, Millbrae, Portola Valley, San Carlos, and Woodside). The Grand Jury found th They are: • Atherton PD • Belmont PD • Foster City PD • Hillsborough PD • Menlo Park PD at five local police departments are currently using body -worn cameras. deployed in 2006 deployed in 2014 deployed in 2012 deployed in 2014 deployed in 2013 The Grand Jury interviewed representatives from five of the remaining 11 police departments. All five indicated varying levels of interest in adopting body -worn cameras but have decided to wait. These departments are: • Daly City PD • East Palo Alto PD • Redwood City PD • San Mateo PD • South San Francisco PD The Grand Jury interviewed representatives from the San Mateo County Sheriffs Office, which has also considered use of body -worn cameras and has decided to wait. The police departments using body -worn cameras describe their experience of deploying, maintaining, and managing body -worn cameras as ranging from "positive" to "extremely positive." Training for the use of these systems generally takes less than two hours. Department representatives also reported that the most difficult task involved in implementing a body -worn camera system is deciding which of the many available systems is the best fit for the agency's needs and budget. With a large and growing number of manufacturers, there is a wide variety of features and options available on individual cameras and systems including: • Camera mounting options • Selectable camera resolution • Expanded field -of -view capability • Zoom capability • Enhanced low -light capabilities • Improved image stabilization 2015 -2016 San Mateo County Civil Grand Jury • Expandable internal storage capacity • Extended battery life • Software management platform • Software compatibility options • Data storage medium • Integration compatibility with other law enforcement tools (i.e., dash cams, on -board computers, light bar /siren activation, etc.) • Available technical support Three of the five local police departments using body -worn cameras (Atherton PD, Foster City PD, Menlo Park PD) have opted for cameras typically mounted on the officer's torso. They are approximately 2" x 3.25" x 0.75 ", clipped to the shirt/blouse, and are activated by a button on the front of the camera. A disadvantage of this camera style is that when mounted mid -chest on the officer, it does not automatically move in the same direction with the officer's head. In addition, the camera tends to be directly behind an officer's standard two - handed pistol grip stance, thus somewhat restricting the camera's view when confronting a suspect. However, this system is generally less expensive. Both the Hillsborough and Belmont Police Departments have deployed a camera —the Taser Axon Flex— that is mountable on an officer's shoulder epaulette, collar, glasses, or helmet (see Figure 1). This camera, including its integrated storage module, is slightly larger than one AA battery and attached to its battery pack by a thin cable. It is also one of the more expensive cameras currently in use but it allows considerable mounting flexibility. Figure 1. Taser Axon Flex Mounted to an Officer's Glasses Photo: TASER International 15 Other options currently available on the Axon Flex include high- definition (HD) resolution, expanded on- camera storage capacity, image stabilization, and extended battery life. According to law enforcement commanders interviewed by the Grand Jury, a low -light camera is optimal as 15 Source: http: / /www.fastcompany.com/1817960 /tasers- new - police - glasses- cam -lets- citizens - see - what - cops -see. 2015 -2016 San Mateo County Civil Grand Jury 6 long as it only mimics what the human eye can see. For example, an officer might see a weapon in low light, but it is revealed as a newspaper in enhanced light. This disparity could create evidentiary issues when used at trial. 16 Experience among local law enforcement indicates body -worn cameras have had a beneficial effect on the police officers as well as the public they encounter. In interviews, local police department representatives described the reaction of officers to body -worn cameras as overwhelmingly positive. 17 Initial concerns on the part of a few officers about learning a new technology were overcome by training. 18 Interviewees also noted that the body -worn camera recordings have been valuable when training new recruits on proper procedures and operations. In addition, according to both command staff and line officers, law enforcement as well as the public seem to be on better behavior when they know they are being recorded. According to Sean Whent, Chief of Police, Oakland (CA) Police Department, "we have about 450 body -worn cameras actively deployed, and in the overwhelming majority of the cases, the footage demonstrates that the officer's actions were appropriate." 19 This anecdotal evidence from several local law enforcement personnel at command and patrol levels supports findings in a recent research report from the University of South Florida: Following completion of the 12 -month University of South Florida Orlando Police Department BWC Evaluation, which was based on a randomized experiment where 46 officers were randomly assigned to wear BMCs and 43 officers were randomly assigned not to wear BWCs, the results suggest that BWCs are an effective tool to reduce response -to- resistance (R2R) incidents and serious complaints.... Interestingly, although nearly all of the officers were skeptical about the (positive) impact that BWCs would have on their behavior ... wearing a BWC did positively influence their behavior and lead to significant reductions in R2R and serious external complaints. Finally, the majority of the officers want to keep their body -worn cameras, believe the agency should implement a full -scale adoption, and are willing to train their peers in BWC implementation and operation. 20 16 Official from the Hillsborough Police Department: interview by the Grand Jury. 17 Officials from city police departments using body -worn cameras: interviews by the Grand Jury. 18 According to law- enforcement officials interviewed, training patrol personnel on procedures and operational use of the body -worn camera system was typically a two -hour exercise. 19 "Editorial: Sheriffs Department to Further Test Body Cameras," The Press Enterprise, November 7, 2014. http: / /www.pe.com/articles/ cameras - 753724- body - police.html. 20 Wesley G. Jennings, Mathew D. Lynch, and Lorie A. Fridell, "Executive Summary— Evaluating the Impact of Police Officer Body -Worn Cameras (BWCS): The Orlando Police Department (OPD) Experience," Tampa, FL: University of South Florida, 2015, p. 2. 2015 -2016 San Mateo County Civil Grand Jury Reasons for County Law Enforcement Not Implementing Body -Worn Cameras Even law enforcement leaders in San Mateo County whose agencies have not adopted body - worn cameras agree that body -worn cameras will likely be beneficial. 21 A representative from one local law enforcement agency commented, "Not only are they [body -worn cameras] expected, it's almost required by our citizens. 1122 They also concede it is highly probable that body -worn cameras will be adopted either voluntarily or by statute. These agencies that have not implemented body -worn cameras, however, have cited similar reasons for waiting. These reasons include: • Cost of system hardware • Cost of data storage • Development of standard use policies • Limited case law affecting policies regarding the use of body -worn cameras such as data retention time and privacy and civil rights concerns among other issues • Concern that technology developments will render existing equipment obsolete within a few years • Concern that state or federal law may dictate use of body -worn cameras with specific features or technology Each of the five law enforcement agencies in San Mateo County currently using body -worn cameras has addressed these six issues. While the Grand Jury acknowledges that there are several concerns raised by those agencies that have not yet adopted body -worn cameras, the critical question is whether these concerns are sufficient to delay implementing a body -worn camera system. Cost and Technology of Body -Worn Camera Systems Five San Mateo County law enforcement agencies have deployed three different manufacturer's systems with varying features including mounting options. A commercially available off -the- shelf system used by one department is by far the most economical. The specified functionality of this camera system indicates it offers an exceptional value when compared to other brands and models. 21 Officials from local law enforcement agencies: interviews by the Grand Jury. 22 Local city police chief: interview by the Grand Jury. 2015 -2016 San Mateo County Civil Grand Jury Figure 2. Low -Cost, Off -the -Shelf MuviTm HD Body -Worn Camera Photo: Veho World23 The cost of data storage can vary widely as well. However, the Grand Jury found that the actual cost of implementing even the most expensive system is significantly less than the perception of the many agencies that have not adopted body -worn cameras. 24 Several police departments informed the Grand Jury that the cost of data storage is on a downward trajectory. These departments expect it will be a small percentage of the cost of the body -worn camera system over time. 23 Source: http: / /www.veho- muvi.comAaw- enforcement/. 24 Officials from local law enforcement agencies: interviews by the Grand Jury. 2015 -2016 San Mateo County Civil Grand Jury 9 The following table summarizes the systems and some key features of the body -worn cameras adopted by local law enforcement: Table 1. Comparison of Body -Worn Camera Systems in Use in San Mateo County City Atherton Belmont Foster City Hillsborough Menlo Park Manufacturer/ VIEW LE3' Taser Axon Veho"' MUVITM HD (off -the- Taser Axon VIEW LE3" Model Flex" shelf)'" Flex'" Deployed 2006 2014 2012 2014 2013 Officers 23 28 39 26 50 Equipped Per -Unit $1,200 $900 $115 $614 $900 Camera Cost Data Software VIEVU Taser Non- Taser VIEVU Proprietary Proprietary proprietary Proprietary Proprietary Storage Site In -house Cloud In -house Cloud In -house Annual $10,000 for Minimal cost -$20,000 -$1,000 -$4,400 Storage Cost initial 10 TB"' Annual Data No Usage _1 TB Information -535 GB -2 TB -6 -7 TBv" No Minimal Training Infomation Two hours Two hours training < One hour required Table Notes: i. VIEVU — http: / /www.vievu .com/vievu - products/hardware. ii. Taser Axon Flex— www.axon.io /products. iii. VehoTm MUVI— Veho -VCC- 005 - MUVI -HD10- Handsfree- Wireless Mounting. iv. Taser Axon Flex — www.axon.io /products/flex. v. VIEVU— www.vievu .com/vievu - products/hardware. vi. In -house storage is shared by several City of Menlo Park departments. vii. Annual usage is for all City of Menlo Park departments. N.B. The links above may not show the specific model used by the police departments. The good news for law enforcement agencies is that strong competition between the two most prominent vendors of the devices —VIEVU LLC and Taser International —as well as additional prominent companies entering this market means lower cost and more feature -rich products will likely be available in the near future. 25 25 Christopher Mims, "Competing Body Cam Companies Drive Down Prices for Cops," Wall Street Journal, August 25, 2014. https: / /www.policeone .com/police- products[body- cameras /articlesn498274- Competing -body- cam- companies- drive - down - prices- for - cops /. 2015 -2016 San Mateo County Civil Grand Jury 10 Policies for Body -Worn Camera Systems Developing agency policies regarding body -worn camera use has not been a significant problem for local law enforcement agencies. Four of the five city police departments have developed written operational policies that average less than five pages and are similar in content. In all cases, the agencies used a standard policy version from Lexipol's Policy 45026 and modified it for their agency's application. The fifth department, Hillsborough, is in the process of revising its existing policy, which it is also basing on modifications of Lexipol's Policy 450. Menlo Park Police Department's policy is available online and all others are available on request to the public from the police departments. These policies are included in Appendixes A through E. Three commonly discussed operational policy issues have been addressed by these five agencies, including: • When does activation of the camera occur? Can the officer review the video when writing his/her report? How long is data retained? The following is a brief overview of the policies and practices adopted by the five local law enforcement agencies that are currently using body -worn cameras: Atherton • Officer activated —turned on prior to actual contact or as soon as safely possible • Officer may review video while writing his/her report • Data is retained until the criminal proceeding, pending litigation, or personnel complaint is resolved and/or in accordance with the law Belmont • Officer activated — whenever contacting a citizen in official capacity • Officer may review video while writing his/her report • Recordings shall be retained for a period consistent with the organization's records retention schedule Foster City • Officer activated — required during traffic stops or whenever officer deems appropriate • Officer may review video while writing his/her report • Data retention is for a period consistent with the requirements of the organization's records retention schedule but in no event less than 180 days 26 Lexipol LLC is a private company providing state - specific policies and verifiable policy training for public safety organizations. Many local law enforcement agencies subscribe to this service. 2015 -2016 San Mateo County Civil Grand Jury 11 Hillsborough27 • Officer activated whenever unit emergency lights are activated • Officer may review video while writing his/her report subject to approval of Watch Commander • Data retention is minimum of one year Menlo Park • Officer activated prior to arrival to any in- progress or serious or high - priority call for service • Officer may review video while writing his/her report • Data retention is 2.5 years for all citizen contacts. Recordings classified as evidence will be retained for a period of time determined by applicable laws and the City of Menlo Park's retention guidelines. The command staff interviewed by the Grand Jury acknowledged that some policies may require modification as more experience with body -worn cameras is obtained, as case law on body -worn cameras develops, and as applicable state or federal law evolves. Privacy and Civil Rights Issues Not surprisingly, civil rights issues are of concern to local law enforcement agencies when generating policies regarding use of body -worn cameras. Protection of the privacy and civil rights of all individuals encountered by law enforcement is a topic of discussion throughout the country. In the case of body -worn cameras, privacy concerns apply to the public's right to privacy and the police officer's rights as well. According to several police chiefs interviewed by the Grand Jury, there are occasions when it is inadvisable or prohibited by written policy to turn on a body -worn camera. For example: • Discussions among police officers not related to encounters with the public (i.e., administrative, procedural, tactical, and training) • Officer personal time such as break time, private conversations with colleagues, or non - police -call related conversations among others • During certain extremely sensitive investigations such as interviews with sexual assault victims and some family disputes especially when minors may be involved • Officer interactions with confidential informants, undercover agents, federal agents, issuing K -9 commands to police dogs, or when discussing confidential tactical information such as SWAT team deployments • When there are no encounters with the public or when writing shift reports 27 Until the Hillsborough Police Department completes its Body -Worn Camera Policy, it is using the policy written for Mobile Audio Video (i.e., dash cams) as modified by Chiefs Departmental Directive 14 -01, September 2, 2014. 2015 -2016 San Mateo County Civil Grand Jury 12 The Menlo Park Chief of Police appointed a Citizens Advisory Committee to review and comment on proposed policies and procedures for use of body -worn cameras that met the department's needs but did not infringe on citizens' civil rights. This committee included an individual active in both the ACLU and the Electronic Frontier Foundation, two organizations active in protecting citizens' privacy and civil rights. 28 The committee recommended acceptance of the Menlo Park policy. (See Appendix E for Body -Worn Camera Policy —Menlo Park Police Department and Appendix F for Body Cameras —Menlo Park Police Department Citizens Advisory Committee Report.) According to the ACLU, "the challenge of on- officer cameras is the tension between their potential to invade privacy and their strong benefit in promoting police accountability. Overall, we think they can be a win -win but only if they are deployed within a framework of strong policies to ensure they protect the public without becoming yet another system for routine surveillance of the public, and maintain public confidence in the integrity of those privacy protections. Without such a framework, their accountability benefits would not exceed their privacy risks." 29 The Grand Jury acknowledges that further developments are likely, such as new statutes and court decisions interpreting existing privacy and other civil rights laws related to the use of body -worn cameras in the coming years. However, this process is not uncommon in the field of law enforcement generally and there was no indication to the Grand Jury that the evolution of policies regarding body -worn cameras cannot be effectively managed by the local law enforcement community. Further, the Grand Jury suggests that policies such as those developed by Atherton, Belmont, Foster City, Hillsborough, and Menlo Park can serve as templates for other law enforcement agencies. Chain of Custody Concerns Local police policies and the inherent design of the body -worn camera hardware and software severely limit officers' access to body- camera footage so as to protect the chain of custody for its potential use in future legal proceedings. For example, officers have no capability to edit the video except to tag a segment with a case number or an arrest report number, or to assign a criticality status to it. Once the video has been stored, access is typically limited to a select few senior command personnel who are assigned special access codes. An electronic trail is created that tracks who, when, and what was done. Exceptions are typically only allowed when pre- determined non - critical data is scheduled to be purged from system storage after reaching the retention period defined in the department's policies. However, video data that involves legal proceedings, citizen complaints, or which is otherwise retained upon request are often stored indefinitely. The district attorney's office, defense attorneys, and other law enforcement and criminal justice agencies often request copies, which are provided on a separate medium such as a CD -ROM. 28 Officials from the Menlo Park Police Department: interview by the Grand Jury. http://www.menlopark.org/DocumentCenter/Viewn240. 29 Jay Stanley, Police Body- Mounted Cameras: With Right Policies in Place, a Win for All v.2, American Civil Liberties Union, March 2015. https: / /www.aclu.org /police- body- mounted - cameras - right - policies - place- win -all. 2015 -2016 San Mateo County Civil Grand Jury 13 Limitations Body -worn cameras are not a panacea for all disputed encounters between citizens and law enforcement. They occasionally malfunction, the batteries discharge, or the internal storage capacity limits recording an encounter. Chest - mounted camera views may be partially obscured by the standard two - handed pistol grip used by many police officers. Cameras can be dislodged in physical altercations or the attachment clip may slip, rendering the camera an audio device only. Video images may be confusing or inconclusive when the wearer is in a physical altercation or in pursuit of a suspect or when used in very low -light situations. The camera shows only what is within its viewing angle and does not turn with the officer's eyes unless mounted on an officer's hat, helmet, or glasses. It only captures two out of the five senses —sight and sound. For example, the smell of alcohol or gunpowder is not detected. Notwithstanding these limitations, the information provided to the Grand Jury confirms that body -worn cameras often provide far more evidence of an incident than an audio device and certainly more than no recording device at all. Conclusions Based on its investigation, the Grand Jury concludes that body -worn cameras would be advantageous for all San Mateo County law enforcement agencies as well as the individuals they encounter. Although some local law enforcement agencies have expressed various concerns regarding the utilization of such body -worn devices, five police departments within San Mateo County have implemented body -worn camera systems and their experience provides tangible evidence that: • Costs are containable. • Many hardware, software, and storage options are available to accommodate individual agency requirements. • Workable operational policies are readily available and easily modifiable to accommodate specific agency requirements. • Training needs are minimal. • Patrol staff rapidly accepted body -worn cameras. • The behavior of both residents and police officers improves when their actions are being recorded on video. As with all new technology, best practices are in the process of being developed as each of these five departments gains experience with its body -worn camera system. These departments can serve as role models for other police agencies as they implement their own camera systems, which many acknowledge as inevitable. Finally and most importantly, body -worn cameras clearly state to the public that its police force has nothing to hide, that their encounters with the public are transparent, and that these encounters are subject to internal and, when appropriate, external scrutiny. 2015 -2016 San Mateo County Civil Grand Jury 14 FINDINGS Fl. The Atherton, Belmont, Foster City, Hillsborough, and Menlo Park Police Departments have deployed body -worn camera systems. F2. The Sheriff's Office and five of the city police departments that have not deployed body - worn cameras all expressed similar concerns regarding the implementation of these systems, the cost of equipment, the cost of data retention, and policy development. F3. The Atherton, Belmont, Foster City, Hillsborough, and Menlo Park Police Departments have budgeted sufficient funds to manage the cost of equipment, data retention, and training. F4. The Atherton, Belmont, Foster City, and Menlo Park Police Departments have developed written policies regarding the operation and data retention of body -worn camera systems as well as the protection of the rights of the community and police officers. Hillsborough is in the process of developing a similar policy. F5. Many local law enforcement agencies that currently do not employ body -worn cameras acknowledge that these systems are beneficial and will likely be implemented in the future either voluntarily or by mandate. RECOMMENDATIONS R1. The Grand Jury recommends that the councils of those cities /towns that have not adopted body -worn cameras direct their respective chiefs of police to develop an appropriate body -worn camera implementation plan and advise the public of their plan by November 30, 2016. R2. The Grand Jury recommends that the San Mateo County Sheriff develop a plan to implement body -worn cameras and advise the public of his plan by November 30, 2016. R3. The Grand Jury recommends that the police departments of those cities, towns, and the Broadmoor Police Protection District that have not adopted body -worn cameras implement a body -worn camera system as soon as practicable but, in any event, no later than October 31, 2017. R4. The Grand Jury recommends that the San Mateo County Sheriffs Office implement a body -worn camera system as soon as practicable but, in any event, no later than October 31, 2017. 2015 -2016 San Mateo County Civil Grand Jury 15 REQUEST FOR RESPONSES Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows from the following governing bodies: • R1 and R3 —The City Councils of the following 10 cities and towns: • Brisbane • Burlingame • Colma • Daly City • East Palo Alto • Pacifica • Redwood City • San Bruno • San Mateo • South San Francisco • R1 and R3 - - -The Board of Police Commissioners of the Broadmoor Police Protection District Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows from the following elected official: • R2 and R4 —San Mateo County Sheriff The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act. 2015 -2016 San Mateo County Civil Grand Jury 16 METHODOLOGY Interviews Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The Grand Jury interviewed command staff at these law enforcement agencies: • San Mateo County Sheriffs Office • The Police Departments of: • Atherton • Belmont • Daly City • East Palo Alto • Foster City • Hillsborough • Menlo Park • Redwood City • San Mateo • South San Francisco The Grand Jury interviewed representatives of the following local law enforcement associations: • Hillsborough Police Officer Association • Menlo Park Police Officers' Association • San Mateo County Deputy Sheriff's Association • San Mateo County Organization of Sheriff's Sergeants • Redwood City Police Officers' Association • Redwood City Police Sergeants' Association The Grand Jury interviewed a senior official of Northern California Regional Intelligence Center (NCRIC). The Grand Jury interviewed a member of the American Civil Liberties Union and Electronic Frontier who served on a citizens' committee to review and recommend body -worn camera use policies at the request of their city's police chief. The Grand Jury interviewed senior members of the San Mateo County District Attorney's Office. 2015 -2016 San Mateo County Civil Grand Jury 17 BIBLIOGRAPHY "Considering Police Body Cameras." Harvard Law Review 128.6 (April 10, 2015). http: //harvardlawreview. org/ 2015/04 /considering - police- body - cameras /. Insight Public Sector, Underwriter. A Handbook for Public Safety Officials— Developing the Policy, Technology, and Operational Strategies Needed for a Future -Proof Body Camera Program, October 27, 2015. http:/ /www. insight. com/ en_US /leam/content/158356527 /a- handbook- for - public- safety - officials /. Jennings, Wesley G, Mathew D. Lynch, and Lorie A. Fridell, Research Team. "Executive Summary— Evaluating the Impact of Police Officer Body -Worn Cameras (BWCs): The Orlando Police Department (OPD) Experience." University of South Florida. Submitted to the Orlando Police Department October 6, 2015. http:// www .cityoforlando.net /police /wp- content/uploads /sites /3/2015/ 10 /OPD- Final- Report- Executive - Summary- 10- 6- 15.pdf. Kostal, Susan. "Police Body Cameras Carry Hidden Costs and Challenges." California Lawyer, October 2015. http : / /www.callawyer.com/2015 /10 /police- body- cameras - carry- hidden - costs -and- challenges/. San Mateo County Deputy Sheriff's Association. "Elements of a Body Camera Policy." Stanley, Jay, ACLU Policy Analyst. Police Body- Mounted Cameras: With Right Policies in Place, a Win for All v.2, American Civil Liberties Union, March 2015. https : / /www. aclu. org /police- body- mounted - cameras - right - policies - place- win -all. U.S. Department of Justice, Community Oriented Policing Services (COPS). "Implementing a Body -Worn Camera Program, Recommendations and Lessons Learned." Police Executive Research Forum, 2014. https : / /www.justice.gov /iso /opa/ resources /472014912134715246869.pdf. 2015 -2016 San Mateo County Civil Grand Jury 18 APPENDIX A BODY -WORN CAMERA POLICY — ATHERTON POLICE DEPARTMENT Atherton Police Department Policy Manual Portable Audio /Video Recorders 450.1 PURPOSE AND SCOPE This Department procedure establishes guidelines for Department members using body worn cameras and procedures for preserving the digital media. This procedure applies to all Department members. 450.2 BACKGROUND Law enforcement's use of in -car cameras and body worn cameras has proven effective in reducing violent confrontations and complaints against officers. Cameras provide additional documentation of police/public encounters and may be an important tool for collecting evidence and maintaining public trust. There is also a learning curve that comes with using body -worn cameras. Video cannot always show the full story nor does it capture an entire scene. The use of cameras does not reduce the requirement to provide thorough written documentation. Persons reviewing recordings must also be cautious before conclusions are reached about what the video shows. 450.3 DEFINITIONS (a) Body Worn Camera (BWC) - A camera worn on an individual officer's person that records and stores audio and video. (b) BWC Program Administrator - Police Department program administrator for BWC camera system with full access to user rights and sets user access and parameters. (c) Digital Evidence - BWC files, including photographs, audio recordings and video footage, captured by a BWC and stored digitally. (d) Metadata - Case numbers, Incident numbers, and other descriptors used to identify digital evidence. 450.4 PROCEDURE 450.4.1 OFFICER SAFETY Officer Safety takes Precedence over Recording Events. Officers should follow existing officer safety policies when conducting enforcement stops as outlined in Department policies and procedures. Officer safety should be the primary consideration when contacting citizens or conducting vehicle stops, not the ability to record an event. 450.4.2 GENERAL (a) Only authorized personnel should use or be in possession of a BWC device. (b) BWC equipment is for official use only and shall not be utilized for personal use. (c) Officers shall not tamper with or dismantle any hardware or software component of any BWC device_ Portable AudioNideo Recorders - 482 Printed Data: 2015105116 ** *DRAFT" ** 0 1995 -2015 Laxipol, LAC 2015 -2016 San Mateo County Civil Grand Jury 19 Atherton Police Department Policy Manual Portable AudiolVideo Recorders (d) The use of any other personal recording device for the same purpose is not authorized without permission of the Chief of Police or designee. (e) All digital evidence collected using the BWC is considered a record of the Atherton Police Department and is for official use only. (f) Accessing, copying, forwarding or releasing any digital evidence for other than official law enforcement use and contrary to this procedure is strictly prohibited. Public release of digital evidence is prohibited unless approved by the Chief of Police or their designee. 450.4.3 BWC MODES OF OPERATION (a) The BWC system operates on rechargeable battery power. The user can viewthe recordings and add metadata to videos using a department provided software application. Viewing or adding metadate will not alter the video recording. (b) Recording Mode is when the switch is activated and the camera is recording both audio and video. 450.4,4 STORAGE (a) When not in use, the BWC devices shall be properly stored. 450.4.5 PRE -SHIFT INSPECTION (a) Officers should inspect their assigned BWC devices daily to ensure there is no visual damage and the device is in working order. (b) Visual damage shall be reported to a supervisor. (c) Inoperable equipment shall be tagged and returned to the BWC Administrator as soon as possible. 450.4.6 CAMERA POSITION (a) Officers should wear the SWC above the midline of their torso and in a position that provides for effective recording. 450.4.7 REPAIR, REPLACEMENT, AND MAINTENANCE (a) When a BWC malfunctions, the officer will notify his or her supervisor. (b) The inoperable equipment will be taken to the BWC Administrator for repair as soon as possible. (c) If the BWC Administrator cannot repair the unit, the manufacturer will be contacted to facilitate the repair. Repair and replacement of damaged or nonfunctional BWC equipment is coordinated through the BWC Administrator and performed through the manufacturer. (d) This procedure will be followed for all BWC related equipment and accessories. 450.4.8 ADVISEMENTS ABOUT RECORDING (a) Private citizens do not have a reasonable expectation of privacy when talking with police officers during the scope of an officer's official duties, even when the contact is in a private Portable AudicNideo Recorders - 483 Printed Date: 2015105116 * **DRAFT * ** CP 1995 -2095 Lextpol, LLC 2015 -2016 San Mateo County Civil Grand Jury 20 Atherton Police Department Policy Manual Portable AudiolVideo Recorders residence. Therefore, officers are not required to give notice they are recording, However, if asked, officers should advise citizens they are being recorded. (b) Officers are not required to initiate or cease recording an event, situation or circumstance solely at the demand of a citizen. (c) Officers and supervisors involved in the investigation of a complaint against a member of the police department must inform complainants and witnesses they are being recorded. 450.4.9 SURREPTITIOUS USE OF THE BWC (a) Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the officer reasonably believes that such a recording will be beneficial to the investigation (Penal Code § 633). (b) Members shall not surreptitiously record another department member without a court order or unless lawfully authorized by the Chief of Police or the authorized designee. 450.5 WHEN AND WHERE TO RECORD 450.5.1 ENFORCEMENT RELATED CONTACTS (a) Officers should record enforcement related contacts. The camera should be activated prior to actual contact with the citizen, or as soon as safely possible thereafter, and continue recording until the contact is concluded. (b) Enforcement related contacts include the following: Traffic stops, field interviews, detentions, arrests, persons present at radio calls who are accused of crimes, and consensual encounters in which the officer is attempting to develop reasonable suspicion on the subject of the encounter. (c) Covering another city employee or law enforcement officer during an enforcement contact. (d) Officers working plain clothes assignments are exempt from this policy. 450.5.2 ARRESTS (a) Officers may stop recording when the arrestee is cooperative and safely secured inside a police car or law enforcement facility. If an arrestee becomes uncooperative, or if there is some evidentiary purpose, officers should resume recording in the event made. (b) If an officer resumes recording, the camera should remain recording until the officer no longer has contact with the subject. 450.5.3 SUSPECT INTE=RVIEWS (a) Officers are encouraged to fully record suspect interviews. Officers should not stop and start the recording during a suspect interview. (b) When recording interviews, officers should ensure they record any admonishments prior to the start of an interview. Portable AudioNideo Recorders - 484 Printed Date: 2015/05/16 **"DRAFT* ** 1995 -2015 Lexipol, LLC 2015 -2016 San Mateo County Civil Grand Jury 21 Atherton Police Department Policy Manual Portable AudioNideo Recorders 450.5.4 PRIVATE RESIDENCES (a) Private Citizens have a reasonable expectation of privacy in their homes. However, when officers are lawfully present in a home (warrant, consent, or exigent circumstances) in the course of official duties, there is no reasonable expectation of privacy. 450.5.5 SEARCHES (a) During the execution of a search warrant, an arrest warrant, a Fourth Amendment waiver search, or a consent search in which the officer is looking for evidence or contraband. 450.5.6 SPECIAL EVENTS (a) Officer's use of BWCs at special events is at the discretion of the Lieutenant. 450.5.7 VICTIM AND WITNESS INTERVIEWS (a) Victim and witness interviews will generally be recorded. (b) Domestic violence victims often recant their statements as early as the following morning after a crime. Victims may also make their children unavailable for investigators or court to avoid their providing statements. For these reasons, domestic violence victims should be recorded if the victim is willing. Officers should also record the statements of children of domestic violence victims who are witnesses in these types of cases if the children are willing. (c) BWCs should be used during Sex Crimes or Child Abuse investigations to include statements of victims, witnesses, and interactions with parents of victims. 454.5.8 DEMONSTRATIONS (a) As a general policy, Department personnel should video record or photograph peaceful demonstrations. (b) When there is reason to believe that a planned event has the potential for unlawful activity, Commanding Officers should make the determination whether visual recording or photographing is appropriate. (c) During demonstrations, if officers witness crimes occurring among the demonstrators andy or believe an arrest is likely, they should begin recording. 450.6 WHEN AND WHERE NOT TO RECORD (a) BWCs shall not be used to record non -work related activity. (b) BWCs shall not be used to record in areas or activities such as pre -shift conferences, Department locker rooms, break rooms, or other activities not related to a criminal investigation. (c) BWCs shall not intentionally be activated in places where persons have a reasonable expectation of privacy, such as locker rooms, dressing rooms, or restrooms. (d) BWCs shall not be used during Department administrative investigations. Portable Audio Nidec Recorders - 485 Prinied Date: 2015!05116 ** *DRAFT*** 0 1995 -2015 LL -Apol, _LC 2015 -2016 San Mateo County Civil Grand Jury 22 Atherton Police Department Policy Manual Portable AudioNJdeo Recorders (e) When possible, officers should avoid recording exposed areas of the body that could cause embarrassment or humiliation, such as exposed breast, groin, etc. 450.6.1 GENERAL RULE (a) Generally, officers should not record informal or casual encounters with members of the public. Officers should consider that recording people in some circumstances may inhibit sharing neighborhood information or developing strong ties between members of the community and officers. 454.7 DOCUMENTATION OF RECORDED EVENTS (a) All recordings shall be documented in the incident 1 crime report. 450.8 ENTERING METADATA (a) If needed, metadata should be added at the conclusion of the event when the BWC is uploaded to the server. 450.9 CHARGING PROCEDURES (a) Officers should charge the BWC at the end of their shift. This will allow adequate time for the battery to recharge. 450.14 ACCESSING UPLOADED DIGITAL EVIDENCE (a) All those given permission associated with the BWC may review digital evidence. (b) Using a Department computer, go to the Atherton Police Department Intranet site. (c) Enter assigned user name and password. For help with problems, contact the BWC Administrator. (d) Digital evidence can be viewed and 1 or copied from this location. 450.11 RETENTION OF DIGITAL EVIDENCE (a) All recordings related to any criminal proceeding, claim filed, pending litigation, or a personnel complaint, shall be preserved until that matter is resolved and/or in accordance with the law. 450.12 REVIEWING IMPOUNDED DIGITAL EVIDENCE (a) Officers may review their own recordings. (b) Detectives are responsible for reviewing, updating and tracking digital evidence associated with their assigned cases. Portable Audio Nldeo Recorders - 486 Printed Date_ 2015105!76 ** *DRAFT'` ** 0 1995 -2015 Lexipol, LLC 2015 -2016 San Mateo County Civil Grand Jury 23 Atherton Police Department Policy Manual Portable AudroNideo Recorders [c] Digital evidence captured by the BWC is not all inclusive. The system captures a less broad and less detailed image than the totality of the human senses. An officer's recollection of specific details may be different than what is captured in digital evidence. Officers should review digital evidence prior to completing reports when necessary to ensure accuracy. Officers should review digital evidence prior to providing testimony at hearings, trial, or depositions. (d) It is NOT the intent of the Department to review digital evidence for the purpose of general performance review, for routine preparation of performance reports, or to discover policy violations. (e) Digital evidence may be viewed for administrative purposes limited to the following: • Any incident in which a member of the Department is injured or killed during the performance of their duties. • Any incident involving the use of force by a member of the Department, including canines, which results in injury or death. • Any in- custody death. • Any police pursuit. • When any member of the Department intentionally or unintentionally discharges a firearm at a person regardless whether an individual is struck. • When any member of the Department not involved in training intentionally or unintentionally discharges a Conductive Energy Weapon at a person, including the application of a drive stun. • Officer involved traffic collisions. • Prior to the release of recordings in response to a proper legal request (e.g., in response to a subpoena or other court order). • In preparation for a civil deposition or responding to an interrogatory where the incident arises from the employee's official duties. • When preparing to testify in a criminal, civil, or administrative proceeding arising from the employee's official duties. • For investigations undertaken by the Department, for the purpose of proving or disproving specific allegations of misconduct. • For administrative proceedings, when digital evidence is used by the Department for the purpose of proving or disproving allegations of misconduct, only digital evidence relevant to the investigative scope should be viewed and retained by investigators. Information relevant to the recordings viewed and seized as evidence by investigators should be documented as part of the chronological summary of any investigation undertaken by the Department. 456.12.1 LIEUTENANT APPROVAL In situations where there is a need to review digital evidence not covered by this procedure, the Lieutenant must approve the request. Each situation will be evaluated on a case by case basis. Portable Audiolllideo Recorders - 487 Printed Date: 20151051i6 ** *DRAFT'' ** @ 1895 -2095 Lcxipol, Mr, 2015 -2016 San Mateo County Civil Grand Jury 24 Atherton Police Department Policy Manual Portable AvdiolVidee Recorders 450.93 DISCOVERY OF MISCONDUCT (a) Employees reviewing event recordings should remain focused on the incident or incidents in question and review only those recordings relevant to their investigative scope. If improper conduct is discovered during any review of digital evidence, the person who discovered the conduct in question should notify a supervisor. Nothing in this procedure prohibits addressing policy violations. 450.14 COPYING AND RELEASING DIGITAL EVIDENCE (a) Digital evidence captured by the BWC shall be treated as official records and handled pursuant to existing Department policies and procedures. The digital evidence will be reviewed by the Lieutenant or his 1 her designee before release. 450.15 DIGITAL EVIDENCE FOR TRAINING (a) Officers and supervisors may find it useful, and are encouraged, to review recordings of incidents of which they were involved when beneficial forthe purpose of conducting a tactical debrief. When an incident is recorded which may be of value as a training aid for a broad section of the Department, the recording officer or that officer's supervisor should contact the Lieutenant who will review the digital evidence to determine the value of the incident for training. 450.16 BWC ADMINISTRATOR RESPONSIBILITIES BWC Program Administrators should be sworn members. BWC Program Administrators are responsible for performing the following duties: (a) Maintain and troubleshoot the BWC units and server application. (b) Maintain a record of assigned BWG units and related equipment. (c) Be proactive and able to complete minor repairs. (d) Arrange for the warranty and non - warranty repair of the BWC units. (e) Repair or replace BWC components (cameras, docking stations, etc). ( Maintain BWC equipment repair and maintenance records. (g) Update software and system settings as necessary. (h) Train officers on current policy and the proper use of BWC units. Portable k dioNldeo Recorders - 48B Printed Date: 2015105/16 ***DRAFT * ** t 1995 -2015 Lexipol, LLC 2015 -2016 San Mateo County Civil Grand Jury 25 APPENDIX B BODY -WORN CAMERA POLICY- BELMONT POLICE DEPARTMENT Belmont Police Department Policy Manual Portable Audio/Video Recorders 450.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audiolvideo recording devices by members of this department while in the performance of their duties. Portable audio1video recording devices include all recording systems whether body -worn, hand held or integrated into portable equipment. This policy does not apply to lawful surreptitious audiolvideo recording, interception of communications for authorized investigative purposes or to mobile audiolvideo recordings (see the Investigation and Prosecution and Mobile Audio /Video policies). 450.2 POLICY The Belmont Police Department may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. 450.3 MEMBER PRIVACY EXPECTATION All recordings made by members acting in their official capacity shall remain the property of the Department regardless of whether those recordings were made with department- issued or personally owned recorders. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 450.4 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/ she is equipped with a portable recorder issued by the Department, and that the recorder is in good working order. If the recorder is not in working order or malfunctions at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever possible. Any member assigned to a non - uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful reoording in an authorized undercover capacity, non - uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever possible. When using a portable recorder, the assigned member shall record his/her name, BPD identification number and the current date and time at the beginning and the end of the period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user's unique identification and the date and time of each recording. Portable Audio /Mdeo Recorders - 1 Adoption Date: 2015/12101 r;, 1995 -2015 Lempol, LLC 2015 -2016 San Mateo County Civil Grand Jury 26 Belmont Police Department Policy Manual Portable AudioNideo Recorders Members shall download their portable recorders at the end of the period of use, or sooner if necessary. The members will make two copies of all recordings related to cases being sent to the District Attorney's office for prosecution. One copy will be booked into evidence and the other forwarded along with the report to the District Attorney's office. Members shall document the existence of a recording in any report or other official record of the contact, including any instance where the recorder was not activated, malfunctioned or the member deactivated the recording. Members shall include the reason for deactivation. 450.4.1 SUPERVISOR RESPONSIBILITIES Supervisors should take custody of a portable audio/video recording as soon as practical when the device may have captured an incident involving an officer- involved shooting or death or other serious incident, and ensure the data is downloaded (Penal Code § 832.18). 450.5 ACTIVATION OF THE PORTABLE RECORDER This policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member is contacting a citizen in an official capacity. Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder. However, the recorder should be activated in situations described above as soon as practicable. 450.5.1 SURREPTITIOUS USE OF THE PORTABLE RECORDER Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation (Penal Code § 533). Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 450.5.2 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member's direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident- Portable AudioMdeo Recorders - 2 Adoption Date: 201 511 2/01 ©1995 -2015 Lebpol, LLC 2015 -2016 San Mateo County Civil Grand Jury 27 Belmont Police Department Policy Manual Portable AudioNideo Recorders Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person's attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 450.5.2 EXPLOSIVE DEVICE Many portable recorders, including body -worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 460.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using department - issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on- duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on -duty, whether the recording was created with department - issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. Members are prohibited from using personally owned recording devices while on -duty without the express consent of the Watch Commander. Any member who uses a personally owned recorder for depart ment- related activities shall comply with the provisions of this policy, including retention and release requirements. Recordings shall not be used by any member for the purpose of embarrassment, intimidation or ridicule_ 450.7 RETENTION OF RECORDINGS Any time a member records any portion of a contact that the member reasonably believes constitutes evidence in a criminal case, the member shall record the related case number and transfer the file in accordance with current procedure for storing digital files and document the existence of the recording in the related case report. Transfers should occur at the end of the member's shift, or any time the storage capacity is nearing its limit. Any time a member reasonably believes a recorded contact may be beneficial in a non- criminal matter (e. g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording_ 450.7.1 RETENTION REQUIREMENTS All recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule. Portable AudioMdeo Recorders - 3 Adoption Date: 2015/12/01 [uD 1995 -2015 Lexipd, LLC 2015 -2016 San Mateo County Civil Grand Jury 28 Belmont Police Department Policy Manual Portable AudiolVideo Recorders 454.8 REVIEW OF RECORDINGS When preparing written reports, members should review their recordings as a resource. However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member's performance. Recorded files may also be reviewed: (a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c) By media personnel with permission of the Chief of Police or the authorized designee. (d) In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy. All recordings should be reviewed by the Custodian of Records prior to public release (see the Records Maintenance and Release Policy). Recordings that unreasonably violate a person's privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court. 450.9 COORDINATOR The Chief of Police or the authorized designee shall appoint a member of the Department to coordinate the use and maintenance of portable audiolvideo recording devices and the storage of recordings, including (Penal Code § 832.18): (a) Establishing a system for downloading, storing and security of recordings. (b) Designating persons responsible for downloading recorded data. (c) Establishing a maintenance system to ensure availability of operable portable audiolvideo recording devices. (d) Establishing a system for tagging and categorizing data according to the type of incident captured. (e) Establishing a system to prevent tampering, deleting and copying recordings and ensure chain of custody integrity. (f) Working with counsel to ensure an appropriate retention schedule is being applied to recordings and associated documentation. (g) Maintaining logs of access and deletions of recordings. Portable AudiofVideo Recorders - 4 Adoption Date: 2015/12101 [c: 1995 -2015 Lexipd, LLC 2015 -2016 San Mateo County Civil Grand Jury 29 APPENDIX C BODY -WORN CAMERA POLICY — FOSTER CITY POLICE DEPARTMENT Foster City Police Department Policy Manual Use of Audio/Video Recorders 450.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio /video recording devices by members of this department while in the performance of their duties. This policy does not apply to surreptitious interception of electronic communications for lawful authorized investigative purposes orto mobile audio video recordings (seethe Mobile Audio Video Policy). 450.2 POLICY The Foster City Police Department may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. 450.3 PRIVACY All recordings made by personnel acting in their official capacity as members of this department shall remain the property of the Department and should not be considered private, regardless of whether those recordings were made with department - issued or personally owned recorders. 450.4 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/she is equipped with a portable recorder, issued by the Department, and that the recorder is in good working order. Uniformed members should wear the recorder in a conspicuous manner. Any member assigned to a non- uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. When using a recorder, the assigned member shall record his/her name, employee number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user's unique identification and the date and time of each recording. 450.5 ACTIVATION OF THE AUDIO RECORDER Members should consider activating the recorder during enforcement stops and field interrogation situations and any other time the member reasonably believes that a recording of an on -duty contact may be useful. Once started, recordings should continue without interruption until the contact ends, if feasible. At no time is a member expected to jeopardize his/her safety in order to activate a recorder or change the recording media. However, the recorder should be activated in required situations as soon as practicable. use of AudlolVdeo Recorders - 278 Adopted: 2 0 1 410 212 8 C 1995.2014 Lempol, LLC 2015 -2016 San Mateo County Civil Grand Jury 30 Foster City Police Department Policy Manual Use of RudiolVideo Recorders 450.5.1 SURREPTITIOUS USE OF THE AUDIO RECORDER Members of the department may surreptitiously record any conversation during the course of a criminal investigation in which the officer reasonably believes that such a recording will be beneficial to the investigation {Penal Code § 633 }. Members shall not surreptitiously record another department member without a court order or unless lawfully authorized by the Chief of Police or the authorized designee. 450.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using department- issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on -duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on -duty, whether the recording was created with department - issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Members are prohibited from using personally owned recording devices while on -duty without the express consent of the Watch Commander. Any memberwho uses a personally owned recorder for department - related activities shall comply with the provisions of this policy, including retention and release requirements. Recordings shall not be used by any mem bar forthe purpose of embarrassment or ridicule. Any member who may have questions regarding the application of this policy is encouraged to seek clarification from supervisory personnel. 450.7 RETENTION OF RECORDINGS Any time a member records any portion of a contact that the member reasonably believes constitutes evidence in a criminal case, the member shall record the related case number and download the file in accordance with the Computers and Digital Evidence Policy and document the existence of the recording in the related case report. Any time a member reasonably believes a recorded contact may be beneficial in non- criminal matter (e.g., a hostile contact), the member should promptly notify supervisor of the existence of the recording. Members should upload the file, in accordance with current procedure for storing digital files, at the end of their shift and any time the storage capacity is nearing its limit. 450.7.1 RETENTION REQUIREMENTS All downloaded recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule but in no event for a period less than 180 days. 450.8 RELEASE OF RECORDINGS Recordings made using portable recording devices pursuant to this policy are department records and may only be released as provided in the Release of Records and Information Policy or for other authorized legitimate department business purposes. Use of AudfoNdeo Recorders - 279 Adopted: 2014102/28 ® 19952014 Lexipol, LLC 2015 -2016 San Mateo County Civil Grand Jury 31 Foster City Police Department Policy Manual Use of AudiolVideo Recorders 450.9 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members should review their recordings as a resource. However, members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct, reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member's performance. Recorded files may also be reviewed: (a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c) By media personnel with permission of the Chief of Police or the authorized designee, (d) In compliance with a public records request, if permitted, and in accordance with the Release of Records and Information Policy. Use of AudioMde❑ Retarders - 280 Adopted 2074102!28 C 1995 -20' 4 LeApol, LLC 2015 -2016 San Mateo County Civil Grand Jury 32 APPENDIX D BODY -WORN CAMERA POLICY — HILLSBOROUGH POLICE DEPARTMENT Hillsborough Police Department Policy Manual Mobile Audio Video Procedure 446.9 PURPOSE AND SCOPE The Hillsborough Police Department has equipped each marked patrol car with a Mobile Audio & Video (MAV) recording system. The MAV is designed to assist and compliment patrol officers in the performance of his/her duties. The MAV is used to record certain activities by providing a visual and/or audio record. Video recordings are intended to provide an unbiased visuallaudio record of the incident and to supplement the officer's report. 446.2 ACTIVATION OF THE MAV The MAV system is designed to turn on whenever the unit emergency lights are activated. The system remains on until turned off manually. The audio portion must be activated manually by each officer and is independent of the video; however when audio is being recorded the video; will also record. 446.2.11 REQUIRED ACTIVATION of MAV This policy is not intended to describe every possible situation where the system may be used however here are many situations where the use of the MAV system is appropriate. In addition to the required situations, officers may activate the system any time he/she believes its use would be appropriate and /or valuable to document an incident. In some circumstances it is not possible to capture images if the incident due to conditions or location of the camera however the audio portion can be valuable evidence and is subject to the same activation requirements as the MAV. The activation of the MAV system is required in any of the following situations: (a) All field contacts involving actual or potential criminal conduct, within video or audio range, which includes: 1. Vehicular pursuits 2. Suspicious vehicles 3. Arrests 4. Pedestrian checks 6. DUI investigations including field sobriety tests 6. Consensual encounters 7. Responding to an in- progress call (b) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording (c) Any other circumstances where the officer believes that a recording of an incident would be appropriate Once the MAV system is activated, it shall remain on and shall not be turned off until the incident has concluded. For purposes of this section, conclusion of an incident has occurred when all arrests have been made, arrestees have been transported, and all witnesses, victims, etc. have been interviewed. Recording may cease if an officer is simply waiting for a tow truck or a family member to arrive or other similar situations. Moblle Atidla Video Procedure - 255 Adapted: 20101851:31 0 1995 -2090 Loxipol, I.I G 2015 -2016 San Mateo County Civil Grand Jury 33 Hillsborough Police Department Policy Manual Mobile Audio Video Procedure 446,2.2 WHEN ACTIVATION NOT REQUIRED Activation of the MAV system is not requi red when exchanging information with other officers or during breaks, lunch periods, when not In service, or actively on patrol. Absent legal cause or lawful order, no member of this department may surreptitiously record any other member of this department without the expressed knowledge and consent of all parties. 446.3 REVIEW OF MAV RECORDINGS Recordings may be reviewed in any of the following situations: (a) By a supervisor investigating a specific act of officer conduct (b) By a department detective after approval of a supervisor who is participating in an off dal investigation, such as a personnel complaint, administrative inquiry or a criminal investigation (c) By department personnel who request to review their own recordings (d) By court personnel through proper process or with permission of the Chief of Police or his/her designee (a) By media personnel with permission of the Chief of Police or his/her designee (f) Recordings may be shown for the purposes of training value. If an involved officer objects to the showing of recording, his/her objection will be submitted to staff to determine if the training value outweighs the officer's objection for not showing the recording. Employees desiring to view any MAV recording shall submit a request in writing to the Watch Commander. In no event shall any recording be used or shown for the purpose of ridicule or embarrassing any employee, 448A DOCUMENTING MAV USE Any incident that was recorded with either the video or audio system shalt be documented in the officer's report. If a citation was issued, a notation shall be placed on the back of the records copy of the citation that the incident was recorded. 446.5 VIDEO MEDIA STORAGE & INTEGRITY Once checked in, all video media will be labeled and placed in a designated secure storage area. All video media that is not booked in as evidence will be retained for a minimum of one year after which time they will be erased, destroyed, or recycled. 446.5.1 COPIES OF VIDEO RECORDINGS Original video recording media shall not be used for any purpose other than for initial review by a supervisor. A copy of the original video recording will be made upon proper request for any person authorized in Policy Manual § 446.4. Original video recording media may only be released in response to a valid court order or upon approval by the Chief of Police or his /her designee. In the event that an original recording is released to court, a copy shall be made and placed in storage until the original is returned. Mobile Audio Video Procedure - 256 AdVrod: 201OID5131 OD 1995 -201D l._oApol, L.I.0 2015 -2016 San Mateo County Civil Grand Jury 34 Hillsborough Police Department Policy Manual Mobile Audio Video Procedure 446.5.2 MAV RECORDINGS AS EVIDENCE Only in exceptional circumstances will original video media be booked into evidence. The exceptions would include a major event such as a homicide or as directed by the Watch Commander or a member of staff. If a video media is booked into evidence, it shall be booked in the same manner as other property and referenced in the case report. Mobile Audio Vidoo Procedure - 257 Adopted: 2010105/31 0 1895 -2416 LeApol. LLC 2015 -2016 San Mateo County Civil Grand Jury 35 APPENDIX E BODY -WORN CAMERA POLICY —MENLO PARK POLICE DEPARTMENT Menlo Park Police Department Policy Manual Use of AudioNideo Recorders 450.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio /video recording devices by members of this department while in the performance of their duties. This policy does not apply to surreptitious interception of electronic communications for lawful authorized investigative purposes (see the Investigation and Prosecution policy). 450.2 POLICY The Menlo Park Police Department shall provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. 450.3 MEMBER PRIVACY EXPECTATION All recordings made by members acting in their official capacity shall remain the property of the Department regardless of whether those recordings were made with department- issued or personally owned recorders. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 450.4 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/ she is equipped with a portable video recorder, issued by the Department, and that the recorder is in good working order. Uniformed members shall wear the recorders in such a way as to have easy access to the function buttons and in a manner that renders the recorder secure. Any member assigned to a non- uniformed position shall carry an approved portable recorder. The recorder shall be carried in a way that renders the recorder secure with the ability to record any contact with a citizen. At the beginning of each shift, the member shalt test the recorder to assure it is working properly. Members shat[ document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or was not turned on for any portion of the contact. The member shall include the reason for not activating the recorder. 450.5 ACTIVATION OF THE AUDIOIVIDEO RECORDER Members shall activate the recorder during all on duty contacts with citizens other than a contact with another member, without their knowledge. Members shall activate their recording devices prior to arriving to any in- progress or serious or high priority calls for service to preclude arriving on scene and being unable to activate the unit. Use of Audio /Video Recorders - 1 Adopted: 2015105/20 ®1995 -2015 Lexipol, LLC 2015 -2016 San Mateo County Civil Grand Jury 36 Menlo Park Police Department Policy Manual Use of RLIdiolVideo Recorders Members will have discretion to keep recording devices off during conversations with crime witnesses and members of the community who wish to report or discuss criminal activity. When determining whether to record interviews with witnesses and members of the community who wish to share information, members should always consider both the evidentiary value of the recording and the subject's comfortwith speaking on camera. To better capture evidence, it is recommended that members record statements made by witnesses and people sharing information. However, ii a person will not talk unless the recording device is turned off, members may decide that obtaining information is more impartant than recording. At no time is a member expected to place his/her safety in jeopardy in order to activate a recorder or change the recording media. However, the recorder should be activated in all situations as soon as practical. 450.5.1 SURREPTITIOUS USE OF THE AUDIO /VIDEO RECORDER Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the officer reasonably believes that such a recording will be beneficial to the investigation (Penal Code § 633). Members shall not surreptitiously record another department member without a court order or unless lawfully authorized by the Chief of Police or the authorized designee. 450.5.2 SURREPTITIOUS USE OF AUDIONIDEO RECORDER DURING INVESTIGATIONS OF PERSONNEL COMPLAINTS Members are prohibited from surreptitiously recording any conversation in which a person is making a personnel complaint or allegation of such. In these situations, the member taking the complaint shall advise the complaintant that the conversation is being recorded. If the complaintant refuses to be recorded, the member shall discontinue recording, and will indicate this fact in the documentation created regarding the complaint or allegation. It is recommended that a witness member be utilized in cases which a complaintant refuses to be recorded. 450.5.3 CESSATION OF RECORDING Once activated, the portable audio /video recorder should remain on continuously until the member's direct participation in the incident is complete. Recordings may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident, or when speaking to other members outside the presence of involved parties to the incident. Officers shall reactivate the recording device upon reinitiating contact or a new contact with any citizen. 450.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using department - issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on- duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on -duty, whether the recording was created with department - issued or personally owned Use of AudioNideo Recorders - 2 Adopted: 2015/05/20 0 1 995 -201 5 Lempol, LLC 2015 -2016 San Mateo County Civil Grand Jury 37 Menlo Park Police Department Policy Manual Use of AudioNrdeo Recorders recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Members are prohibited from using personally owned recording devices while on -duty. Recordings shall not be used by any member for the purpose of embarrassment or ridicule. Any member who may have questions regarding the application of this policy is encouraged to seek clarification from supervisory personnel. 450.7 RETENTION OF RECORDINGS Members shall upload all digital recorded files in accordance with current procedures for storing digital files, at the end of their shift and anytime the storage capacity is nearing its limit. Any time a member uploads a digital file that will or may be used as evidence in a criminal or non- criminal case, the member shall mark the file with all pertinent information required by the department's digital recording software, and will cause that file to be marked as "evidence" in the system. 450.8 RETENTION OF RECORDS Citizen contact recordings shall be retained for a minimum of (2.5) years. All recordings which are classified as evidence will be retained for a period of time determined by applicable laws and the City of Menlo Park's retention guidelines. 450.9 RELEASE OF RECORDINGS All recordings shall be reviewed by the Custodian of Records prior to public release (see the Records Release and Security Policy). Recordings that unreasonably violate a person's privacy or sense of dignity should not be publicly released unless disclosure by law or order of the court. 450.10 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members should review their recordings as a resource. However, members should not use the fact that a recording was made as a reason to write a less detailed report- Members shall not retain personal copies of recordings- Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct, reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member's performance. Recorded files may also be reviewed: (a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. Use of Au&o /Video Recorders - 3 Adopted: 2015/05/20 ® 1995 -2015 Lempol, LLC 2015 -2016 San Mateo County Civil Grand Jury 38 Menlo Park Police Department Policy Manual Use of RudioNrdeo Recorders (c) In compliance with a public records request, if permitted, and in accordance with the Release of Records and Information Policy. Use of Audio /Video Recorders - 4 Adopted: 2015J05120 0 1995.2015 Lexipol, LLC 2015 -2016 San Mateo County Civil Grand Jury 39 APPENDIX F BODY CAMERAS -MENLO PARK POLICE DEPARTMENT CITIZENS ADVISORY COMMITTEE REPORT Body Cameras - MPPD Citizens Advisory Committee Report 2015!05107 The Citizens Advisory Committee (Committee) to the Menlo Park Police Department is comprised of residents of Menlo Park who have been invited by Chief Robert Jonsen to provide feedback to the Police Department about a range of issues concerning public safety, police department practices and proposals, and to bring issues of interest in the community to the attention of the Chief. Over the course of its 18 months of existence, the Committee has reviewed the use of several surveillance technologies employed by the MPPD, such as license plate readers, fixed cameras, and both audio and video recorders worn by police officers among other issues. Policy 450, Use of Audio/Video Recorders was reviewed by the Committee in January of 2015. Later that month, several members of the Menlo Park City Council expressed concerns about Policy 450, and asked Chief Jonsen to revisit Policy 450 with the Citizens Advisory Committee. The Committee met on Tuesday, March 31, 2015. The sole topic of discussion was proposed revisions to MPPD Policy 450, Use of Audio/Visual Recorders (dated 2015102118). The proposed revisions were presented to the committee by Chief Robert Jonsen and Commander David Bertini. The use of body cameras by law enforcement occurs within a rapidly changing legal and ethical landscape that includes such things as: ■ a push from the highest levels of government to increase the use of body cameras by all U.S. police officers, due in part to the concern of alleged police brutality and the use of deadly force targeting minorities by white police officers, the illicit publication in social media of videos recorded by police officers, the increasing use of video recorders by the public of police activities and arrests, increased revelations of alleged government overreach in surveilling American citizens, the theft or illegal disclosures of private information thought to be secure in public and private computer networks, ■ an evolving and highly nuanced set of opinions and guidelines regarding the use of body cameras from such as Lexipol, the Justice Department's Community Oriented Policing (COPS) office, the American Civil Liberties Union, and the Electronic Frontier Foundation, ■ widely differing practices and policies between police jurisdictions and state laws across the country, ■ concern regarding the widespread sharing of surveillance recordings between local, state, and federal agencies, ■ new innovations within the camera technology from increased battery life and video quality to the introduction of new software features, 1 of 6 2015 -2016 San Mateo County Civil Grand Jury 40 • the need for training officers in the use of this equipment in the field, the processing of the information it gathers, the supervision of the performance of the officers in using the equipment, and the updating of police procedures to reflect changes in law, policies and best practices. On the whole, the Committee agrees with the recommended changes to Policy 450 presented toils. During the Committee's discussion about the proposed changes to Policy 450 we focused on several questions: 1. When should the recorder be turned on? 2. Under what circumstances should the recorder be turned off? 3. What recordings should be retained? 4. How long should recordings be retained? 5. How can policies and procedures rernain current in such a rapidly changing environment? 5. How will the MPPD be able to keep up with the pace of technological innovation; data storage needs, network security, and backup/redundancy requirements? It is important to note that some of the suggestions discussed within the Committee may more properly be addressed in the area of MPPD Procedures rather than Policy 450 itself. 1- When should the recorder be turned on? The Committee agrees with the proposed language in 450.5; that the device be activated "prior to arriving at any in- progress or serious or high priority calls for service." To turn cameras on and leave them on during the entire shift of the police officers presents logistical challenges and also presents significant privacy concerns for the officers as employees of the MPPD. The Committee sees no compelling reason to require cameras to always be on. However, cameras should remain on until such time as the officer is no longer involved with the "involved parties" in the incident. As a best practice, the Committee recornmends that the officer provide a voice narration or verbal note upon activating the recorder. 2- When should the recorder be turned off? Policy 454.3 states that the recorder ca.n be turned off during "significant periods of inactivity such as report writing or other breaks from direct participation in the incident. or when speaking to other members [police officers] outside the presence of involved parties to the incident." This seems reasonable to us. As a best practice, we recommend that the officer provide a voice narration or verbal note upon turning off the recorder, noting why the recorder is being turned off. 2or6 2015 -2016 San Mateo County Civil Grand Jury 41 There was discussion about when an officer can choose to turn off a recorder at the request of an individual who may wish to not be recorded and/or will refuse to speak with an officer if the recorder is not turned off. Even though a person speaking with a police officer may not have an expectation of privacy, in some instances such a person may express concerns for their personal welfare or safety if they provide information to the police. The use of a body camera may heighten that concern and lead someone to "clam up." We hope that such circumstances would be uncommon, and that officers should be provided with the discretion to turn off the recorder if, in their judgmerit, valuable information might otherwise not be forthcoming. As a best practice, we recommend that the police officer record the request by the person being interviewed to "turn off the camera" to preclude any question as to why the device was turned Off. 3. What recordings should be retained? When recordings are uploaded to the MPPD servers, video segments ]portions between the activation of start recording and the activation of stop recording on the device] can be "flagged" by officers. Ordinary conversations between officers with citizens they encounter during the course of the day about the weather or sports should not be flagged. Care must be exercised to not allow the flagging of every encounter out of an abundance of caution about possible but improbable actions. Police officers must, of course, flag anything that might be of evidentiary value. They must also use their own judgment; subject to review by their supervisor, of any interactions which may lead to a citizen complaint. 3of6 2015 -2016 San Mateo County Civil Grand Jury 42 4. How long should recordings should be retained? State Law: California Government Code §34090.6' requires that all recordings be retained for one year, after which they maybe destroyed. Federal Law: The statute of limitations for bringing suit under a Federal Civil Rights complaint under §1983 is two years (in California), plus notifications? MPPD Policy: There is no statute of limitations within the policies of the MPPID for citizen complaints. With various legal requirements and periods for citizens bringing suits or complaints ranging from one year to infinity, few people argue in favor of infinite storage of such records. So what is a reasonable compromise between a minimum of one year (as required by state law) and infinity? The MPPD recommends a period of 2.5 years as a means of protecting both the City and individual police officers from significant financial liabilities should either or both be successfully sued. A clear majority of the Committee agrees with this recommendation. Experts in risk management would generally agree as well.3 1 34080.6. (a) Notwithstanding the provisions of Section 34090, the head of a department of a city or city and county, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the department. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending Iitigation, they shall be preserved until pending litigation is resolved. (b) For purposes of this section, "recordings of telephone and radio communications" means the routine daily recording of telephone communications to and from a city, city and ccunly, or department, and al radio communications relating to the operations of the departments- (c) For purposes of this section, "routine video monitoring" means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the departments described in subdivision (a), including mobile in -car video systems, jail observation and monitoring systems, and building security recording systems. (d) For purposes of this section, "d apart in ant' includes a public safety communications center operated by the city or city and county. 2 Every person who, under celor of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding far redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia- 3 A minority of the Committee suggests that financial risk is not the only factor that should be considered in determining the length of data retention. The privacy rights of citizens, one could argue, are priceless. Sir William Blackstone famously wrote that `the law holds it better that ten guilty persons escape, than that one innocent party suffer." And while the amount of video data held by the IMP PD on any individual citizen may be relatively small, the accumulated data held by other government bodies and corporations is huge. And it is the aggregate of such data that concerns many civil liberties advocates, and aggregation that can be completed surreptitiously without the knowledge or consent of the hundreds of entities that each hold a piece of ft. The existence of such technology and parties willing to use it therefore argue that each piece of data be held for the absolute minimum of amount of time to mitigate against such risks. 4 ol6 2015 -2016 San Mateo County Civil Grand Jury 43 While the statute of limitations for citizen complaints against a police officer is unlimited, the sole remedy available to citizens who make such complaints are limited to disciplinary action against an officer. Therefore, there is no financial risk to the City. 5. How can policies and procedures remain current in such a rapidly changing environment? As stated in the outset of this document, the legal landscape, public opinion, and technology related to body cameras is rapidly evolving. The Committee believes that it is imperative that Policy 450 be subjected to regular review and scrutiny by the MPPD and the citizens for the foreseeable future. The MPPD relies upon Lexipol for information concerning the changing legal landscape and best practices in many areas including Policy 450. We encourage them to continue this practice and to recommend policy and procedural changes as warranted. Furthermore, the citizens of Menlo Park should be made aware of the information about Policy 450 that is available on the City's website and encouraged to voice their opinion through conversations with the MPPD and their elected officials. 6. How will the MPPD be able to keep up with the pace of technological innovation, data storage needs, network security, and backup /redundancy requirements? Emerging technologies such as facial and voice recognition, background images, correlation of body camera data with other surveillance data sets, pressure to share data between jurisdictions, and cross mining practice (aka "big data") could create additional questions and dilemmas that will require deep conversation and consideration. The MPPD will face an enormous challenge of storing all of this data; securing it internally and against outside threats, and protecting it from physical damage. Few systems can withstand an attack from determined hackers such as those that go by the name "anonymous." Criminals and government -based hacking programs are also able to penetrate most systems almost at will. Should a fire occur in the MPPD data center the results could be catastrophic. The department needs to take all practicable steps necessary in infrastructure and security systems to protect the data itself and, more importantly, the privacy and integrity of the information. The systems need to be future proofed so that evidence that is committed to a backup system in 2015 will still be readable by computers in 2044. Conclusion This is the first time the Committee has been asked by the City Council to weigh -in on issue of such public interest. The Committee is an unelected body and does not report to the Council. We are a non - political group, and we serve at the pleasure of the Chief of Police. We appreciate the opportunity to serve the Chief in the capacity of a citizen "sounding board" and to bring our own ideas to MPPD through our regular meetings. If the City Council concludes that there is a 5of6 2015 -2016 San Mateo County Civil Grand Jury 44 need for a group focused on the MPPD an official Commission should be formed. We are not advocating for this but neither are we prepared to serve in a capacity beyond that for which we were originally formed. Issued: May 24, 2016 6of6 2015 -2016 San Mateo County Civil Grand Jury 45 Date Honorable Joseph C. Scott Judge of the Superior Court C/o Charlene Kresevich Hall of Justice 400 County Center; 2nd Floor Redwood City, CA 94063 -1655 Subject: City of South San Francisco Response to Grand Jury Report "Body Cameras -The Reel Truth" Dear Judge Scott: Thank you for the opportunity to review and comment on the above referenced Grand Jury report regarding body -worn cameras. After reviewing the Grand Jury report and all available data pertaining to our community, below are the City of South San Francisco's responses to the findings and recommendations contained in the report. Responses to Grand Jury Findings: Fl. The Atherton, Belmont, Foster City, Hillsborough, and Menlo Park Police Departments have deployed body -worn camera systems. Response: The City agrees with this finding. F2. The Sheriff's Office and five of the city police departments that have not deployed body -worn cameras all expressed similar concerns regarding the implementation of these systems, the cost of equipment, the cost of data retention, and policy development. Response: The City agrees with this finding. F3. The Atherton, Belmont, Foster City, Hillsborough, and Menlo Park Police Departments have budgeted sufficient funds to manage the cost of equipment, data retention, and training. Response: The City takes no position on this finding. F4. The Atherton, Belmont, Foster City, Hillsborough, and Menlo Park Police Departments have developed written policies regarding the operation and data retention of body -worn camera systems as well as the protection of the rights of the community and police officers. Hillsborough is in the process of developing a similar policy. Response: The City agrees with this finding. F5. Many local law enforcement agencies that currently do not employ body -worn cameras acknowledge that these systems are beneficial and will likely be implemented in the future either voluntarily or by mandate. Response: The City agrees with this finding. Responses to Grand Jury Recommendations: RI. The Grand Jury recommends that the councils of those cities /towns that have not adopted body -worn cameras direct their respective chiefs of police to develop an appropriate body -worn camera implementation plan and advise the public of their plan by November 30, 2016. Response: The City is in the process of implementing this recommendation and has directed the Chief of Police to develop an appropriate body -worn camera implementation plan and will advise the public of that plan by November 30, 2016. R2. The Grand Jury recommends that the San Mateo County Sheriff's Office develops a plan to implement body -worn cameras and advise the public of this plan by November 30, 2016. Response: This recommendation does not apply to the City of South San Francisco. R3. The Grand Jury recommends that the police departments of those cities, towns, and the Broadmoor Police Protection District that have not adopted body -worn cameras implement a body -worn camera system as soon as practicable but, in any event, no later than October 31, 2017. Response: The City is in the process of adopting and implementing a body -worn camera system and will complete the project no later than October 31, 2017. R4. The Grand Jury recommends that the San Mateo County Sheriff's Office implement a body -worn camera system as soon as practicable but, in any event, no later than October 31, 2017. Response: This recommendation does not apply to the City of South San Francisco. Sincerely, City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -563 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Staff Report Agenda Number: 14. Report regarding a resolution authorizing the acceptance of a $ 5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA to repave the basketball court at Francisco Terrace Playlot and amending the Parks and Recreation Department 2016 -2017 operating budget. (Sharon Ranals, Director, Parks and Recreation) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution accepting a donation in the amount of $5,000 from Bimbo Bakeries USA to repave the basketball court at Francisco Terrace Playlot and amending the Parks and Recreation Department 2016 -2017 operating budget. BACKGROUND /DISCUSSION The renovation of the main portion of the Francisco Terrace Playlot was completed in July 2015 as part of the City's Capital Improvement Plan (CIP). At that time, the City replaced existing playground equipment with age- appropriate equipment that is compliant with current playground standards. The project also improved ADA accessibility from the entrance off of Francisco Drive and S. Spruce Avenue. Since then, the City has completed and continues to work on other maintenance and repair projects at this site as an extension of the main CIP project, and also supported by Community Development Block Grant (CDBG) and Parks Minor Maintenance funding. These projects include: • Replacing the fiber wood chip surfacing in the play area with poured -in -place rubber (completed in May 2016); • Replacing a failing retaining wall (construction to begin end of June 2016); and • Resurfacing and restriping of the basketball court (construction to begin after completion of the new retaining wall, tentatively scheduled in September 2016). Bimbo Bakeries USA has generously offered to donate $5,000 to facilitate the basketball court resurfacing project, which will defray a majority of the $7,300 total estimated cost of resurfacing. Following the completion of these exciting enhancements at the Francisco Terrace Playlot, Improving Public Places (IPP) will host a clean -up event and their annual "meet and greet" on City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -563 Sunday, October 2, LOAM to noon at the site, during which the slope above the new retaining wall will be landscaped. FUNDING Funds from this donation will be used to amend the Parks and Recreation Department's 2016 -2017 operating budget. Receipt of these funds does not commit the City to ongoing funding. CONCLUSION Receipt of these funds will defray a portion of the $7,300 cost of repaving the basketball court at Francisco Terrace Park. It is recommended that the City Council accept $ 5,000 in grant funding and amend the Parks and Recreation Department's fiscal year 2016 -2017 operating budget. City of South San Francisco Page 2 Printed on 7/26/2016 aiMao x Bakeries USA"1= June 10, 2016 Sharon Ranals Director of Parks and Recreation City of South San Francisco 33 Arroyo Drive South San Francisco, CA 94080 Dear Ms. Ranals, On behalf of the Good Neighbor Program at the Bimbo Bakeries USA South San Francisco Bakery, I am pleased to submit a donation of $5,000 to the Parks and Recreation Department of the City of South San Francisco. We request that the donation in full be used to re -pave the basketball court at Francisco Terrace Park. Sincerely, Victor V. Cid Plant Manager Bimbo Bakeries USA —South San Francisco Plant City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -567 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 14a. Resolution authorizing the acceptance of a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA to repave the basketball court at Francisco Terrace Playlot and amending the Parks and Recreation Department 2016 -2017 operating budget. WHEREAS, the City of South San Francisco ( "City ") Parks and Recreation Department oversees the maintenance of Francisco Terrace Playlot; and WHEREAS, the renovation of the Francisco Terrace Playlot is part of the City's Capital Improvement Plan and Parks Minor Maintenance priorities; and WHEREAS, renovation of the Francisco Terrace Playlot is scheduled to be completed in September 2016; and WHEREAS, Bimbo Bakeries USA has generously offered to donate $5,000 to facilitate the basketball court resurfacing project, which will defray a majority of the $7,300 total estimated cost of resurfacing; and WHEREAS, staff recommends the acceptance of this donation in the amount of $5,000 from Bimbo Bakeries USA; and WHEREAS, the foregoing donation will be used to amend the fiscal year 2016 -2017 operating budget of the Parks and Recreation Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby accepts a $5,000 donation from Bimbo Bakeries USA and amends the Parks and Recreation Department's 2016 -2017 operating budget in order to reflect an increase of $5,000. City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -567 City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -564 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Staff Report Agenda Number: 15. Report regarding a resolution authorizing the acceptance of $15,000 in grant funding from the Kaiser Permanente Community Benefit Program to support Project Read's health literacy programming and amending the Library Department's 2016 -2017 Operating Budget. (Valerie Sommer, Library Director) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution accepting grant funding in the amount of $15,000 from the Kaiser Permanente Community Benefit Program to support Project Read's Health Literacy programming, and amending the Library Department's 2016 -2017 Operating Budget. BACKGROUND /DISCUSSION The Kaiser Foundation Hospitals ( "KFH "), Northern California Community Benefit Programs Division has awarded $15,000 in grant funding to support Project Read's Health Literacy programming at the Community Learning Center (CLC). Project Read staff will provide a "Family, Food & Fitness Program" for 85 elementary school children and their families who are enrolled in after school homework and enrichment programs. Participants will attend a series of workshops designed to help families and children make healthy choices when creating family menus, cooking meals, and packing school lunches. Activities will include cooking demonstrations, nutrition education classes, and physical fitness activities. Children will receive free, fun, health - themed books for their home libraries. FUNDING Grant funds received will be used to amend the Library Department's current fiscal year 2016 -2017 Operating Budget. Funds not expended by the end of fiscal year 2016 -2017 will be carried over into fiscal year 2017 -2018. Receipt of these funds does not commit the City to ongoing funding. CONCLUSION Receipt of these funds will enable the Library to provide health literacy programs through Project Read. It is recommended that the City Council accept $15,000 in grant funding to support Project Read programming and amend the Library Department's fiscal year 2016 -2017 Operating Budget. City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -564 City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -565 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 15a. Resolution authorizing the acceptance of $15,000 in grant funding from the Kaiser Permanente Community Benefit Program to support Project Read's health literacy programming and amending the Library Department's 2015 -2016 Operating Budget. WHEREAS, the City of South San Francisco ( "City ") Library Department established Project Read to assist adults and their families in reaching literacy goals; and WHEREAS, the Library Department has been awarded $15,000 in grant funding by Kaiser Permanente Community Benefit Program to support Project Read health literacy programming at the Community Learning Center; and WHEREAS, staff recommends the acceptance of grant funding in the amount of $15,000 to support Project Read programming; and WHEREAS, receipt of these grant funds does not commit the City to commit to ongoing funding; and WHEREAS, the foregoing grant funds will be used to amend the Library Department's 2016 -2017 Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $15,000 in grant funding from Kaiser Permanente Community Benefit Program and amends the Library Department's 2016 -2017 Operating Budget in order to reflect an increase of $15,000. City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -565 City of South San Francisco Page 2 Printed on 7/26/2016 ..Title Resolution authorizing the acceptance of $15,000 in grant funding from the Kaiser Permanente Community Benefit Program to support Project Read's health literacy programming and amending the Library Department's 2016 -2017 Operating Budget. ..body WHEREAS, the City of South San Francisco ( "City ") Library Department established Project Read to assist adults and their families in reaching literacy goals; and WHEREAS, the Library Department has been awarded $15,000 in grant funding by Kaiser Permanente Community Benefit Program to support Project Read health literacy programming at the Community Learning Center; and WHEREAS, staff recommends the acceptance of grant funding in the amount of $15,000 to support Project Read programming; and WHEREAS, receipt of these grant funds does not commit the City to commit to ongoing funding; and WHEREAS, the foregoing grant funds will be used to amend the Library Department's 2016- 2017 Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $15,000 in grant funding from Kaiser Permanente Community Benefit Program and amends the Library Department's 2016 -2017 Operating Budget in order to reflect an increase of $15,000. City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Staff Report File Number: 16 -566 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Staff Report Agenda Number: 16. Report regarding a resolution authorizing the acceptance of $35,000 in grant funding from the Woodlawn Foundation to support Project Read's Learning Wheels family literacy program and amending the Library Department's 2016 -2017 Operating Budget. (Valerie Sommer, Library Director) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $35,000 in grant funding from The Woodlawn Foundation to support Project Read's Learning Wheels family literacy program and amending the Library Department's 2016 -2017 Operating Budget. BACKGROUND /DISCUSSION Project Read has been awarded funding from The Woodlawn Foundation to support family literacy services for low income, low literacy families in North San Mateo County. Learning Wheels, the Library's mobile literacy program, brings storytimes, literacy activities, free books and family workshops to those areas with limited access to the Library. Each month Learning Wheels visits over 400 families at preschools, transitional housing locations, social service agencies, and health clinics, as well as participating in community events. In the past year, Learning Wheels Family Literacy program distributed over 4,870 books and delivered 190 storytimes to families throughout the community. In addition, Learning Wheels provides information and brochures about safety net services available to underserved families. Funding from The Woodlawn Foundation allows Project Read's Learning Wheels to continue providing vital services to residents of South San Francisco. FUNDING Grant funds will be used to amend the Library Department's current fiscal year 2016 -2017 Operating Budget. Receipt of these funds does not commit the City to ongoing funding. CONCLUSION Receipt of these funds will support the Learning Wheels Family Literacy program for low City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -566 income, low literacy families. It is recommended that the City Council accept $35,000 in grant funding and amend the Library Department's fiscal year 2016 -2017 Operating Budget. City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -568 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 16a. Resolution authorizing the acceptance of $35,000 in grant funding from the Woodlawn Foundation to support Project Read's Learning Wheels family literacy program and amending the Library Department's 2016 -2017 Operating Budget. WHEREAS, the City of South San Francisco ( "City ") Library Department established Project Read to assist adults and their families in reaching literacy goals; and WHEREAS, Learning Wheels, a program of Project Read, provides literary services to low- income, hard to reach families in South San Francisco and surrounding cities through site visits; and WHEREAS, the Woodlawn Foundation has awarded the City $35,000 in grant funding to support Learning Wheels; and WHEREAS, staff recommends the acceptance of the grant funding in the amount of $35,000 from the Woodlawn Foundation to support Learning Wheels, a program of Project Read; and WHEREAS, the foregoing grant funds will be used to amend this year's Operating Budget of the Library Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $35,000 in grant funding from the Woodlawn Foundation and amends the Library Department's 2016 -2017 Operating Budget in order to reflect an increase of $35,000. City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -568 City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -574 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Staff Report Agenda Number: 17. Report regarding a resolution approving the Participation Agreement with the County of San Mateo Sheriff's Office Gang Intelligence and Investigation Unit (GIU). (Jeff 4=opardi, Police Chief) ..label RECOMMENDATION It is recommended that City Council adopt a resolution approving the Participation Agreement with the County of San Mateo Sheriff's Office Gang Intelligence and Investigation Unit (GIU), and assigning one South San Francisco Police Officer to the GIU. BACKGROUND /DISCUSSION The assignment of a South San Francisco Police Department (SSFPD) Officer to the San Mateo County Sheriff's Office Gang Intelligence and Investigation Unit (GIU) will enable the City and the Police Department to continue to abate gang activity. Partnering with the GIU will provide an important opportunity for officers wishing to expand their expertise in gang related investigations and act as liaison between SSFPD and this vital countywide unit. The mission of the GIU is to collect, evaluate, analyze and disseminate information related to criminal events, primarily those that are gang related. The GIU is also responsible for assisting with countywide training, long -term investigations including surveillance and other specialized investigative techniques, with the emphasis on dismantling gangs affecting San Mateo County and the San Francisco Bay Area. The County and City wish to assign a SSFPD Police Officer to the GIU so that both parties may better assist one another in the detection, apprehension, and prosecution of gang related criminal activity. It should be noted that an SSFPD Police Officer was previously assigned to the GIU from 03/27/2011 to 10/30/15 with great success. The Participation Agreement formalizes the terms of the assignment, defines the relationship between parties, and outlines cost sharing and reimbursement parameters. The SSFPD will receive a reimbursement of $90,000 per year to cover the partial salary of the officer assigned to the GIU. The San Mateo County Sheriff's Office will also provide an unmarked police car and cellular telephone for the SSFPD officer assigned to the GIU. The agreement is for a two -year term. City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -574 FUNDING The County will provide reimbursement of $90,000 annually to cover the partial salary of the officer assigned to the GIU. This effort has been budgeted in the Fiscal Year 2016 -17 Budget. CONCLUSION Adoption of the attached resolution will authorize the City to execute a Participation Agreement with San Mateo County to assign one South San Francisco Police Officer to the San Mateo County Gang Intelligence and Investigation Unit. Attachment: 1. Participation Agreement City of South San Francisco Page 2 Printed on 7/26/2016 COUNTY OF SAN MATEO OFFICE OF THE SHE 400 COUNTY CENTER o REDWOOD CITY CALIFORNIA 94063 -1662 May 27, 2016 Chief Jeff Azzopardi South San Francisco Police Department 33 Arroyo Drive South San Francisco, Ca. 94080 RE: San Mateo County Gang Intelligence Unit (GIU) Participation Ag Dear Chief Azzopardi: GREG MUNKS SHERIFF CARLOS G. BOLANOS UNDERSHERIFF FFTRISHA L. SANCHEZ ASSISTANT SHERIFF TOM GALLAGHER ASSISTANT SHERIFF (650) 599 -1664 o www.smcsheriff.com ADDRESS ALL COMMUNICATIONS TO THE SHERIFF The San Mateo County Gang Intelligence Unit (GIU), created in 2005, invollves the resources of local, state, and federal law enforcement agencies. In 2006, the Board of Supervisors (Resolution No. 068401) granted the Sheriff authority to execute participation agreements with other) law enforcement agencies that are involved in the GIU allocating funds of $180,000, for two city assigned officers or $90,000 per officer. The County of San Mateo ( "County "), and the City of South San Francisco law enforcement functions relating to the detection, apprehension, and pro; activity. Accordingly, the parties desire to enter into an agreement pursuant forth as follows. It is necessary and desirable that City temporarily assign one peac GIU's efforts to investigate and suppress of criminal activity involvir Officer will remain an employee solely of City and City understandE officer are performed as an independent contractor and not as an e neither City nor its employees acquire any of the rights, privileges, County employees. Any South San Francisco Officer will be deemed to be continuing 1 even though the Officer will be working under the supervision and Any injury, traffic accident, disability, or death incurred by the Sout working with the GIU shall be deemed to have arisen out of and to course of the assigned Officer's employment with the City. Any So assigned to the GIU who sustains an injury arising out of and in the GIU shall be accorded by the City all of the same benefits, includir Benefits, which he or she would have received if he or she had bet direction of the City. "City "), wish to collaborate in ecution of gang related criminal to the terms and conditions set s officer ( "Officer ") to assist the g gangs. City's assigned that the work performed by its mployee of County and that )owers, or advantages of ider the employment of the City irection of the GIU Sergeant. San Francisco Officer while lave been sustained in the th San Francisco Officer course of his /her work with the Workers Compensation i acting under the immediate If an Officer, or anyone on his or her behalf, files a claim for Worker ' Compensation against the County for an injury claimed to have been sustained while working ith the GIU, the City shall indemnify, defend, and hold harmless the County. 2. PAYMENTS In consideration of the services provided by City's assigned Officer, County agrees to reimburse City in an amount not to exceed $90,000 annually. Reimbursem nt shall be made in quarterly installments of $22,500. Reimbursement will be made based on an invoice generated by City and County's acceptance. County shall pay City within thirty (30) days of receipt of invoice. If County disagrees with any portion of an invoice, the County shall promptly notify City of the disagreement, and the County and the City shall attempt to resolve the disagreement. The County shall pay the undisputed portion of any invoice within 30 days, and County's payment of any amounts shall not constitute a waiver of any disagreement. County will supply the assigned Officer with a vehicle (excluding gas), available cellular phone, and laptop computer. Subject to compliance with all terms and conditions, the term of this agreement is July 1, 2016 through June 30, 2018. Any party wishing to terminate this agreem nt shall provide the other party fifteen (15) days written notice. This agreement may be terminated by City or County without a requirement of good cause. County may terminate this ag Bement or a portion thereof based upon availability of federal, state or GIU funds by providing written notice to City as soon as is reasonable possible after unavailability of funding is made known. In the event of termination, City shall be entitled to receive paymen for work/services provided prior to termination of this agreement. 4.1 It is agreed that City shall defend, hold harmless, and indemnify County and its officers, employees, agents, and servants from any and all claims, sui kind, and description brought by a third party which arise out c this agreement and which result from the acts or omissions of employees, agents, and servants, including any law this agreement 4.2 City shall defend, hold harmless, and indemnify County from for wages, salaries, benefits, taxes, and all other withholdings respect to, City's representatives for services provided under t 4.3 It is agreed that County shall defend, save harmless, and inde employees, agents, and servants from any and all claims, suit: kind, and description brought by a third party which arise out o this agreement and which result from the acts or omissions of employees. or actions of every name, the terms and conditions of ;ity and /or its officers, nt officer assigned pursuant to against any and all claims d charges payable to, or in agreement. unify City and its officers, or actions of every name, the terms and conditions of :,ounty and /or its officers and 4.4 The duty of each party to defend, hold harmless, and indemnif the other as set forth herein shall include the duty to defend as set forth in Section 2778 of he California Civil Code. 4.5 In the event of concurrent negligence (or intentional /reckless aICts) of County and /or its San Mateo County Gang Intelligence Unit (GIU) Participation Agreement San Mateo County Sheriff's Office I South San Francisco Police Page 12 officers and employees, on the one hand, and City and /or its officers, employees, agents, and servants, on the other hand, then the liability for any and Oil claims for injuries or damage to persons and /or property which arise out of terms agreement shall be apportioned according to the California i San Mateo County Gang Intelligence Unit (GIU) Participation Agreement San Mateo County Sheriffs Office I South San Francisco Police conditions of this V of comparative fault. Page 13 Please sign below if you agree to the terms and conditions established by t is agreement. Sincerely, Greg Munks, Sheriff AGREED: J Wl`-Azzoo4di, Chief of Police Date South San Francisco Police Department n2 7 -s ^l6 Greg Munks, Sheriff Date San Mateo County Sheriff's Office San Mateo County Gang Intelligence Unit (GIU) Participation Agreement San Mateo County Sheriffs Office I South San Francisco Police Page 14 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -587 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 17a. Resolution approving the Participation Agreement with the County of San Mateo Sheriff's Office Gang Intelligence and Investigation Unit. WHEREAS, the San Mateo County Gang Intelligence Unit (GIU), created in 2005, involves the resources of local, state, and federal law enforcement agencies; and WHEREAS, in 2006, the Board of Supervisors (Resolution No. 068401) granted the Sheriff authority to execute participation agreements with other law enforcement agencies that are involved in the GIU allocating funds of $180,000, for two city assigned officers, or $90,000 per officer; and WHEREAS, the County of San Mateo ( "County "), and the City of South San Francisco ( "City "), wish to collaborate in law enforcement functions relating to the detection, apprehension, and prosecution of gang related criminal activity; and WHEREAS, the City is willing to provide one officer for the GIU, and in exchange the County agrees to reimburse the City in an amount not to exceed $90,000, annually; and WHEREAS, the term of the agreement will be effective July 1, 2016 through June 30, 2018. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves the San Mateo County Sheriff's Office Gang Intelligence Unit (GIU) Participation Agreement. BE IT FURTHER RESOLVED that the City Manager and Police Chief are hereby authorized to execute the Participation Agreement on behalf of the City of South San Francisco, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is authorized to take any additional action consistent with the intent of this resolution. City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -587 City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -588 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Staff Report Agenda Number: 18. Report regarding a Resolution approving Amendment No. 2 to the Employment Agreement between the City of South San Francisco and Michael Futrell for service as City Manager (Jason Rosenberg, City Attorney) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution approving Amendment No. 2 to the Employment Agreement between Michael Futrell and the City of South San Francisco. BACKGROUND /DISCUSSION The City Council requested that I prepare an amendment to the employment agreement with Michael Futrell to extend the term of the existing employment agreement, through April 6, 2019. The amendment to the employment agreement also modifies Mr. Futrell's annual base salary from $242,050 to $252,050. The amendment also provides Mr. Futrell with a 401(a) defined contribution pension plan. The City will contribute to the 401(a) plan subject to limitations under PEPRA and federal law. There are no other changes to Mr. Futrell's contract. The proposed amendment is attached to the Resolution as Exhibit A. City of South San Francisco Page 1 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -589 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 18a. Resolution approving Amendment No. 2 to the Employment Agreement between the City of South San Francisco and Michael Futrell for service as City Manager. WHEREAS, on March 12, 2014, the City Council approved by resolution an employment agreement with Michael Futrell for services as City Manager of the City of South San Francisco and Executive Director of the Successor Agency to the Redevelopment Agency of the City of South San Francisco ( "Employment Agreement "); and, WHEREAS, on June 24, 2015, the City of South San Francisco approved Amendment No. 1 to the Employment Agreement. WHEREAS, the City of South San Francisco and Michael Futrell hereto desire to further amend the Employment Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that Amendment No. 2 to the Employment Agreement, attached hereto as Exhibit A, is hereby approved; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Amendment No. 2 to the Employment Agreement on behalf of the City of South San Francisco. City of South San Francisco Page 1 Printed on 7/26/2016 EXHIBIT A AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT BETWEEN MICHAEL FUTRELL AND THE CITY OF SOUTH SAN FRANCISCO DATED MARCH 12, 2014 RECITALS WHEREAS, on March 12, 2014, the City of South San Francisco and Michael Futrell entered into an Employment Agreement for services as City Manager of the City of South San Francisco and Executive Director of the Successor Agency to the Redevelopment Agency of the City of South San Francisco ( "Employment Agreement "); and WHEREAS, the parties previously entered into Amendment No. 1 to the Employment Agreement; and WHEREAS, the parties now seek to further amend the Employment Agreement to modify the terms. NOW, THEREFORE, the parties hereto agree as follows: Section 1(A) is hereby amended to read as follows: A. This Agreement shall remain in full force in effect from April 7, 2014 through April 6, 2019, unless terminated by the Employer or Employee as provided in Section 9 or Section 11 of this Agreement. 2. Section 3(A) is hereby amended to read as follows: A. Base Salary: Employer agrees to pay Employee an annual base salary of two hundred and fifty two thousand and fifty dollars ($252,050), effective April 27, 2016, payable in installments at the same time that the other management employees of the Employer are paid. 3. Section 7(E) is hereby added to read as follows: E. Defined Contribution: Employer will provide a 401(a) retirement plan for Employee to participate in. Employer will contribute a percentage of Employee's income to the plan subject to the following limitations: i. Employer shall only provide contributions to the plan for Employee's income in excess of the limitation set forth in California Government Code § 7522.10(c) ($117,020 as of June 28, 2016); and ii. Employer will not make contributions to the 401(a) plan for any portion of Employee's pay in excess of the Section 401(a) compensation cap established in 26 U.S.C. § 401(a)(17) ($265,000 as of June 28, 2016); iii. Contributions to the 401(a) plan shall be made at a rate, as a percentage of pay, equal to Employer's contribution rate required to fund Employee's Ca1PERS defined benefit compensation plan (25.053% as of June 28, 2016, and 27.822% effective July 1, 2016); and iv. Employer contributions shall comply with all federal requirements governing 401(a) plans and all state laws governing Ca1PERS participants. v. Employer contributions to Employee's 401(a) plan will terminate upon the expiration or termination of this Agreement. All other terms of the Employment Agreement and Amendment No. 1 not modified by this Amendment No. 2 shall remain in full force and effect. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Mayor City of South San Francisco Michael Futrell 2 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -513 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Staff Report Agenda Number: 19. Report regarding a resolution approving Consulting Services Agreement with Du -All Safety for Safety Program Consultant, in an amount not to exceed $125,000 and authorizing the City Manager to execute the Agreement. (LaTanya Bellow) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution approving a consulting services agreement with Du -All Safety for Safety Program Consultant services not to exceed $125,000 and authorizing the City Manager to sign the agreement. BACKGROUND /DISCUSSION On February 24, 2016, the City Council approved the acquisition and funding for the position of Safety Program Consultant, to be managed by the Human Resources Department, as part of the FY 2015 -16 financial report and budget. The proposed contract is to address the position and funds allocated for this position. The proposed contract is for a limited -term employee to create, promote and manage safe working conditions, implement injury prevention programs, educate the workforce and enforce safety as a priority in order to reduce the workers' compensation injuries fiscal impact and increase employee safety for the City. Staff followed the City's Administrative Instructions on purchasing procedures in procuring professional services. Requests for quotes were solicited from Du -All Safety, EORM and Safety Compliance for an onsite consultant, two to three days per week, to develop and implement a safety program. Du -All Safety provided a program proposal that aligned with the City's needs and budget, and was selected. Du -All Safety is well -known among local public agencies and supports many of our neighboring cities, such as the cities of San Mateo and Brisbane. FT TATnTAT! = The original contract is for $125,000 for an initial term of one -year. Funds are included in the 2016 -2017 operating budget. rnrTC'T T TcrnrT Approving a resolution to award the consulting services agreement with Du -All Safety for the City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -513 Safety Program Consultant will allow the City to better manage the causes and effects of safety accidents in an effort to protect our employees from injury and reduce the cost to the City. Attachments: 1. Consulting Services Agreement City of South San Francisco Page 2 Printed on 7/26/2016 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND DU -ALL SAFETY THIS AGREEMENT for consulting services is made by and between the City of South San Francisco ( "City ") and Du-All Safety ( "Consultant ") (together sometimes referred to as the "Parties ") as of July 15, 2016 (the "Effective Date "). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on July 15, 2017, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $125,000 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du-All Safety Page 1 of 14 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: • Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); • The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; • The amount and purpose of actual expenditures for which reimbursement is sought; The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last ten percent (10 %) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du-All Safety Page 2 of 14 In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown in Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are included in the full -day and half - day rate as expressed in Exhibit C. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non - California subcontractors as required by law. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du-All Safety Page 3 of 14 Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self - insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du -All Safety Page 4 of 14 The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liabilitv Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self- insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims -made limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du -All Safety Page 5 of 14 the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self- insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self- Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant'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 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. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du-All Safety Page 6 of 14 volunteers. The Contract Administrator may condition approval of an increase in deductible or self- insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a "wasting" policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and /or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du -All Safety Page 7 of 14 certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and /or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and /or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du -All Safety Page 8 of 14 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what -so -ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du -All Safety Page 9 of 14 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. E, Otte , 11144UINr1_1ki1II &W_ ,10b117a: *ell :11*1 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du -All Safety Page 10 of 14 confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and /or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Resaonse to an Invitation to Bid or Reauest for Proaosals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as "Confidential," "Business Secret" or "Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du -All Safety Page 11 of 14 prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du-All Safety Page 12 of 14 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by LaTanya Bellow ( "Contract Administrator "). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: City: Du-All Safety 45950 Hotchkiss Street Fremont, CA 94539 safety(cD_du- all.com / (510) 651 -8289 City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped /sealed and signed by the licensed professional responsible for the report /design preparation. The stamp /seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report /design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du-All Safety Page 13 of 14 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. The Parties have executed this Agreement as of the Effective Date. City Manager Attest: Krista Martinelli, City Clerk Approved as to Form: City Attorney 2051688.4 Consultants Mike Connelly DU -ALL SAFETY Consulting Services Agreement between [Rev:2.13.2014] June 6, 2016 City of South San Francisco and Du-All Safety Page 14 of 14 _A_1&_ DU- ALLSAFfTY EXHIBIT A SCOPE OF SERVICES MEMORANDUM of AGREEMENT for Environmental Health & Safety Maintenance This Agreement is entered into by and between The City of South San Francisco, with its principal offices at 400 Grand Ave., So. San Francisco CA (Client) and Du -All Safety, LLC, located at 45950 Hotchkiss St, Fremont, CA (Du -All Safety) for the purpose of providing environmental health and safety consultation. The undersigned party (hereafter referred to as "Client ") hereby agrees to the development and implementation of safety programs, employee training and compliance services by Du -All Safety, not to exceed 103 hours per month, as directed by the Client, based on Services Summary below: I. Services Summary: The following service summary is a menu of support services available to be provided, as requested by the client: a) Provide assessments of, development of, or updates to, written safety programs, policies, and procedures. Including, but not limited to: • Aerosol Transmissible Diseases (ATD), 8 CCR 5199. • Asbestos, 8 CCR 1529. • Bloodborne Pathogen, 8 CCR 5193. • Chemical Hygiene Plan, 8 CCR 5191 • Codes of Safe Practices, 8 CCR 1509 • Confined Space, 8 CCR 5157. • Emergency Action Plan, 8 CCR 3220. • Ergonomics, 8 CCR 5110. • Electrical Safety, NFPA 70E. • Fall Protection, 8 CCR 1669. • Fire Prevention Plan, 8 CCR 3221 • Hazard Communication, 8 CCR 5194. • Heat Illness Prevention, 8 CCR 3395. • Hearing Conservation, 8 CCR 5099. • Hotwork, 8 CCR 4848. • Injury & Illness Prevention, 8 CCR 3203. • Lockout & Tagout, 8 CCR 3314. • Personal Protective Equipment (PPE), 8 CCR 3380. • Respiratory Protection, 8 CCR 5144. • Rigging, 8 CCR 4999 • Workplace Violence, 8 CCR 3203. 45950 HOTCHKISS STREET • FREMONT, CA 94539 • TEL: (510) 651 -8289 • FAX: (510) 651 -8937 http:Hwww.du- all.com • E -mail: safety @du - all.com Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU-ALL SAFETY - Exhibit A Page 1 of 5 b) Assist with the following safety recordkeeping requirements: • Accident Investigations • Required Posting • Inspections & Assessments • Safety Training Records • Industrial Hygiene Surveys • CAL/OSHA 300 Log • Employee Communications • Safety Committee Meeting Minutes • Medical Surveillance c) Provide assessments of, development of, or updates to, written environmental health programs and related permits. The environmental services and written programs that are available include: • Air Quality Management District Air Permits, Local Regulation. • Hazardous Materials Business Plan, CH&SC 25500. • Hazardous Waste Management, 22 CCR 66261— 66280. • Medical Waste Management, CH&SC 117935 & 117960. • Spill Prevention and Countermeasures Plan, 40 CFR 112 • Storm Water Pollution Prevention Program, Order 97- 03 -DWQ. • Underground Storage Tank Management, 23 CCR 2600 -2715. d) Assist with the following environmental health recordkeeping requirements: • Chemical Inventory • MSDS Procurement • Spill Response Systems • Facility Mapping • CFC -12 & HFC -134 • Hazardous Material Placarding • compliance e) Perform risk assessments and job hazard analysis (JHA) of hazardous operations as required. f) Conduct periodic facility EH &S inspections. Inspection findings of the hazards observed are provided in a checklist format with recommended corrective actions. Reports are sent to the client within a week of the inspection. g) Provide regular on -site training at the direction of the client. Topics include: • ATD Standard' 2 • Fall Protection 1 • Lane Closure 1 • Automotive Lift Safety • Fire Extinguisher 1,2 • Lead Handling 1 • Asbestos 1,2 • First Aid/CPR/AED 1 • Lockout /Tagout 1,2 • Back Safety • First Responder 1,2 • Machine Tools 1 • Bloodborne Pathogen • Forklift Certification 1 • Utility Location 1,2 • Bug bites & Animals • Hazard Communication • PPE 1 • Confined Spaces 1 • Hazardous Waste 1,2 • Lawn Mowers • DOT Requirements 1 • HAZWOPER1,2 • Respiratory Protection 1,2 • Driver Safety • Heat Illness 1 • Rigging • OSHA 10/30 hour • Hearing Conservation 1,2 • Scaffolding Safety 1,2 • Electrical Safety 1 • Hot Work 1 • Spill Response • Emergency Response • Injury & Illness Prev.1 • Trenching & Shoring 1 • Ergonomics • Ladder Safety 1 • Workplace Violence 1 Indicates required training. 2Indicates annual training requirement. 72 hours advanced notice is required to cancel any scheduled training. Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU -ALL SAFETY - Exhibit A Page 2 of 5 Client has an irrevocable license to reproduce all Du -All Safety copy written materials, including training materials developed by Du -All Safety, for the Client's internal use only. h) Required signs, labels, tags, placards, certificates, licenses, posting, etc. are provided at a reduced rate during the course of this agreement. i) Online safety training will be available at the preferred client maintenance rate during the course of this agreement. j) Open enrollment classes held regularly at Du -All Safety, LLC in Fremont, CA will be provided at the reduced client maintenance rate, most classes are 50% off the standard rate. k) The Du -All Safety electronic newsletter, the Buzz on Safety will be provided at no additional charge during the course of this agreement to keep client up -to -date with the changes to EH &S laws that affect them. 1) Provide the following general EH &S consultation services upon request and direction by the client: • Develop and maintain a EH &S training matrix that identifies each employee group and the required training and refresher frequency for each subject. • Develop and maintain an annual EH &S plan of action that identifies the compliance tasks targeted for each month. • Run or assist with regular scheduled safety committee meetings and/or tailgate meetings. • Conduct JSA's and /or AHA's. • Conduct and evaluate emergency drills. • Maintain copies of all training records. • Prepare safety training outlines, materials and schedule for client approval. • Prepare materials and have specialists available to assist at special management meetings as needed. • Assist with any regulatory agency inspection (i.e. EPA, CUPA, County Health Dept., Fire Dept., Cal/OSHA, BAAQMD, DTSC, USACE, etc.). • Du -All Safety consultants will be available for special meetings with managers /supervisors to support the EH &S compliance progress. • Conduct ergonomic workstation evaluations. • Prepare a monthly status report of the above activities. III. Terms and Conditions Billing Procedure: a) Client agrees to pay a total monthly cost of $10,302 for services as requested from the services summary. b) Additionally requested monthly service hours beyond on hundred and three (103) will be charged at the preferred client rate of: $100. per hour. c) All safety equipment, medical surveillance, and other compliance items are the Client's responsibility to purchase. These items, however, can be purchased and/or coordinated through Du -All Safety. d) All time is charged at one hourly rate. This includes correspondence, preparation, report writing, training, travel, etc. e) Payment for all services and equipment will be remitted by Client to Du -All Safety upon receipt of any services or merchandise. f) Cancellation of any schedule service requires minimum of 72 hours notice. g) All invoices are due net 30 days from receipt. Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU-ALL SAFETY - Exhibit A Page 3 of 5 h) Any additions to this memorandum of agreement will be attached to the back of the agreement. Initial here if additions are so attached: (Client initials) IV. Duration a) Both parties are bound to this agreement for no less than one (1) year. b) Client may request a one (1) year extension of this contract, at the current contracted rate, if requested on or before April 1St , 2017. V. Integrated Contract This written agreement is the complete and entire understanding between the parties and supersedes any oral agreements made prior to the signing of this agreement. Any changes to this agreement can only be made with the consent of both parties. VI. Bankruptcy In the event that either party shall cease conducting business in the normal course, become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for it's business or assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights or creditors, then at the option of the other party, this Agreement shall terminate and be of no further force and effect, and any property or rights of such other party, tangible or intangible, shall forthwith be returned to it. III. Responsibility Client accepts full responsibility for the environmental health and safety (EH &S) of their employees and facilities. Du -All Safety will provide best efforts to provide consultation services to assist the Client in achieving and maintaining EMS compliance. IV. Inducing Employees to Leave Du -All Safety or Attempt to Hire Employees of Du -All Safety Any attempt on the part of Client or former Client to induce employees to leave Du -All Safety's employ, or any effort by Client or former Client to interfere with Du -All Safety's relationship with its employees would be harmful and damaging to Du -All Safety. Client agrees that during the term of employment and for a period of three (3) years thereafter, Client or former Client will not in any way, directly or indirectly (i) induce or attempt to induce any employee of Du -All Safety to quit employment with Du -all Safety; (ii) otherwise interfere with or disrupt Du -All Safety's relationship with its employees; (iii) solicit , entice, or hire away an Employee of Du- All Safety; or (iv) hire or engage any employee of Du -all Safety or any former employee of Du -all Safety whose employment with Du -All Safety ceased less than one year before the date of such hiring or engagement. V. Acceptance I accept the terms of this agreement. I hereby authorize Du -All Safety to perform the work stated and I further agree to remit the amounts stated for any services performed by, or equipment provided by Du -All Safety, in a timely manner. This proposal is valid for 30 days. Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU -ALL SAFETY - Exhibit A Page 4 of 5 Client Acceptance Signature: Printed Name: Title: Dated: Purchase order number: Memorandum of Agreement © 2015 Du -All Safety, LLC Du -All Safety Approval Signature: Printed Name: Title: Dated: Page 5 of 5 v0313 Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU -ALL SAFETY - Exhibit A Page 5 of 5 EXHIBIT B Iki [,41J:L1ki [N *114:l11a[If_ 1:61 0171 COMMERCIAL GENERAL LIABILITY NAMED INSURED ENDORSEMENT EFFECTIVE POLICY NUMBER DU ALL SAFETY LLC 01 -12 -16 49- 57878 -05 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SOUTH SAN FRANCISCO 400 GRAND AVE SOUTH SAN FRANCISCO, CA 94080 (CERT #0171) The following is added to Paragraph 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV - CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright Insurance Services Offices, Inc., 1992 DU 49- 57878 -05 40 151 06 -06 -16 PAGE 001 #21 0171 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: 49- 57878 -03 00 151 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule CITY OF SOUTH SAN FRANCISCO 400 GRAND AVE SOUTH SAN FRANCISCO, CA 94080 (CERT #0171) WC 00 03 13 (Ed. 04 -84) Copyright 1983 National Council on Compensation Insurance. DU 49- 57878 -03 00 151 DU ALL SAFETY LLC 06 -06 -16 PAGE 001 Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU -ALL SAFETY - Exhibit B Page 1 of 1 EXHIBIT B Iki [,41J:L1ki [N *114:l11a[If_ 1:61 CNS0171 SENTRY INSURANCE A MUTUAL COMPANY THE SENTRY PLAN STEVENS POINT, WISCONSIN POLICY (A PARTICIPATING MUTUAL COMPANY) A MEMBER OF THE SENTRY FAMILY OF INSURANCE COMPANIES GENERAL LIABILITY DECLARATIONS POLICY NUMBER 49- 57878 -05 NAME INSURED: DU ALL SAFETY LLC ADDITIONAL INSURED SCHEDULE The following information is required to complete the accompanying additional insured endorsement which forms a part of the Named Insured's COMMERCIAL GENERAL LIABILITY COVERAGE PART. ADDITIONAL INSURED ENDORSEMENT EFFECTIVE CITY OF SOUTH SAN FRANCISCO CG 20 10 04 13 FROM JANUARY 12, 2016 400 GRAND AVE TO NOVEMBER 01, 2016 SOUTH SAN FRANCISCO, CA 94080 (CERTIFICATE NUMBER 0171) LOCATION (S)_OF_COVERED—OPERATIONS 400 GRAND AVE SOUTH SAN FRANCISCO, CA 94080 OTHER ADDITIONAL INSUREDS: CITY AND ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS. FOR—ENDORSEMENT—TEXT, SEE OVER. CG 89 01 11 85 (MECH) DU 49- 57878 -05 40 151 06 -06 -2016 (000 0171) Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU -ALL SAFETY - Exhibit B Page 2 of 2 Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU -ALL SAFETY - Exhibit B Page 3 of 3 Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU -ALL SAFETY - Exhibit B Page 4 of 4 EXHIBIT C DU -ALL SAFETY 2016 Support Pricing Levels* Level A — 60+ hours per month- $140 1hr The typical Level A client has over 100 employees, working multiple shifts, with little or no safety program documentation in place. At the conclusion of the first year, contracts usually drop to a Level B, dependent upon management participation and training needs. Level B — 40 hours per month- $155 1hr The typical Level B client has between 50 and 100 employees, working more than one shift, with little or no safety program documentation in place. Level B clients often times have experienced quick growth, beyond their own safety management capabilities and may be experiencing employee accidents or near misses. Level C — 24 hours per month- $170 1hr Level C support has a wide range of useful applications. From larger clients that have an implemented safety program but need assistance with certain areas of compliance (e.g. training, general consultation), to the start -up company wanting to expedite compliance. Level D — 8 to 24 hours per month- $185 1hr Level D is often utilized by clients with between 15 and 100 employees, with limited budget, wanting to become compliant over a 12 to 24 month timeline. Program development is scheduled over the first 9 to 12 months, with actual support activity beginning during the second year. *Support Clients are not charged for administrative time, copies, certificates, mileage, etc. Above pricing levels are based on an annual service agreement. 72 hours advanced notice is required to cancel and scheduled service. 2016 Project Rates $1,925 Full- Day Rate (Includes preparation, travel time, and mileage) $1,050 Half- Day Rate (Includes preparation, travel time, and mileage) Multi -Day Project Rate Available Upon Request 45950 HOTCHKISS ST. • FREMONT, CA 94539 • TEL: (510) 651 -8289 • FAX: (510) 651 -8937 http: / /www.du- all.com • E -mail: safety @du- aH.com Rev. 01 -11 -2016 Consulting Services Agreement between JUNE 6, 2016 City of South San Francisco and DU -ALL SAFETY - Exhibit C Page 1 of 1 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) out San Francisco, CA Staff Report File Number: 16 -514 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 19a. Resolution approving a Consulting Services Agreement with Du -All Safety for Safety Program Consultant services in an amount not to exceed $125,000, as stated in the 2015 -16 mid -year financial report and resolution amending the FY 2015 -16 budget, and authorizing the City Manager to execute the Agreement. WHEREAS, staff recommends awarding the Consulting Services Agreement ( "Agreement ") to Du -All Safety ( "Consultant "), for provision of Safety Program Consultant services effective July 1, 2016; and WHEREAS, staff will use consultant's Safety Program services as needed to supplement the efforts of the Human Resources Department by providing on -site services, such as: Assessment, development and updates to safety programs, policies and procedures; Performance of risk assessments and inspections; Provision of on -site safety training NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby awards the Consulting Services Agreement to Du -All Safety; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the documents necessary to effectuate the Agreement on behalf of the City Council. City of South San Francisco Page 1 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Staff Report File Number: 16 -362 Agenda Date: 7/13/2016 Version: 1 Status: Consent Calendar In Control: City Council File Type: Staff Report Agenda Number: 20. Report regarding a resolution approving changes to the Fire Department Records Retention Schedule related to the format of the records. (Gerry Kohlmann, Fire Chief) ..label RECOMMENDATION It is recommended that the City Council adopt a resolution approving changes to the Fire Department Records Retention Schedule related to the format of the records. BACKGROUND /DISCUSSION The purpose of this staff report is to identify specific records within the Fire Department to be stored in an electronic system approved by the Information Technology Department. The City's records retention policy clarifies the format in which records must be retained, identifies the documents that need to be preserved, and defines the duration. Electronic records include electronic reproductions (images /copies) of paper documents and records stored in electronic format in an official City database management system. The proposed resolution modifies the format in which certain records may be maintained and the retention period for Fire Department records. The electronic records policy is included as Attachment A to the resolution. Attachment A of the resolution identifies which records will be maintained electronically under the new policy and defines the database or system used to store the records. Attachment B to the resolution is the Records Retention Index which changes the word "Log" to "Case History ". The City Council has previously approved use of electronic records in lieu of certain hard copy records. Electronic records are more environmentally sustainable than paper copies. Moreover, due to citywide storage space limitations, paper record storage is increasingly difficult and inefficient. Electronic storage facilitates more efficient retrieval because records can be indexed, saved in logical file directories and can be accessed much more rapidly than a manual process. Regarding retention periods, various records become more or less significant based upon City of South San Francisco Page 1 Printed on 7/26/2016 File Number: 16 -362 changing functions and conditions. To ensure the City is maintaining and managing records for the most cost effective and efficient time period. The Fire Department is not recommending a change to storage duration at this time. The Fire Department has worked with Office of the City Clerk to recommend this revised records retention policy. The City Clerk's Office, Economic and Community Development Department, and Engineering Division of the Public Works Department have made similar revisions. FISCAL IMPACT Staff is not requesting any budget changes at this time. An annual amount of $4,500 is included in the Fiscal Year 2016 -17 operating budget for ongoing digitizing of final plans. CONCLUSION It is recommended that the City Council adopt a resolution approving changes to the Fire Department Records Retention Schedule related to the format of the records. City of South San Francisco Page 2 Printed on 7/26/2016 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Staff Report File Number: 16 -363 Agenda Date: 7/13/2016 Version: 1 Status: Passed In Control: City Council File Type: Resolution Agenda Number: 20a. Resolution approving changes to the Fire Department Records Retention Schedule related to the format of the records. WHEREAS, the City of South San Francisco ( "City ") has an official Records Retention Policy ( "Policy ") that is managed by the City Clerk's Office; and WHEREAS, from time to time it becomes necessary to modify the Policy and /or the retention schedule referenced in the Policy; and WHEREAS, a records retention schedule is necessary to meet the needs of the City and its citizens to assure storage of records that assist in the conduct of the City's business and the prompt destruction of records without continuing value; and WHEREAS, electronic storage makes information more accessible to the public and city staff, and WHEREAS, staff has identified which Fire Department records will be maintained electronically. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves modifications to the Fire Department section of the Records Retention Schedule and changes to the Records Retention Schedule Index accomplishing a change that will allow the storage of records in an electronic database, as indicated in Attachment A and Attachment B incorporated herein. City of South San Francisco Page 1 Printed on 7/26/2016 Attachment A.l CITY OF SOUTH SAN FRANCISCO RECORDS RETENTION SCHEDULE Adopted by Reso #74 -2003, August 13, 2003 Amended February 23, 2005 — Resolution 21 -2005 Amended September 14, 2011 - Resolution 115 -2011 Amended January 25, 2012 — Resolution 5 -2012 Amended May 22, 2013 — Resolution 45 -2013 Amended February 17, 2016 — Resolution 19 -2016 Amended April 27, 2016- Resolution 50 -2016 Amended Julv 13. 2016 — Resolution -2016 LEGEND /DEFINITIONS Records Retention A = Active (while a document or work is still in progress) Ad = Adoption date Au = Audit (an audit is performed at the end of each fiscal year — to be completed by 12/31) C = Current (current year, any record or file that is made within the current calendar year; the retention period begins the first day of the following year, i.e., C +2 means a record created in 1998 plus the next two calendar years would be eligible for destruction in 01/01/01). Cr = Creation date Cl = Closed (completed) Dbase = Database DOB = Date of Birth E = Election date Electr = Electronic Record (information that meets the Electronic Records Policy, see below) HC = Hard Copy Record I = Image (a digital representation of an original paper document) L = Life O = Obsolete P = Permanent (the record is determined to be of permanent value to the City; original records affecting the title of real property or liens thereon, minutes, resolutions, ordinances) Record = Information maintained by the City in the form of a hard copy document, an image of a hard copy document, information contained in a database, or an Electronic Record maintained pursuant to the Electronics Records Policy S = Supersede (only retain the current version; once that version has been revised the older version should be destroyed to eliminate any confusion) T = Termination (upon termination of contract, obligation, program, employment or case files) CNIIF_ '1111[07ki 69 B &P = California Bus & Professional Code CAC = California Administrative Code CCP = Code of Civil Procedure CCR = Code of California Regulations CEQA = California Envt'I Quality Act CFR = Code of Federal Regulations EC = Elections Code EL = California Elections Code FMLA = Family & Medical Leave Act, 1993 H GC = California Government Code H &S = California Health and Safety Code HUD = Housing and Urban Development OSHA = Occupational Saf & Health Agency PC = California Penal Code POST = Police Officers Standards Training UFC = Uniform Fire Code USC = United States Code WIC = Welfare & Institutions Code Electronic Records Policy Regardless of the format in which official City records are stored, all official information will be stored in a trusted environment when required and in compliance with the City's adopted record retention schedule. Provided that required conditions are met, certain Electronic Records can take the place of the original hard copy for those records identified as "Electr" within the adopted records retention schedule. In order for an Electronic Record to be deemed as the original record, the Electronic Record must satisfy all of the following requirements: a) The Electronic Record can be reproduced on any medium that is a trusted system, and that system does not permit additions, deletions, or changes to the original document; b) The device used to reproduce the Electronic Record is one which accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document images; c) The Electronic Records are made as accessible for public reference as the original records were; and d) A true copy of archival quality of the Electronic Record shall be kept in a safe and separate place for security purposes. If any portion of a record cannot be reproduced with full legibility, then no page of that record, paper, or document shall be destroyed. All Electronic Records shall be backed up regularly either by the City's Information Technology (IT) Department or by an outside service approved by the IT Department. The backed up records shall be kept separately. Format of Electronic Records The City IT Director shall approve Electronic Records retention storage formats prior to that particular format qualifying as an official City record. Upon format approval, that particular format will be listed within the document retention schedule, where applicable. For electronic records which are images, all approved formats for Electronic Records that involve copies of original documents must also adhere to the AIIM ARP1 -2009 Analysis, Selection, and Implementation of Electronic Document Management Systems, ( "ARP1- 2009 ") sections 5.4.1.4 and 5.4.2.4, concerning uniform standards for image format and compression. For electronic records which are stored as data in a database management system (defined below) rather than an image of a document, the following conditions must be met: 1. The database system must be authorized by, and must be supported /maintained by the IT Department. 2. As part of the support that IT Department provides, the database is backed up in a secure server environment that only authorized IT Department staff are allowed access to; 3. The database system is either maintained by IT Department or is under contract for maintenance that is authorized by IT Department. 4. The database contains safeguards against altering records, as described under "Trusted System" below; and 5. Authorized users of the database cannot in the normal course of their duties lawfully alter data in the database (see Trusted System below). 6. IT Department has protections in place that are designed to prevent unauthorized users from access to the database or database system. A database is defined as ... any collection of data, or information, that is specially organized for rapid search and retrieval by a computer. ...A database management system (DBMS) extracts information from the database in response to queries. A database is stored as a file or a set of files on magnetic disk or tape, optical disk, or some other secondary storage device. The information in these files may be broken down into records, each of which consists of one or more fields. Fields are the basic units of data storage, and each field typically contains information pertaining to one aspect or attribute of the entity described by the database. Records are also organized into tables that include information about relationships between its various fields. Although database is applied loosely to any collection of information in computer files, a database in the strict sense provides cross - referencing capabilities. Using keywords and various sorting commands, users can rapidly search, rearrange, group, and select the fields in many records to retrieve or create reports on particular aggregates of data .... (from Encyclopedia Britannica). Examples of databases used by the City include at this time: the Eden Financial System; the Highline Payroll System; the CRW permit and Business License System; the CLASS Recreation System; and the Geographical Information System (GIS). Trusted Svstem A trusted document management system ( "Trusted System ") means a combination of techniques, policies and procedures for which there is no plausible scenario in which a document stored from or reproduced by the system could differ substantially from the document that is originally stored. A Trusted System will ensure that all electronically stored information can be considered to be a true and accurate copy of the original information received regardless of the original format. A Trusted System must be able to ensure that at least two (2) separate copies of the electronically stored information can be created that meets, at a minimum, all the following conditions: a) The Trusted System must utilize both hardware and software storage methodologies to prevent unauthorized additions, modifications or deletions during the approved lifecycle of the stored information. b) The Trusted System's methods must be verifiable through independent audit processes. c) The Trusted System must write at least one copy of the electronic document or record into electronic media that does not permit unauthorized additions, deletions, or changes to the original document and that is to be stored and maintained in a safe and separate location. For records which are stored as images, an authorized system user could not alter a document stored in the system, and a Trusted System ensures that stored images are true and accurate representations of the original. For records stored as data in a database, the data can only be modified by authorized system users in a manner in which the change is authorized and logged. For example, after a payroll file for a certain time period is finalized and executed /distributed by the Finance Department, authorized users cannot, after the fact, go back and change the information contained in that database for any employees' pay rates, etc. contained in that payroll run. A change in an employee's pay rate would only be authorized as a new action in the database, would have protections in place limiting who can execute those changes, and, rather than erase the old pay rate, the database would store the change as a new record as of the date it is entered /accepted into the system by an authorized user. That new record would then be subject to review by an authorized database system administrator. In that way, a history of the changes to one employee's pay rates, for example, can be viewed in the payroll system's log that can be accessed and reviewed by that system's authorized administrators, either in the IT Department or in the host department. Policy Implementation In order to implement this electronic records policy, the City Clerk and the IT Department will maintain a set of internal document management procedures which will accomplish the following: • describe how information will scanned, indexed, and verified; • describe how the system will be secured from unauthorized access; • describe how documents will be secured from unauthorized modification or alteration; • describe how authorized modification of documents will be managed, including audit trail information and the ability to retrieve any previous document version required to be maintained; • describe how the system will adhere to the published records retention schedule; describe how the records will be store to protect from fire, flood, or vandalism; and • describe how these policies and procedures will be followed. RECORDS RETENTION SCHEDULE FIRE DEPARTMENT Fire Records Series Title Retention Format Citation Remarks ADMINISTRATION Books, Fire Code S +3 GC 34090.7 Include OPS manuals HC CCP 340.5 Inspections, Fire Station CI +2 Electr GC34090 CRW System CRW System Inspections, Fire Prevention CI +3 LIFC103.34 Alarm /sprinkler systems, Electr prevention efforts Investigations, Evidence Arson P PC799 Support prosecution resulting in HC homicide Investigations, Evidence Arson CI +6 PC800 Great bodily harm, inhabited HC structure or property Journals, Fire Station P GC34090 Activities, personnel, engine company Legal Opinions P GC34090 From State legislature or City Attorney's office Mutual Aid, Strategic Plans C +2 GC34090 Patient Care Reports P Medical reports Permits, Fireworks C +2 GC34090 CRW System Electr Permits for fireworks booths Policies & Procedures C +2 GC34090 Includes rules, regulations, standards FIRE PERSONNEL Background investigations: Hired T +5 GC34090 Not hired CI +2 Controlled substance P GC34090 Morphine /valium record keeping Exposure T +30 29CFR Sampling results, collection 1910.1020 methodology, background Exposure T +1 29CFR Laboratory reports and 1910.1020 worksheets Medical T +30 29CFR 1910.1020 Medical T +2 29CFR Employees less than one year 1910.1020 Training T +2 GC34090 Certifications /designations PROPERTY GC34090 CCP 340.5 Repair and Maintenance Apparatus /Vehicle C +2 8 CA Code of Regulations 3203(b)(1) Field, Non -fire and Logs C +2 GC34090 Fire, Non -arson and Los C +2 GC34090 Fire Equipment /Gear Logs C +2 GC34090 GC34090 Incident Reports CI +5 CCP338 Dispatch and daily logs CCP 340.5 Inventory, Equipment & C +2 GC34090 Supplies Investigations, Evidence Arson C +3 PC801; Structure UFC 104.32 CODE ENFORCEMENT Abandoned Vehicles CI +2 GC34090d CRW System Electr Private property Fire Records Series Title Retention Format Citation Remarks CRW System Building, housing and mobile home code violation records Case Files P GC34090d including inspections; public nuisance rubbish and weed abatement, vehicle abatement, citations, massage parlor permits, Electr general Forms /handouts S Knox box, after hour inspections etc. Liens & Releases, Supporting CI +2 Electr GC34090 CRW System Utilities, abatement, licenses CRW System Case History C +2 GC34090d Lien Recovery, citations, Electr complaints Regulations S +2 GC34090d Includes rules CRW System Reports, Federal & State P GC34090a Code enforcement statistics; may contain records affecting title to Electr real property or liens thereon CRW System Safety Inspector Reports P GC34090 Engine Company and Safety Electr Inspector Violations, Building, Property & CRW System Zoning CI +2 GC34090d Supporting code enforcement Electr activity CRW System Weed Abatement C +5 GC34090 Reports, assessments, Electr resolutions, documentation HAZARDOUS MATERIALS CA OSHA; CRW System Hazardous Waste Disposal C +10 40CFR122.21 Documentation re handling and Electr disposal of hazardous waste CRW System Although the GC only Permits, Hazardous Materials recommends current + 2 years, Storage P GC34090 other agencies consistently recommend permanent retention of environmentally sensitive Electr material Programs, Household S +2 GC34090 Hazardous Waste Training Materials S +2 Cal Code Reg. 3204(d), et seq. Standards and Administration Underground Storage Tank: CRW System Compliance P GC34090a Documents re: storage Maintenance & Oper. C +2 GC34090 Location, installation, removal, Electr remediation RECORDS RETENTION SCHEDULE AND INDEX Attachment A.2 File series not addressed in the retention schedule should he considered routine in nature and should he identified as "General Subject" page 3, and retention for those files should he two (2) years unless specific laws, decisions or opinions would apply to the file series. If a file series is not addressed in the attached schedule and the department believes other legal requirements apply or it is an essential record either for legal, historical, fiscal or administrative value, then that series can he added to the retention schedule. The retention schedule is not a "permanent" document, but flexible in nature to accommodate legal, administrative, or fiscal policy changes. RECORDS RETENTION INDEX RECORD SERIES DEPARTMENT PAGE Library Board of Trustees meeting packets Library 25 Licenses Information Technology 24 Licenses, Permits Parks, Recreation & Maint Services 34 Liens & Releases, Supporting Fire 20 Lighting Parks, Recreation & Maint Services 33 Loans ECD 12 Location Records (WQCP) Public Works 36 Logs ECD 11 Logs, Attorney Service Request Administration 7 L-e�Case History, Code Enforcement Fire 20 Maintenance and Operations (Garage) Parks, Recreation & Maint Services 34 Maintenance and Operations (Streets / Parks) Parks, Recreation & Maint Services 34 Maintenance and Operations (WQCP) Public Works 36 Maps Parks, Recreation & Maint Services 34 Maps, Plats and Surveys Public Works 35 Maps (WQCP) Public Works 36 Maps, Plans, Drawings, Exhibits, Photos ECD 15 Maps, Precincts /Voter Information Administration 5 Master Plans ECD 14 Master Plans Parks, Recreation & Maint Services 34 Master Plans (WQCP) Public Works 36 Media Relations Administration 8 Medical Fire 20 Medical Leave Human Resources 22 Meter Operations (WQCP) Public Works 36 Microfilm — Prop History ECD 10 Minutes Administration 7 Minutes (BPAC and TAC) Public Works 35 Monthly Full Backups Information Technology 24 Monthly Traffic Reports Police 31 Motor Vehicle Pulls (DMV) Human Resources 22 Municipal Code Administration 8 Mutual Aid, Strategic Plans Fire 20 Narcotics Task Force (NTF) — County Police 29 Narcotics: Confidential Informant Files Police 29 NCIC Validations Police 32 Negotiations (Labor Relations) Human Resources 22 Network Information Systems (LAN /WAN) Information Technology 24 Nomination Papers Administration 5 Notices, Meeting Administration 7 Notices, Meeting Public Works 35 Notifications and Publications Administration 5 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Staff Report File Number: 16 -485 Agenda Date: 7/13/2016 Version: 2 Status: Consent Calendar In Control: City Council File Type: Staff Report Agenda Number: 21. Cancellation of the Regular City Council meeting of August 10, 2016. (Mike Futrell, City Manager) ..label RECOMMENDATION It is recommended that the City Council, by motion, cancel the Regular City Council meeting of August 10, 2016. CONCLUSION Cancellation of the August 10, 2016 Regular City Council meeting will not result in an adverse effect on City Business. City of South San Francisco Page 1 Printed on 7/26/2016